Y SEGURIDAD SOCIAL
Beneficiaries / Requirements
From 17/03/2013 onwards, this form of retirement remains valid only for those to whom the provisions of temporary provision foursection 5 of the LGSS are applicable.
Workers who meet the following criteria may be eligible for early retirement:
- Being registered or in a situation equivalent to registration.
- Be of 61 years of age. For this purpose, the age bonuses shall not apply, from which the workers in some professional sectors may benefit by carrying out arduous, toxic, hazardous or unhealthy activities and persons with disabilities equal to or greater than 45% or 65%.
- Establish a minimum effective contribution of:
30 years (the period of compulsory military service or alternative service, with a maximum limit of a year, shall be counted as paid Social Security) without taking into account, for these purposes, the proportional parts for extra payments or payment of years and days of contribution for contributions prior to 1-1-67.
From the contribution period, at least 2 years shall be within the 15 years immediately preceding the time becoming eligible or at the time when the obligation to contribute ceased, if the retirement pension is accessed early from a situation of high or similar service without the obligation to contribute.
In the case of workers included in the special System for agricultural workers employed, in order to establish the minimum effective contribution period (30 years), it will be necessary that, in the last 10 contributed years, at least 6 correspond to periods of effective activity in this special system. For these purposes, the periods of unemployment benefits at a contribution level shall also be computed in this special system.
In the case of workers hired part-time, in order to establish the minimum contribution period of 30 years, as of 04-08-2013, the rules established by Royal Decree-law 11/2013 of 2 August shall be applied.
- Be registered as jobseekers in the offices of public employment services for a period of at least 6 months immediately preceding the date of application for retirement. This shall not hinder compliance with this requirement of registration concurrency by with conducting a self-employed or external help activity, provided that such activity is consistent with the registration as jobseeker under current legislation.
- That ending work, following the termination of the employment contract, has not resulted due to reasons attributable to the free will of the worker. For this purpose, the following shall be understood as free will of the worker: the unequivocal expression of will of whom, being able to continue their employment and without there being an objective reason that prevents it, decides to end such employment. In all cases it is considered that the termination of employment occurred involuntarily when the termination occurred for any of the reasons set forth in article 267.1 a) of the General Social Security Act (LGSS).
The requirements for being registered in employment offices for at least 6 months and that the termination of the work did not occur for reasons attributable to the worker shall not be required in cases where the employer, under obligation acquired by a collective agreement or individual contract for early retirement, has paid the worker after the termination of the employment contract and in the two years immediately preceding the application for early retirement, an amount that, in overall computation, represents a monthly amount no less than the sum of the amount which would have applied in respect to unemployment benefit and the fee that would have been paid for, or, if applicable, the fee of a greater amount that could have been paid by way of a special agreement with Social Security. (The change lies in the comparison of individual early retirement contracts with collective agreements).
There may also be eligibility for retirement as long as the requirements in sections 1, 2 and 3 are met, provided that the termination of the previous employment relationship has been preceded by any of the causes mentioned in the previous section:
Recipients of unemployment benefit, when it is terminated due to a depletion of the term of benefits or for transitioning into becoming a retirement pensioner in accordance with the provisions of points a) and e), section 1, of article 272 of the LGSS.
Recipients of unemployment benefits at the welfare level older than 52/55 years.
Workers over 55 years of age who do not meet the requirements to qualify for unemployment benefits for those older than said age, and once the unemployment benefits are exhausted and they continue to be registered in the offices of public employment services.
It will not be required to fulfil requirements 3 and 4, in the case of workers that the company, under obligation acquired in collective agreement, has paid at least during the 2 years preceding the application date of retirement, an amount that, in overall computation, is no less than the result of multiplying by 24 the sum of the following amounts:
The monthly amount of the benefit that would have corresponded to the worker in terms of unemployment benefit, having agreed to official unemployment at the date of termination of the employment contract.
The monthly fee paid by the worker in the special agreement signed by the worker.
For proof of compliance with this requirement, the company must issue a certificate stating the amount paid to the worker under the obligation acquired by collective agreement, at least during the 2 years immediately preceding the date of retirement as well as the basis of unemployment contributions 180 days immediately preceding the worker leaving the company. The worker, along with the application for the retirement pension, must present certification of the company before the corresponding management Body.
In the event that contributions accredited under different Social Security schemes have to be calculated:
The scheme to which the worker is affiliated at the time of the causal event will recognise the benefit, as long as all requirements for receiving the pension are met, calculating only the contributions accredited under that scheme for the purpose.
If it is not possible to access retirement in this way, the Social Security scheme where they are not registered will recognise the pension, as long as the other requirements for accessing retirement are met, calculating only the contributions accredited under that scheme for the purpose.
If it is also not possible to access retirement by applying the above rule, the scheme where the interested party has made the largest contribution will decide.
If, by applying these rules, the scheme which recognises the pension is the General Scheme (or the Special Scheme for Coal Mining or the Special Scheme for Seafarers in relation to employees) , the interested party may access early retirement through article 161 bis, section 2, of Royal Legislative Decree 1/1994, of 20 June, according to its wording on 31/12/2012. If not, early retirement will not be possible.