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Benefits included in the Agreement

General Information

The Agreement applies to the following benefits:

For Spain:

To the following contributory benefits of the Spanish Social Security System, except for the special schemes for civil servants and the military:

    • Benefits for temporary disability in the event of common diseases and non-work-related injuries.
    • Benefits for maternity and risk during pregnancy.
    • Benefits for permanent disability, retirement and survival.
    • Benefits for work-related injuries and occupational disease.
    • Death Grant.
For Ecuador:

To the following contributory benefits of the Ecuadorian Social Security Institute's Compulsory Insurance Scheme.

    • Maternity benefit.
    • Illness allowance.
    • Disability, old age and death insurance benefits (including widow's and orphan's survival pensions).
    • Occupational risk insurance benefits.
    • Funeral Grant.
For these benefits, you must be aware that:
  • To get the contributory benefits provided for in the Agreement, completed periods of insurance in Spain and Ecuador can be added together.

  • Contributory financial benefits can be collected, except for temporary disability benefits, irrespective of whether the interested party is residing or is currently located in Spain or Ecuador.

  • Each country pays its own benefits directly to the beneficiary. However, if the amount corresponding to benefit payments of a similar nature is higher than that owed by the Social Security of the other country, it can be deducted from the initial payments of the pension granted.
  • Those who meet the requirements of the legislation of both countries to be entitled to a contributive pension can collect it from both.

Temporary disability, risk during pregnancy and maternity

Economic benefits for these contingencies are granted by the country where the recipient is insured, taking into account, if necessary, any periods of insurance in the other country, if they do not overlap.


Permanent Disability, Retirement and Survival

Each country will examine each application for a pension separately in the following way:

  • It will check whether the interested party is entitled to the benefit, taking into account only its own periods of insurance, not those of the other country.
  • Also, it will calculate the benefit by adding together its own periods of insurance and those of the other country (theoretical pension). In this case, the benefit will not be for the whole amount but a proportion of the periods of insurance in the country granting the benefit and the sum of the periods in Spain and Ecuador (prorated pension).

There is an exception for cases in which the total length of the periods of accredited insurance in one of the two countries is less than one year and therefore there is no entitlement to a pension from that country. This period will be accepted by the other country as being its own period, but without applying the "prorrata temporis" clause.

If the periods of accredited insurance in both of the countries is less than one year, they will be added together by the country in which the interested party meets the requirements for being granted a pension. If the worker is entitled to a pension in both countries, this will only be granted by the country in which the worker has their most recent accredited periods of insurance. In none of these cases will the “prorrata temporis” clause be applicable.

  • The benefits calculated as shown in the previous sections will be compared and each country will recognise and pay the benefit that favours the interested party.

To recognise and calculate the pension, the following will be taken into account:

  • If the legislation of one of the countries  requires a maximum length of periods of insurance for a full benefit to be granted, when  adding them up, the competent Institution in that country will take into account only the contribution periods in the other country needed to give entitlement to that pension. 
  • If, when adding up the periods, there are voluntary periods of insurance that overlap with obligatory insurance periods, both the theoretical pension and the amount of the financial benefit will be calculated without taking into account the voluntary periods of insurance.

However, the resulting amount will increase in proportion to the voluntary periods of insurance that were not calculated. This increase will be calculated according to the terms of the legislation of the country in which the voluntary periods of insurance were completed.

  • The institution that calculates the pension will consider the worker to be subject to its legislation, if this person is insured in the other country or receives a benefit from that country based on its own periods of insurance. To grant survival pensions, the fact that the deceased was insured or was a pensioner of the other country will be taken into account.
  • If the granting of a benefit requires that some periods of insurance have been immediately prior to the causal event, this requirement will also be considered to have been met if the interested party has an accredited period immediately prior to the granting of the benefit by the other country.
  • If the legislation of one of the signatory countries contains pension reduction, suspension or cancellation clauses for pensioners who work, these will be applicable even if the work was done in the other country.
  • If it was necessary to add in periods of insurance in Ecuador to grant a Spanish pension, the pension will be calculated using the actual contribution bases of the insured person in Spain for the years immediately prior to the payment of the last contribution paid to the Spanish Social Security. The amount obtained from this calculation will be increased by the annual revaluations made for the same type of benefit up to the date of the causal event.
  • Ecuadorian disability, old age and death benefits will be granted subject to the contributions actually received. The minimum pension will be proportional to the length of time that contributions were paid to the Ecuadorian Social Security Institute. Prorated pensions cannot exceed the maximum pension in force.
  • To gain entitlement to benefits in certain special schemes (for example, Sea Workers and Coal Mining) only the periods in the other country that were completed in the same occupation or employment will be taken into account.

Work-related Injuries and Occupational Disease

The benefit will be determined by the country whose legislation the worker is subject to on the date when the accident occurred or the disease was contracted.

                              



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