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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:
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:
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 rule: the retirement pension is compatible with the undertaking of:
In any case, the pensioner should let the management entity know that they are going to start work.
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: