Early Retirement for Workers with a Degree of Disability Greater Than or Equal to 65%

The standard retirement age may be reduced, by applying reduction coefficients, for workers affected by a degree of disability equal to or greater than 65%.

 

Recipients / requirements

Workers employed by somebody else included in the General and Special Seafarers 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).

    Reduction of the retirement age

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

    • The coefficient of 0.25, for cases in which the worker can show a degree of disability equal to or greater than 65%.
    • Coefficient of 0.50 for cases in which the worker can show degrees of disability equal to or greater than 65% and the need for another person to help them carry out essential everyday activities.

    Minimum age:

    Effective 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 Schemes (Coal Miners and Seafarers) who, on 01/01/08, have recognised reduction coefficients for retirement age, to whom the previous regulations are applicable.

    Calculating the amount of time actually worked: 

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

    • Days taken as sick leave for a common or occupational illness or an injury, whether work-related or not.
    • Days that correspond to suspension of the employment contract on the grounds of maternity, adoption or fostering, risk during pregnancy or breastfeeding.
    • Days authorised in the corresponding labour resolutions for which the worker is entitled to remuneration.

    Effects:

    Effective 1/1/08, the reduction coefficients will not be taken into account:

    • For the purposes of accrediting the age required to access partial retirement (except when because of the rules of transitory law, the legislation in effect prior to 1/1/08 is applied), to early retirement when insured by a Mutual Society and any other form of early retirement.
    • Nor in order to generate the additional percentage established for those who retire after the standard retirement age in force at any time.

    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.

    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.

    Access to early retirement

    • Disabled workers with a degree of disability of 65% or over who, due to having coverage through any mutual society for employees on 01/01/1967 or earlier, 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.

    • A similar rule applies to workers who have a degree of disability of 65% or over who wish to take early retirement starting from age 61, as stated in |art. 206 of the aforementioned revised text.

    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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