Social Security

Age

General rule:  

To have reached 65 years of age. This requirement will be demanded, in all cases, when the pension is applied for without being affiliated or in a situation assimilated to affiliation.

Exceptions:

The minimum age can be lowered or brought forward only for workers who are affiliated or in a situation assimilated to affiliation, in certain special cases:

• Early retirement as of 60 years of age due to being insured by a Mutual Society.
• Early retirement as of 61 years of age without being insured by a Mutual Society.
• Partial retirement.
• Special retirement at 64 years of age.
• Retirement of Mining Statute personnel, air transport flight personnel, railway workers, artists, bullfighting professionals, firemen and members of the Basque Police Force.
• Flexible retirement.
• Retirement of workers with a degree of disability greater than or equal to 45% or 65%.

Under no circumstances can the application of the reduction coefficients make it possible for the interested party to receive a retirement pension under the age of 52, except for workers in the special schemes (such as the Coal Mining and Sea Workers scheme) who, on 01-01-08, have recognised reduction coefficients for retirement age, to whom the previous regulations are applicable.

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Minimum contribution period

Workers in a situation of affiliation or assimilated:

• Generic period of contribution: 15 years (5,475 days), as of 25/05/2010.

• Specific contribution period: 2 years must be between the 15 years immediately prior to the time entitlement occurs or the date on which the obligation to contribute ends, if the retirement pension comes from a situation of affiliation or assimilated to affiliation, without the obligation to contribute.

Workers not in an affiliated situation nor assimilated:

• Generic period of contribution: 15 years (5,475 days), as of 25/05/2010.

• Specific contribution period: 2 years must be between the 15 years immediately prior to the time the entitlement occurs.

For the purpose of accrediting the minimum period of contribution:

• Only contributions effectively made or assimilated to them legally and according to the regulations will be calculated.

• The proportional part for the extra payments will not be taken into account.

For workers on part-time contracts:

To certify the corresponding contributory periods, only the contributions made based on regular and overtime working hours are counted, calculating the equivalence in theoretical contributory days:

• The number of hours effectively worked will be divided by 5, equivalent to the daily calculation on 1826 annual hours.
• The multiplying coefficient of 1.5 is applied to the number of theoretical contribution days, which results in the number of days considered to be certified in order to determine:

• The minimum contribution periods. A fraction of a day, when appropriate, is calculated as a full day.
• The number of contribution years in relation to the percentage calculation to be applied to the pension's regulating base. A fraction of a year is calculated as a full year. 

To this end, in the case of workers included in the Special Scheme for Domestic Employees, from 2012 to 2018, the hours actually worked in said Scheme shall be calculated based on the contributions bases referred to in numbers 1, 2 and 3 of section 2.a) of the 39th Additional Provision of Law 27/2011, divided by the amount set for the minimum hourly base of the General Scheme by the LPGE for each of said financial years.

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Causal Event

Depending on the situation through which the pension is accessed, the causal event is considered:

• The day on which the working activity stops, when the worker is affiliated to the Social Security.

• The day the application is presented, in the situations assimilated as affiliated, with the following exceptions:

• In the case of forced leave, on the day the job which originated the assimilation ends.
• In the event of forced transfer outside the national territory, the day on which work employed by another person ends.

• The day the application is presented, in situations of non-affiliation.