Social Security

Recipients / requirements

Workers employed by someone else included in the General and Special Agricultural, Sea Worker and Coal Mining Schemes, who are in paid employment and accredit an established degree of disability, provided they comply with the other requirements  (contribution period and causal event).

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Reduction of the retirement age

The ordinary retirement age of 65 years required to access the retirement pension will be reduced by a period equivalent to that resulting from applying the time actually worked by applying the following coefficients, provided that during the working periods the following degree of disability are proven:

• Coefficient of 0.25 in cases in which the worker can show a degree of disability equal to or greater than 65%.

• Coefficient of 0.50 in cases in which the worker can show degrees of disability equal to or greater than 65% and the need for another person to carry out essential everyday activities.

Minimum age:

Since 01-01-08, the application of the corresponding reduction coefficients for age will not enable the interested party to access the retirement pension before 52 years of age.

This limitation will not affect workers in the Special Regimes (Coal Miners and Sea Workers) who, on 01-01-08, have recognised reduction coefficients for retirement age, to whom the previous regulations are applicable.

Calculation of time actually worked: 

All absences from work will be discounted, except the following:

• Those which are due to having a medical certificate for a common or occupational illness or an accident, whether work-related or not.

• Those due to suspension of the work contract due to maternity, adoption, fostering, risk during pregnancy or breast feeding.

• Those authorised in the corresponding labour resolutions as being entitled to remuneration.

Effects:

Since 01-01-08, the reduction coefficients will not take into account:

• For the purpose of accrediting the age required to become entitled to partial retirement (except when because of the rules of transitory law, the previous legislation at 01-01-08 is applied), to early retirement when insured by a Mutual Society and any other form of early retirement.
• Nor to generate the additional percentage established for those who retire after the age of  65 years.

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Pension calculation

The period of time by which the worker retirement age is reduced, will be counted as an effective contribution period for the sole purpose of determining the applicable percentage to calculate the amount of the retirement pension.

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Effects of the coefficients on retirement in other schemes

For the purposes of contributions, both the age reduction as well as the calculation of the time by which it is reduced will be applicable, even though the pension is derived from another Social Security scheme.

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Access to early retirement

• Disabled workers with a degree of disability equal to or greater than 65% who, due to having coverage through any mutual society for employees on 1-1-1967 or previously, have the right, in accordance with temporary resolution three.1.2 of the revised text of the LGSS, to a retirement pension from the age of 60. The coefficients of 0.25 or 0.50 will be applied for the purpose of determining the reduction coefficient for the amount of the retirement pension that corresponds to each individual case, and the age of the worker will be taken into account for all other purposes.
  
  The references to 1 January 1967 contained in the law are understood to refer also to any different dates that may appear in the respective governing regulations for the schemes or groups, to make early retirement possible.
  
  
• The same rule shall be applicable to workers affected by a degree of disability greater than or equal to 65% who want to take early retirement, in accordance with the provisions of |art. 161.3 of the aforementioned revised text, as of 61 years of age.

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Disability accreditation

The existence of a disability, as well as the corresponding degree of disability will be accredited by means of a certificate from the Institute for the Elderly and Social Services or the corresponding organisation in the respective autonomous community to which the corresponding functions and services have been transferred.

When it is not possible to issue a certificate from the aforementioned organisations, due to relating to time periods prior to their assumption of responsibilities, the existence of the disability may be accredited by a certificate or administrative document recognising this condition, issued by the organisation which had these responsibilities at the time, and if not possible, by any other means of proof considered sufficient by the managing entity of the Social Security.

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