Pensioners and Spanish Pensions

The pensioner must communicate any of the following changes to their management body within 30 days of them happening:

• Changes of address: usual or tax residence.
• Beginning of work
• Changes in economic situation: awarding and/or receipt of other benefits or pensions, either national or foreign, or any other type of income.
• Changes in family situation: marital status, birth, deaths...

If the pensioner lives abroad, they must also send the certificate of proof of life within the first calendar quarter of each year to prove that they are living abroad so that they can continue to receive his or her pension and avoid having it suspended.

Likewise, and always before the 1 March each year, pensioners that have been awarded minimum supplements in their pension and who have obtained gross income from work income, capital or other items (above the annual established amount), must expressly declare this income.

To report these changes, the pensioner can do so through the Social Security e-Office or the Your Social Security Portal, in the "Manage your benefit" section. To do so, you must have a digital certificate, electronic ID or cl@ve. If this is not possible, the pensioner has a series of forms available to them that can be found on this web page. Once the pensioner has completed and signed the form, it can be sent by ordinary mail or presented at any of the Social Security Assistance and Information Centres (CAISS).

To report the changes, the pensioner can do so through the Social Security e-Office or through the Your Social Security Portal, in the "Manage your benefit" section. To do so, you must have a digital certificate, electronic ID or cl@ve. If the pensioner does not have any of these means, they can use a form called Changing bank and address details.

If the pensioner resides abroad, they must complete the bank details by adding the BIC or SWIFT depending on the country of residence.

Once the pensioner has completed and signed the form, it can be sent by ordinary mail or presented at any of the Social Security Assistance and Information Centres (CAISS).

The death must be notified in any case, providing the pensioner's death certificate, through the Social Security E-Office ( for which you must have a digital certificate, electronic ID card or cl@ve) or in person at any of the Social Security Attention and Information Centres (CAISS).

If the pensioner resides abroad, the Provincial Directorate of the INSS that manages his or her pension must be notified of the death, or failing that,  to the Labour Council of the Spanish Embassy of the place of residence.

• If you have a digital certificate, electronic ID or cl@ve, you can directly obtain the certificate certifying that you receive a pension or, if applicable, that you are not a holder of a public pension through the e-Office service called "Benefit certificates" or through the Your Social Security Portal.

• If you have none of these, in order to request the certificate proving whether or not they are receiving the Social Security pension, they can use the form known as the "Certificate Application". Once the form is completed and signed, it can be sent by ordinary mail or submitted to any of the Social Security Assistance and Information Centres (CAISS).

• If you live abroad and do not have a digital certificate, you can obtain the certificate directly from the Provincial Directorate of the INSS that manages your pension.

• If you have a digital certificate, electronic ID or cl@ve, you can obtain information directly on the status of your benefit application through the e-Office service called "How is my benefit going?" or through the Your Social Security Portal, in the "Your Details – Formalities" section.

• If you do not have any of these means, you should contact any of the Social Security Assistance and Information Centres (CAISS) to obtain this information.

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.

Retirement, widowhood, orphanage and family pensions do not expire.

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

• If they are lump sum pension payments, they expire one year after 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 after their respective expiry dates.
  

When pensions result from work-related injuries or occupational disease, the two extra payments in June and November will be distributed in the ordinary monthly payments as these pensions are paid in 12 instalments.

The due periods will be between:

• The 1 December and 31 May of the following year, inclusive, for the extra payment in June.
• Between the 1 June and 30 November, also inclusive, for the extra payment in November.

A single day of pension payment will be enough to calculate a sixth of the full amount of the relevant extra payment.

In the event of cancellation, termination or suspension of a benefit, regardless of the reason, the extra payment will be deemed due on the 1st day of the month in which the termination or suspension is agreed or the reason for the cancellation occurs. 

It will be paid in an amount equal to a sixth for each of the months included between December (extra payment from June) or June (extra payment from November), and the month when the suspension or termination of the pension occurs. Each sixth will be calculated taking the amount of the ordinary pension for the month in which the suspension or cancellation is agreed.

Only in those cases where the recipient of the benefit in question does not have any other form or method of collection in their place of residence.

The pension can be paid, at the request of the pension holder, every calendar quarter or six months in arrears, even if it is due monthly and without, in any case whatsoever, generating any interest for the recipient.

The request for the pension due and not received will be required whenever a recipient of Social Security benefits dies. The pension will be paid in a different way to the system of paying into a current account or savings book or this if cancelled.

The request will be produced at the request of the lawful party and will be paid, if appropriate, on behalf of the beneficiaries.

The amount of the benefit according to the number of corresponding payments, including extra payments, up until the end of the year, will be taken into account to calculate the pension's annual base, a determinant of the IRPF tax rate.

When the same individual receives benefits abroad and in Spain, both of these will be added together applying the tax regulation relating to the person's residence for tax purposes to the joint annual base.

Yes, so long as the voluntary rate requested is always greater than the one according to their economic, personal and family situation. You can apply for it through the Social Security e-Office or the Your Social Security Portal, in the "Manage your benefit" section. To do so, you must have a digital certificate, electronic ID or cl@ve.

If you do not have any of these means, there is a form called "Voluntary increase of personal income tax withholding". Once the form is completed and signed, it can be sent by ordinary mail or submitted to any of the Social Security Assistance and Information Centres(CAISS).

The voluntary rate requested will at least be applied until the end of the financial year and so long as the right to this percentage is not given up through communication in writing or a higher rate requested for subsequent years, unless there is a variation in the circumstances that determine a higher rate for the applicant voluntarily.

Recipients of benefits living abroad must not indicate their personal and family circumstances, as these will not be taken into consideration for IRPF deduction purposes.

In addition, any bilateral agreement signed by Spain to avoid double taxation will be taken into account. If there is an agreement, no personal income tax deduction will be made and the regulations provided in each agreement will be in force.

Social Security system pensions can be confiscated according to the scale set out in art. 607 of the Code of Civil Procedure, if the amount of the benefit is higher than the SMI  at any time. 

If the salaries, wages, pensions or payments were taxed with permanent or temporary discounts of a public nature according to fiscal, tax or Social Security law, the net amount received by the entitlement holder, having deducted the above, will be used to govern the amount confiscated.

The general rule will exclude those cases where the sentence orders the payment of maintenance allowances whenever the obligation for paying them comes directly from the law, including rulings given in annulment, separation or divorce processes on maintenance allowances due to the spouse or children. In these cases, as well as relevant precautionary measure cases, the legal body will determine the amount that can be confiscated.

Generally, it is not possible to confiscate the amount of the pension that does not exceed the current SMI , applying the relevant percentages to be deducted from the amounts that exceed this SMI.

Deductions will be made by applying the scale set out in art. 607 of the Code of Civil Procedure.

The general procedure will be followed, as a result of which it will have to be declared by a decision or agreement with the competent body, reviewing any acts in which this might have been previously declared, communicating the return to those people obliged to pay and other interested parties.

When the decision is final having exhausted administrative procedures, the TGSS will then take charge urging the persons responsible to pay the amount to be returned through the relevant debt claim.

Claims not to be referred to the TGSS are final decisions being dealt with administratively in which the legitimacy of returns that do not exceed 20% of the monthly IPREM  is declared, as a result of being a "donatio mortis causa" (gift caused by death).

The obligation to return pensions amounts unduly received will expire after 4 years, starting from when the money was received, or from the time it became possible to carry out an action to demand its return, regardless of the cause of the wrongful receipt, including cases of benefit reviews due to errors made by the Management Body.

If it is not possible to apply the special procedure, by means of which the management body applies discounts to benefits it pays, as well as when, having applied the procedure, it is not possible to make the necessary deductions to cancel the debt in the maximum time frame expected due to the death of the debtor, cancellation of the benefit that they were receiving or for any other cause.

• The SOVI pension will totally or partially absorb any minimum supplement the system's widow's pension might have.

• The widow's pension and the SOVI pension total cannot be more than double the current minimum widow's pension of recipients aged 65 or over, when calculated annually. Should the aforementioned limit be exceeded, the SOVI pension will be reduced accordingly.
  

For the purposes of applying the maximum limit  of the pension established in the General State Budgets Act, the following will not be calculated:

• Pensions resulting from acts of terrorism.
• The 50% increase in the serious disability pension. 
  

As a general rule, it is necessary to prove the real age established in each case. However, in those groups that have reduction coefficients of the retirement age according to the activity carried out, the age of 65, for the purposes of determining entitlement to minimum supplements, will understood to be completed when, as a result of applying these coefficients, the resulting age is either equal to or greater than 65 years old. This rule will be applied in special retirement cases at 64 years old.

For permanent disability pensions, in relation to minimum supplements, the age requirement will be applied as follows:

• Calculation of 65 years old for total PD pensions: the theoretical age will be considered.
• Calculation of 60 years old for qualified total PD pensions: the real age will be considered.
  

Yes, when opting for unemployment benefit, as well as a non-contributory pension for a degree of disability equal to or greater than 75%.

If there is concurrence with a contributory pension in the system, the cancellation of the economic effects of the minimum supplements recognized will occur from the first day of the month after the date of the determination of the concurrent benefit or, where appropriate, the determination resulting in the increase of the amount of the other pension.

In cases where the pension is not dealt with by the management bodies (INSS and ISM), the economic effects will occur from the first day of the month after the date of the determination of the unrelated benefit that features in the Register of Public Services.

Income relating to net profits, excluding expenses deductible from these activities in accordance with tax law, will be calculated.

Only 60% of the capital received, where appropriate, will be calculated in cases where there are profits resulting from pension funds, and so long as more than two years have passed since the first contribution to the fund.

The age of access to retirement pensions depends on the age of the interested party and the contributions accumulated during his/her working life.

The retirement ages and contribution periods will be applied gradually until 2027.

The minimum age may only be lowered or brought forward for workers who are affiliated or have a situation assimilated to inscription, in certain special cases.

Firstly, the scheme to which the interested party is affiliated when the causal event occurred or the last one in which this circumstance was produced will award the pension, so long as the following requirements are met. If the right is not applicable, the same formula will be used in the above schemes.

If the requirements necessary are not demonstrated in any of them, the scheme in which the interested party can show the most number of contributions will take priority, by adding up all the interested party's contributions.

If the worker cannot prove the age requirement in the scheme in which they show the most number of contributions, the pension for the scheme will be granted so long as they meet the age requirement in one of the other schemes taken into consideration for adding up the contribution periods, as well as the rest of the requirements necessary for this (5 years or 1/4 of the contributions in the scheme allowing early retirement).

Workers who are "members of a mutual society" will be able to retire from the age of 60 providing they meet the necessary requirements.

Self-employed workers who are "not members of a mutual society" will be able to retire two years earlier, at most, than the age that legally applies to them, providing they meet the rest of the requirements.

The periods during which the individual has worked (as a worker employed by another person included in the General Regime, and in the special regimes of  Sea Workers  and Coal Mining), in which the worker provides evidence of a disability  equal to or greater than 65%, are multiplied by the corresponding reduction coefficient:

• A coefficient of 0.25 in cases where the worker provides evidence of a degree of   disability equal to or greater than 65%.
  
• A coefficient of 0.50 in cases where the worker provides evidence of a degree of disability equal to or greater than 65% and provides evidence of the need for the assistance of another person in order to carry out essential everyday tasks.

The result in days is added to the real age of the worker and a fictitious age is obtained which will be taken into account for the purpose of the retirement pension.
 

Partial retirement  can be applied for by workers employed by other people on a full-time basis, who are part of any Social Security employee scheme. It cannot be applied for by staff with statutory relationships or civil servants, directors or managers considered as workers employed by other people, commercial representatives or artists.

With regard to self-employed workers, article 318 of the Consolidated Text  of the LGSS rules that partial retirement will be available for self-employed workers included in the Special Schemes for Seafarers  and for Self-Employed Workers , according to the terms and conditions established in the regulations. Since this law has not been legally implemented, these workers cannot currently take advantage of this type of retirement.

If they access the pension from a situation similar to that of affiliation without the obligation to make contributions (for example they are involuntarily unemployed and have been uninterruptedly seeking employment since their unemployment benefits terminated), they must have made 2 years' worth of contributions   within the 15 year period prior to the date on which the obligation to make contributions ended (termination of unemployment benefit).

If the worker is a member of a  "mutual society they can retire from the age of  60 provided they meet the necessary  requirements.

If the worker  " is not a member of a mutual society and  they freely choose to leave their last job, they may retire at an age less than two years from the  applicable statutory age, provided they meet the rest of the necessary requirements.

Yes, in certain circumstances with specific regulations, such as certain artists and bull-fighitng professionals.

Nor will the reduction coefficients be applied in cases where, due to the application of bonuses for arduous work or disability, the beneficiary reaches the statutory fictitious number of years.

It is not necessary to wait until the statutory retirement age. Workers who opt for partial retirement can request an ordinary  or early retirement pension, in any of its forms, provided they meet all the requirements for this.

Yes. In this case it will not be necessary for a relief contract to be signed simultaneously.

The general rule is that the pension is incompatible with being employed or self-employed and being registered with the social security system. However, there are a number of exceptions:

• Partial retirement allows the worker, in agreement with their employer, to reduce their working hours by between 25% and 50% and to receive the retirement pension in inverse proportion to the reduction in working hours. If the worker has not reached regulatory retirement age, their company must arrange a relief contract with another worker.
• Active retirementmakes it possible to combine the retirement pension with full-time or part-time employment or self-employment, provided that retirement has taken place at least one year after reaching the ordinary retirement age (without any bonuses or early retirement age reductions that may be applicable) and, in addition, a percentage may be applied to the base rate of 100% when the person concerned has a full career of contributions. During active retirement, 50% of the pension is paid. However, if the activity is carried out on a self-employed basis and proof is provided that at least one employee is employed, the amount of the pension compatible with work will reach 100%. .
• Flexible retirement allows a person who is already a pensioner to start a part-time job with a reduction in working hours of between 25% and 50% of the normal working hours, and to combine this with the pension they were receiving, reduced in proportion to the percentage of working hours worked part-time.
• The retirement pension is also compatible with self-employment if the total annual income does not exceed the amount of the annual minimum professional wage.
• The contributory retirement pension can also be combined with the development of an activity of artistic creation for which income is received from the ownership of intellectual property rights.

• Primary care practitioners, family doctors and paediatricians, assigned to the National Health System with statutory or civil servant appointments, may, until 28 December 2025, continue to perform their functions during the extension of their active service and, simultaneously, access retirement, receiving 75% of the amount of the pension for this concept, provided that they meet the requirements established by law.

• In the same way, until 28 December 2025, primary care practitioners assigned to the national health system with statutory or civil servant appointments who have been granted a contributory retirement pension will be able to make their activity compatible with 75% of their retirement pension when they return to active service, provided that the causal event giving rise to their pension took place on or after 1 January 2022, or they had availed themselves of the compatibility of their retirement pension with their appointment as statutory or civil servant health professionals under Royal Decree-Law 8/2021 of 4 May, provided that they meet the other requirements established by law.  

Furthermore, the employer's retirement pension is compatible with merely maintaining ownership of the business or commercial establishment, so long as they do not carry out any work.

For personalised information, it is advisable to go to any of the Social Security Assistance and Information Centres (CAISS).

The general rule is that receiving a pension is incompatible with undertaking work either for another person or as a self-employed person or with activities carried out for the Public Administrations.

There are some exceptions to this incompatibility: the retirement pension is compatible with undertaking: 

• Part-time work under the terms established for flexible retirement. The total sum of the retirement pension will be reduced by an amount inversely proportional to the reduction applicable to the working day.
• Self employed work, the total annual income from which does not exceed the annual Minimum Professional Wage (SMI).
• Any work for another person or as a self-employed person carried out by the pensioner, provided they started to draw the pension at the statutory age (without bonuses and not early) and the percentage applicable to the respective base rate for the purposes of determining the sum of the pension reaches 100%. As a general rule, the sum of the pension will be equivalent to 50% of the amount of the pension.

In any case, the pensioner should let the managing body know that they are going to start work.

• Until 28 December 2025, primary care practitioners assigned to the national health system with statutory or civil servant appointments have the possibility of making their activity compatible with 75% of their retirement pension, when they return to active service, provided that the causal event giving rise to their pension took place on or after 1 January 2022, or they had taken advantage of the compatibility of their retirement pension with their appointment as statutory or civil servant health professionals under Royal Decree-Law 8/2021 of 4 May, provided that they meet the other requirements established in the law.

If the worker enters into a part-time work contract, within the legal reduction limits set forth for "flexible retirement", his retirement pension will be reduced inversely proportionate to the reduction applied to the working hours. If he works less than 50% or over 75% of his working hours, his pension will be suspended.

In certain circumstances, as from 17/03/2013, it is possible for workers to reconcile their retirement pension (once it is down to 50% of its full amount) with a full-time or part-time job, with no constraint on the number of working hours.

They can be entitled to two pensions, as long as they meet the individual requirements of each scheme. If they are not affiliated or assimilated to any of the schemes when retiring, the contributions shown in each of them must have overlapped for at least 15 years.

In the event that a pension is not granted in one of the schemes, the certified contribution bases in the latter may be added to the contribution bases in the scheme in which pension eligibility exists, only to determine the regulatory base, as long as the sum of the bases does not exceed the maximum contribution limit in force at any given time.

The retirement pension is compatible with owning a business and the functions attached to ownership, as a result of which it is necessary to delimit the functions attached to ownership in accordance with commercial regulations on employer activity.

In principle, the business owner can perform any relevant or necessary function for achieving their objectives, even if they normally use the help of other people, either because they cannot or do not want to act personally, since the ownership of a business or company does not require the employer to carry out a business activity directly and personally. All that is necessary is that it is carried out in their name, i.e. so that legal relationships with third parties generated are imputed to them as well as all the rights and obligations produced, with the owner assuming the business's risk and expense.

Everything related to the management, administration and normal running of the business must be deemed an incompatible activity with the RETA retirement pension for both the individual employer and the de facto employer of a trading company, as this will give rise to affiliation in the Social Security system possibly resulting in, by way of example, the signing of contracts in general, general wages agreements, the company's representation at and outside of trials, the signing of guarantees...

The percentage applicable to the base pension in order to calculate the pension award varies depending on the number of years the individual has been making Social Security contributions. A scale is applied that begins with 50% at 15 years, increasing from the sixteenth year by 0.19% for each additional contribution month between months 1 and 248, and by 0.18% for those who pass month 248, with the percentage applicable to the base pension never exceeding 100%, except in cases where the individual accesses their pension at a later age than is applicable to them.

These percentages will be applied gradually until 2027.

The percentage established at the time the retirement pension is awarded will not alter when the beneficiary reaches the statutory  retirement age. However, if on reaching the aforementioned age, the amount of the pension is less than the minimum established for said pension , they will be guaranteed the minimum, provided they meet all the requirements.

In order to prove the minimum contribution period (short-fall) required for accessing a benefit, generally only the contributions actually made or those assimilated by extra payments (the so-called contribution-days) will be calculated.

The allowance time granted to the worker according to their age on 1 January 1967 is not used to prove the minimum contribution period required, and will only be taken into consideration to determine the pension percentage.

The pension amount will be the result of applying the work day reduction percentage to the amount of the pension due to them on the date of the causal event, according to the number of years contributions are made.

To determine the percentage applicable to the base pension of the partial retirement pension, when the worker applies for it prior to reaching the age of 65, the reduction coefficients will not be applied based on age.

The contributions made for activities carried out during the partial suspension of receipt of the retirement pension will result in an improved pension once employment is terminated.

To this end, once the termination of activity has been communicated to the competent management entity, payment of the full sum of the retirement pension will resume. once said sum has been recalculated in accordance with the following rules:

• In order to recalculate the base pension, the new contributions are factored in and the regulations in effect at the time the activity terminated are applied. If the result is a base pension that is lower than the previous one, the previously calculated amount is upheld, albeit applying the pension resulting from the revision carried out from the date the base pension was determined to the date the employment terminated.
  
• This will also result in modification  of the percentage applicable to the base pension, based on the new accredited contribution period,  and will result in the reduction or, where applicable, removal of any reduction coefficient that may have been applied, if it results in the right to an early retirement pension depending on whether or not the individual is a member of a mutual benefit society

• This benefit is part of the protective actions of the General Social Security Scheme and the Special Sea Workers, Self-employed Workers and Coal Mining Schemes. Self-employed workers' characteristics:

They must be included under the voluntary improvement of the protective actions arising from work-related injury and occupational disease contingencies and have previously or simultaneously opted for temporary disability benefit coverage.

They must be up-to-date with contribution payments.

It is necessary to determine whether the disability happened unexpectedly as a result of an injury (work-related or not) or a disease (common or occupational):

• If it is an injury, the normal job will be considered as that normally carried out by the worker at the time of the injury.
  
• In disease cases (common or occupational), the normal job will be considered is the worker's main activity during the 12 months prior to the date when the temporary disability resulting from the permanent disability would have commenced.
  
  

If the disability results from an injury or occupational disease, the contribution period is not required, unless it is an absolute permanent disability or serious disability due to a non-work-related injury and the worker is not in an assimilated contributor situation, in which case a generic contribution period of 15 years and a specific contribution period of 3 years within the last 10 years will be required.

The "contribution days" are calculated to certify the minimum generic and specific contributory periods (extra payments).

Permanent disability only exists if the checking of incapacitating injuries is accompanied by the right to receive the benefit, therefore meeting the requirements established (contribution period,...).

As a result, permanent disability will not be declared in any of its degrees, if the worker does not show the remaining requirements for producing the right to economic benefit.

If the worker's maximum TD  period (545 days) has not run out, the days remaining will be assimilated as contribution periods in order to certify the minimum contribution period.

The 10-year period, within which a fifth of the required contribution period must be included, will be calculated from the date when the obligation to pay contributions finished.

One of the requirements for being eligible for this pension is not having  reached retirement age, however:

• If the pension arises from a work-related injury or occupational disease, it is possible to award the permanent disability pension even if on the date of the causal event the worker, having reached retirement age, meets the other requirements for receiving the Social Security system's retirement pension.
  
• If the pension results from a non-work-related injury or common disease and, on the date of the causal event (termination of Temporary Disability">TD, issuing of the EVI opinion or, where appropriate, the application) the worker does not meet the requirements for receiving the system's retirement pension, they will be entitled to a permanent disability pension, the amount of which will be equivalent to the result of applying to the base rate the percentage for the minimum contribution period established at all times for receiving the retirement pension (50%).

Only contributions made for a job activity and/or contributory unemployment will be valid for these purposes.

If a special agreement has be entered into, once the initial refusal decision has been issued, these contributions cannot be calculated to certify the contribution period if the worker's medical condition is identical to that upon which the EVI proposal was based.

55% of the base pension can be increased by a further 20% for workers over 55 years old, who are in a total permanent disability situation, if it is presumed, due to their age, lack of general or specialised preparation and the social and working circumstances of their place of residence, that they have problems in finding a job in an activity different to their normal one.

For self-employed workers, there is an additional requirement that the pensioner is not the owner of an agricultural or maritime-fishing business or the owner, tenant, usufructuary or similar of a commercial or industrial establishment.

The substitution of the increase for housing and care at a Social Security System welfare institution upon request by the severely disabled person or any of their legal representatives can be authorised, whenever considered beneficial, and financed at their own cost (|art. 139.4 of the LGSS ).

This authorisation will be the responsibility of the managing company or mutual insurance company, where appropriate, which would have been responsible for the permanent disability protection. The request for the substitution can be prepared at any time by the severely disabled person or their legal representatives, who will be able to decide with a binding effect for the managing company or mutual insurance company authorising the substitution, that the request is void.

If the hospitalisation refers to welfare institutions and is passed to an Autonomous Community for management, the substitution will not take place. Article 69 of Law 21/2001 revises article 86 LGSS and authorises a separation of the financing of public welfare institutions with this responsibility passed to the Autonomous Communities, with the possibility of substitution therefore being devoid of any content.

Both pensions are compatible with carrying out such activities, whether profit-making or not or compatible with the disability condition, so long as they do not represent a change in the pensioner's ability to work which may give rise to a partial review by the management body. If the activities carried out exceed the established conditions, they will be incompatible and the pension may be suspended.

If work able to be included in any Social Security Scheme is carried out, then the worker must be affiliated and pay contributions, as well as communicate the beginning of any job performed for someone else or on a self-employed basis to the National Social Security Institute, unless it is the result of an occupational disease, in which case prior authorisation will be necessary.

Receiving a total permanent disability pension is incompatible with carrying out a job in the same occupational category or group, although it is compatible with any other type of job activity in the same company or another company.

However, receiving the 20% increase in the base pension of the total permanent disability is incompatible with working for someone else on a self-employed basis, or Social Security benefits that might result from such work, such as temporary disability or maternity benefit which continues after the working relationship or professional activity, or any unemployment benefit due from such work.

Any work carried out by the pensioner must be communicated to the National Social Security Institute, unless it results from an occupational disease, for which prior authorisation will be necessary.

If when they are disabled the person receiving a total permanent disability benefit loses or is suspended from a job compatible with their pensioner situation, they will be entitled to receive the unemployment benefit due to them, as well as the pension.

• It is incompatible with the retirement pension from the same scheme, and they will have to choose one of them.
  
  
• The permanent disability pension may be compatible with a retirement pension from another scheme, unless in order to prove the entitlement or complete it it is necessary to go to the scheme that recognizes the retirement (affiliation or assimilated situation, establishment of exclusion period, amount of base pension), in which case it will be necessary to choose one of them.
  
  However, if the contributions of the scheme for which retirement has been recognized were only used to quantify the amount of the permanent disability, with it being possible to dispense with these contributions to generate the right, the recognition of two compatible pensions will be possible, calculating each of them with the contributions from each of the schemes. For this, it would be necessary to recalculate the disability pension without taking into consideration the contributions of the scheme that recognizes retirement. 
  
  
• A WRI disability pension awarded in accordance with the old Work-related Injuries Regulation of 22.06.56 would be compatible with any other pension.
  

• It is incompatible with the economic benefits established for permanent disability, unless the injuries, mutilations or deformities are wholly independent of those taken into consideration for declaring the permanent disability and its degree.
  
  
• It is compatible with the job in the same company.

Irrespective of the compatibility or incompatibility which, where appropriate, may result in an activity being carried out, only the professional activity needs to be communicated to the relevant management body.

However, pensioners with a permanent disability resulting from an occupational disease, will only be able to work for someone else if they have previously obtained authorisation from the INSS.

If the applicant lives outside Spain, it will be the Provincial Office of the INSS in the province where the originator establishes or alleges that the last contributions were made that will determine qualification and reviews.

Article 1 of Royal Decree 1300/95 establishes that the National Social Security Institute will be responsible for evaluating, classifying and reviewing, regardless of the Management Body (INSS or ISM ) or Collaborating Body covering the contingency in question.

It is the responsibility of the INSS to check the existence of these injuries and acknowledge the right to the relevant benefits.

The companies themselves are only authorised to begin the procedure if they collaborate in the management. In addition, they are only authorised to begin the review procedure but not the initial declaration procedure so long as they are responsible for the benefits.

The three ways for beginning this recognition are: official, at the request of the worker or their representative and the request of the collaborating bodies (Mutuals for Work-related Injury and Occupational Disease Insurance or collaborating company).

The official way includes, amongst other assumptions, the itemised requests of the Employment and Social Security Inspectorate whom the company may approach for this purpose.

Waivers filed by workers, are considered to be excluded from the Social Security scope of protection, since economic benefits from the system are understood to be non-waivable.

In accordance with |art.  4 of R.D.  1300/1995, of 21 July, the work-related disability procedure is carried out automatically in all of its stages until completion.

The disability can be reviewed at any time and so long as the disabled person has not reached the age established for receiving the retirement pension (currently 65).

As an exception to this principle, the management body can review the degree of permanent disability and, consequently, the economic benefit initially awarded if the disability results from an occupational disease, even if the individual in question is over 65 years old.

Yes, there can be widowhood, orphanage payments and in favour of family members as long as, in addition to the remaining requirements, the deceased accredits a minimum contribution period of 15 years.

Assistance in the case of death shall not be applicable because this requires that the deceased be registered or assimilated.

Bonus periods for arduous work or disability cannot be counted as qualifying periods.

Nor will the contributions made by the SEPE be taken into account during the receipt of the allowance for the over-52s, as they only pay contributions for retirement. It can include said contributions if the deceased originator, whilst in receipt of said benefit, had signed a Special Agreement to cover the rest of the benefits.

Shall only be effective if their inclusion is prior to the event or, if after, such payment is performed within the regulatory period for it or by virtue of postponement or fractioning provided previously.

In the employee schemes, accidents in route (those suffered when the worker was travelling to or from work) are considered work-related injuries.
 
However, in self-employment schemes (self-employed workers and self-employed sea workers ), accidents in route are excluded from the concept of work-related injuries. 

Suicide shall be classified as accident. In order to determine if its occupational or not, it shall be necessary to consider the applicable legal regime for both contingencies.

Deaths that have their cause on a specific ingestion of toxic substances in excess (overdose) or of deficient quality (adulteration or bad condition) shall be considered derived from non occupational accident. The connection between the death and ingestion of such substances shall be, in any case, sufficiently accredited with the certificate issued by the forensic doctor or facultative, if appropriate, involved in each case

In the cases in which the Mutual fund should deny the payments, based on the fact of not being an occupational accident, whenever the beneficiaries have presented a claim in request of declaring the existence of such contingency, it shall be possible to recognize the payments of death and survival requested to the INSS treating them as common contingencies, conditioning the resolution to the content of the court ruling.

Workers that have disappeared in an accident shall be considered dead, either occupational or not, under circumstances that makes their death presumable, and for which no news has been obtained during 90 days following the accident.

In these cases, the pensioner may be entitle to payments of death and survival, excluding the death subsidy, as long as requested within 180 calendar days after the date on which the aforementioned 90 day period expires, using the date of accident as the date of the event.

Should this period pass, it shall be necessary to previously declare the death in accordance with civil legislation, taking the date of the event as the one specified in said death statement.

If the deceased received permanent absolute disability or major disability derived from AT , it shall be considered that the death was due to this contingency.
 
If the party perceived total permanent disability  derived from AT, it shall be necessary to prove the death was due to such contingency. Evidence shall be accepted as long as more than 5 years have not passed since the date of the accident. If the death takes place during such period, it shall not be considered death as a result of AT, even if it is demonstrated it is the result thereof.

If the deceased received permanent absolute disability or major disability derived from EP , it shall be considered that the death was due to this contingency.

If the party perceived total permanent disability  derived from EP, it shall be necessary to prove the death was due to such contingency. Evidence shall be accepted regardless of the time passed to death.

When the last regime was self-employed and the fact that caused the payment occurred with said 90 days, it shall be considered the employee is in a situation similar to discharge even when it must resolve a different regime, because in accordance with the reciprocal calculation rules, the formal situation of discharge or assimilated is always referred to the last regime and is suitable by the regime that recognizes the right.

If, as long as it has been held two years before the death of the party, they have lived at his expenses and are not entitled to another Social Security pension or are any family members left with obligation and possibility of providing food as per civil law.

Yes. Should the beneficiary not have accrued any amount in the orphanage pension before reaching the age limit for becoming a perceiver, an annuity of the pension including extra payments shall be paid for having requested it after such age, as long as the person fulfils the conditions for being beneficiary on the date of the event.

Children or brothers/sisters greater than 22 years old, single, widow, legally separated or divorced shall be entitle to perceive family subsidy, even if not certifying the conditions for being pensions, fulfil the following requirements:

• To have lived with the originating contributor at his/her expense for 2 years prior to death or since the death of a family member that lived with him, if it occurred during this period.
  
  
• Not be eligible to a public pension.
  
  
• To lack means of subsistence, due to having an income equal to or below the minimum guaranteed wage and the obligation of providing family members with food.
  

Beneficiaries of orphanhood can be, children who, on the date of death of the father and/or mother, fulfil the necessary requirements and any of the following circumstances:

• Children under the age of 21
  
• Children who have a reduced capacity for work evaluated at a level of permanent, total disablement or severe disability.
  
• Children over 21 years of age and under 25, provided they do not carry out work for monetary gain or, when they do, the income they receive is less than the amount in force for the Minimum Professional Wage, also calculated on an annual basis (including extra payments).
  
• If the orphan is studying and reaches the age of 25  during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.

In accordance with the modifications made beginning on 1 January 2008, the surviving member of a de facto partnership may have the right to the widow/widower pension as long as the requirements established by Law are met.

The children of retirement or permanent disability pensioners, over the age of 45, who are single, widows/widowers, legally separated or divorced can be beneficiaries of a family members pension when, certifying having provided prolonged care to the deceased, they had lived with them and at their expense at least two years prior to the date of death.

The death of a contributory level retirement or permanent disability pensioner entitles to the right to perceive an amount as a death grant to that have paid the burial expenses.

Only the payments made based on working hours are considered (ordinary and supplementary), calculating their equivalence in theoretical payment days. Hence the number of hours actually worked shall be divided by 5. 
 
 Theoretical contribution days = Number of hours (ordinary and supplementary)/ 5

The period of 5 years during which to accredit the 500 days of contribution shall be increased in the same proportion as the day effectively worked is reduced with regards to a normal working day in the corresponding activity.

They shall be entitled to said percentage, as long as the following requirements are met simultaneously for the entire period in which the pension is collected: 

• The pensioner has dependent family members. That is:

• They live with children under the age of 26, or older with disabilities (of a degree of disability greater than 33%) or adopted minors.

• The annual earnings of the family unit, including those of the pensioner, divided by the number of family members, do not exceed 75% of the SMI  in force at any given time , not including the proportional part of the two extra payments. 

• The widowhood pension is the primary or sole source of income, with this requirement being considered met when the amount of the pension is greater than 50% of the pensioner's total earnings.

• The pensioner's annual income from all sources does not exceed the amount resulting from adding to the limit that, in each tax year is expected for the recognition of the minimum payments for contributory pensions that, in each tax year corresponds to the minimum widowhood pension with family dependents. 

The widowhood pension, which is calculated annually, plus the pensioner's annual earnings, cannot exceed the established income limit  If they do, the amount of the widow's/widower's pension will be reduced to avoid exceeding the limit.

The loss of any of the requirements will lead to the application of 52%, effective from the 1st day of the month following that in which this requirement is no longer met.

A single beneficiary:

• If legally separated or divorced: they are entitled to receive the full amount of the pension.

• If the person's marriage has been annulled: they will a pension proportional to the amount of time spent living with the deceased.

Several beneficiaries:

• If after divorce or annulment, there is more than one beneficiary with entitlement to a pension, this will be granted to each of them in proportion to the amount of time spent living with the deceased.

• In any event, 40% will be guaranteed to the surviving spouse (even if they are separated) or to the person, who lived with the originator at the time of death even if they are not the spouse, and they shall become the beneficiary of the widowhood pension. Divorced persons are excluded from this guarantee. 
  

Whenever partial retirement is shared with a replacement control, the contribution amounts corresponding to the period of time worked part-time shall be considered, increased up to 100% of the amount that corresponded had the party worked full time during such period.

Amounts shall not be increased in the event of periods were partial retirement was not simultaneous with part-time employment, increased up to 100% of the amount that would have corresponded, even when such situation is the result of company breach of maintaining a replacement.

Yes, both if upon the death of the originator there is no surviving spouse and if this originator dies while receiving the pension, 52% of the widowhood pension will be divided equally among the orphans with entitlement to a pension. No surviving spouse equates to:

• No registered parent.
• Legally declared child abandonment.

The increase is not applicable, when the surviving spouse is not entitled to widowhood pension or the benefit terminates due to the beneficiary remarrying, given that there is not a situation of absolute orphanhood.

The sum of the amounts of all widow/widower or orphan pensions for the same originator may not exceed 100% of the amount of the corresponding base pension.

The limitation to the base pension will affect orphan pensions with a causal event occurring after 1-1-2002.

The difference between 100% of the base pension and the widow/widower percentage will be distributed equally among all the orphans with a right to the orphan pension.

• The percentage applicable to each of the widowhood pensions will be multiplied by the duration of cohabitation period (52% or 70%  by the duration of the cohabitation period.
  
• The resulting percentages will be added together.
  
• The difference between the resulting percentages and 100% will be prorated among the orphans.

In the event of death of the holder of the widowhood pension, it shall be increased in equal parts between the orphans. Should therefore be any orphans but perceivers in favour of family members, their right shall be increased in equal parts in this order:

• Grandchildren and brothers of the deceased.
• Parents and children and brothers of the retirement pensioner or permanent disability.
  

The amount is obtained by applying 20% to the base pension (calculated in the same way as from the widow/widower pension). It is paid over 12 months and two extraordinary payments.

If, with a limit: there are several beneficiaries, the sum of amounts of death and survival payments shall not exceed 100% of the applicable regulatory base. This limitation is applied to the initial determination of the aforementioned amounts, but it does not affect the corresponding successive periodical revaluation.

orphanage pensions have preference over pensions in favour of other family members. However, this limitation shall not prevent the recognition of temporary subsidy in favour of family members, as this is not affected by such limit.

Yes, but the increase with the corresponding percentage corresponding to widowhood many only be applicable to pensions originated by one of the parties. The maximum pension, for each one of them (father/mother) is 100% of the regulatory base.

It is compatible with working for an orphan under 21 years of age or of legal age but have a reduced capacity for work evaluated at a level of permanent, total disablement or severe disability.
 
In the case of orphans over the age of 21 and under the age of 25 who are not disabled, the orphan's pension will be compatible with gainful employment or self-employment, provided that the income obtained does not exceed, on an annual basis, 100% of the MPW, also on an annual basis, including the two extra payments.
 
If the orphan has a disability of 33% or more, they can be a beneficiary until the age of 25, provided that they are not working or, if they are working, the annual income is less than the current MPW.

If during the calendar year there are alternating periods of work an inactivity, this right will remain as long as the established limit is not exceeded. 

It shall be possible to maintain the widowhood pension, even if the pension remarries, as long as the following requirements are certified:

• Being over 61 years of age or under and having been granted a pension for permanent absolute disability or severe disability or certified with a degree of disability greater than 65%.
  
  
• The widowhood pension  shall constitute the main or only source of income of the pensioner. It is understood that it constitutes the main source of income when the amount of the same represents at least 75% of the total income in an annual calculation.
  
  
• If the married couple have annual income, of any kind, including widowhood pension, that does not exceed twice the amount, calculated on an annual basis, of the SMI  in force at any given time.

• In the case of pension of grandchildren and brothers, for the same causes as orphanage.
  
  
• In the case of parents, children greater than 45 years of age:
  
  • On marriage.
    
  • Death
    
  • After checking that the missing worker did not die in an accident.