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Pensioners

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Characteristics




  • Among pensions:

    Pensions that belong to the same scheme are incompatible with each other if they go to the same beneficiary, unless there are laws or rules stating otherwise. In the event of incompatibilities, the person who is entitled to two or more pensions will choose one of them. Widowhood pensions are exempt from the incompatibility rule.

    There is no incompatibility among pensions from different schemes.
  • Between pensions and work:

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  • The benefits may not be subject to:
    • Transfer, in whole or in part.
    • Deduction.
    • Compensation or reduction.
  • Except in cases of:
    • Food requirements for the spouse and children (articles 110 and 143 of the Civil Code).
    • Obligations or responsibilities acquired by the beneficiary with the Social Security.
    • Obligations with the Treasury (Law 40/1998, of 9 December, on the Personal Income Tax (IRPF) and other taxation regulations).
  • In relation to sequestration, it shall be subject to the provisions in |art.  607 of Law 1/2000, of 7 January, on Civil Procedure.

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  • The right to receive benefits expires five years, from the day following the date on which the causal event took place, not withstanding the fact that the conditions that gave rise to the right to the benefits occur within three months prior to the date on which the corresponding application was submitted.
  • The following pensions do not expire:
    • Retirement.
    • Widowhood.
    • Orphanhood.
    • Family support.
  • The expiry shall be interrupted:
    • By the ordinary causes in article 1973 of the Civil Code ("...through processing before the Courts, through extrajudicial claims by the creditor and through any act of recognition of the debt by the debtor").
    • Through claims to the Social Security Administration or the Ministry of Employment or Social Security.
    • By annulment of an inquiry processed by the Employment and Social Security Inspectorate.
  • The expiry shall be suspended when legal action is taken against a person presumed guilty, criminally or civilly, throughout the action, and the duration shall commence once again from the date on which the stay is notified or the sentence becomes firm.

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The right to receive benefits expires after a year of not being collected:

  • If they are lump sum pension payments, they expire one year from the day the interested party was notified of the award.
  • If they are recurrent pension payments, the right to collect each monthly payment expires one year following the corresponding dates.

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