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Pensioners and Spanish Pensions

Subject: Beneficiaries/ Requirements

  • Beneficiaries/ Requirements

    • What is the required retirement age?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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.

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    • If contributions have been made in various schemes, which scheme will award the retirement pension?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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).

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    • Can self-employed workers retire before the regulatory retirement age?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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.

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    • What is the disabled person's age bonus?
      Category: Retirement > Subject: Beneficiaries/ 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.
       

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    • To which workers does partial retirement apply?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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.

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    • Can a person who is registered as a jobseeker retire without having 2 years of contributions within the last 15?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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).

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    • Can a worker that has voluntarily left their job retire early?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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.

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    • Is it possible to retire before reaching the official age for retirement without the reduction coefficient being applied?
      Category: Retirement > Subject: Beneficiaries/ 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.

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    • If the worker requests partial retirement, do they have to work until the statutory retirement age to be entitled to receive the normal pension?
      Category: Retirement > Subject: Beneficiaries/ Requirements

      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.

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    • Can a person who has already reached ordinary retirement age apply for partial retirement?
      Category: Retirement > Subject: Beneficiaries/ Requirements

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

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    • Is compensation for non-disabling permanent injuries awarded in any Social Security scheme?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements


      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.

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    • What is understood by normal profession?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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.

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    • What is the contribution period required for granting a permanent disability resulting from an injury or occupational disease?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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).

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    • Can permanent disability be declared even in the event of not having a right to it?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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.

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    • When calculating the minimum contribution period required for recognizing the disability, what happens if the worker is not yet at the end of the maximum temporary disability period?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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.

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    • How is the specific contribution period calculated when the pension is granted from an affiliated situation or an assimilated contributor situation without having to pay contributions?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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.

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    • Is the worker eligible for a permanent disability pension when they have reached retirement age?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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%).
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    • Do contributions made after an application for permanent disability has been denied because the person had not made enough contributions count toward a disability pension?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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.

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    • What are the specific requirements for being entitled to qualified total permanent disability?
      Category: Permanent disability > Subject: Beneficiaries/ Requirements

      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.

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