Cookies Notice

This website uses cookies to help you have a better user experience. Cookies are not used to collect personal information. For more information, please see our cookies policy.

Rate this page
Rate this content

General Regulation

Who can receive it?

  • Workers work terminate their affiliation with their current SS Scheme and are not included in any other scheme.
  • Workers employed by another person and Self-Employed Workers included in the Social Security Scheme, provided that they are still registered, are 65 years of age or older and can prove the years of effective contribution required to be exempt from paying Social Security contributions.
  • Workers or persons treated as such in a situation of pluri-employment or pluri-activity who stop one of the activities as a worker employed by another person or self-employed worker.
  • Workers or persons treated as such who end their activity as a worker employed by another person or self-employed worker and have contracts with remuneration that gives rise to a Contribution Basis below the average of the twelve months immediately prior to ending the activity.
  • Pensioners receiving Total Permanent Disability pension for their usual occupation, who have carried out work after the effective date of the corresponding pension, were included in a Social Security Scheme and find themselves in one of the aforementioned situations.
  • Workers who are receiving unemployment benefit and stop receiving this.
  • Pensioners who have been declared fit for work or have Partial Permanent Disability.
  • Pensioners receiving a pension due to Permanent Disability or Retirement, whose pension has been cancelled by virtue of a final judgement.
  • Workers whose affiliation has been terminated by them making a pension application and this application has been rejected.

How and when to apply

The application for the Special Agreement shall be made through the means provided in the section: “Trámites y Gestiones de Convenios Especiales”.

The deadline for submitting the application shall be 1 year, which shall be calculated as follows:

Reason for cause Calculation of the application deadline
Workers or persons treated as such who leave the Scheme for which they were registered.
From the day following the date of effect of the termination of membership to the Social Security scheme for which the interested party was registered
Pensioners receiving a Total Permanent Disability pension for their usual profession who, after the date on which the pension becomes effective, have carried out work that led to their inclusion in a Social Security System Scheme. From the day following the date of effect of the termination of membership to the Social Security scheme for which the interested party was registered
Workers employed by another Person with flexible retirement, with a permanent contract, registered and exempt from the obligation to pay contributions because they are 65 years of age or older and can prove the years of effective contribution required to be exempt from paying Social Security contributions. From the date on which the obligation to contribute ceases.
Workers or persons treated as such who cease their activity and are hired by the same or another employer with remuneration giving rise to a Contribution Basis lower than the average for the 12 months immediately prior to such cessation. From the date on which the new contract is concluded with the same or a different employer.
Workers who are receiving Unemployment financial benefits and whose entitlement to these benefits is terminated. From the day following the day on which entitlement to unemployment benefit ceases or on which unemployment benefit ceases to be paid.
Pensioners receiving a Permanent Disability pension who are declared fully fit for work as a result of a review for improvement. From the date on which the corresponding administrative or judicial decision becomes final.
Pensioners receiving a Permanent Disability pension or retirement, whose pension has been cancelled by virtue of a final judgement.
From the date on which the corresponding administrative or judicial decision becomes final.
Workers or persons treated as such who leave the Scheme, because they have applied for a pension and are subsequently refused by a final administrative or judicial decision. From the date on which the corresponding administrative or judicial decision becomes final. If a person has left a Social Security scheme because of an application for a retirement pension, the application must have been made within the year following the year in which the termination took effect.

Requirements

In order to sign this agreement, the following requirements must be met:

  1. Requesting the signing of the agreement within the period established in the section “Application form and deadline” and by any of the means established in the section “Trámites y Gestiones de Convenios Especiales”.
  2. Have coverage, on the application date, a Minimum Contribution Period of 1,080 days in the 12 years immediately prior to cessation of the Social Security Scheme in question. For the purposes of meeting this requirement:

The following contributions are taken into account:

    • Contributions to any scheme, including payment days for special payments.
    • Contributions to another special agreement.
    • Effective contribution periods for leaves of absence.
    • Contribution days for unemployment benefit and subsidy for the over 52s.
    • Contributions in another European Economic Area state or Bilateral Agreement that do not overlap and are prior.

The following will not be taken into account:

    • The days on which, while the applicant worker is obliged to comply with the obligation to pay contributions, he/she is not up to date with the payment of contributions prior to the effective date of the agreement.

In the case of pensioners receiving Permanent Disability pensions or Retirement whose right to the pension has been cancelled or terminated for any reason, this Minimum Contribution Period must be covered at the time the obligation to pay contribution terminated.

The Minimum Contribution Period will not be required in special agreements where the regulations so establish.

Effects

As regards the date on which the special agreement takes effect, a distinction must be made between two deadlines, depending on when the application is made:

  • If it is submitted within ninety calendar days from the date of cessation of the activity or the situation determining the conclusion of the special agreement, the interested party may opt for the agreement to take effect:
    • From the presentation date for the application.
    • From the day following the day on which the effects of leaving the corresponding Scheme, cessation of activity, the situation determining the lower contribution, or the termination or refusal of benefits have taken effect. If no choice is made, the latter shall be the effective date.
  • If it is submitted after the 90-day deadline, it shall take effect from the day on which the application is submitted.

Suspension

The special agreement reached with the Social Security shall be suspended, with respect to the obligation to make contributions and the corresponding protection, during the periods of activity of the worker or person treated as such who has subscribed to it when they determine their inclusion under the scope of any of the Social Security schemes, whether in a continuous or intermittent employment situation, whenever the Contribution Basis for the scheme is less than the Contribution Basis applied in the special agreement, except when the special agreement subscriber expresses his/her will to suspend the agreement or for the agreement to remain in effect.

The execution of activities that lead to suspension must be notified, by the agreement subscriber, within 10 natural days following the resumption of activities, with the suspension of the special agreement taking effect from the day prior to returning to work. If the notification is made following this period, the suspension will only take effect from the date of notification.

Upon completion of the cause of suspension of the special agreement, the agreement that had been subscribed may be resumed from the day following the day on which the cause of suspension ceased, if the interested party notifies this situation to the Social Security General Treasury within the calendar month following the month in which the Employment Termination occurred.

Expiry

The special agreement will expire due to any of the following reasons: 

  • The person concerned is included in the Field of Application for the Social Security System by virtue of carrying out an activity and the new Contribution Basis is equal to or higher than the Contribution Basis for the special agreement.
  • Due to acquiring the status of retirement pensioner or Permanent Disability pensioner.
  • Due to failure to pay the instalments corresponding to 3 consecutive monthly payments or 5 alternative monthly payments, except in cases of force majeure.
  • Due to death of the interested party

Adaptation of existing agreements to the new order

The special agreements signed prior to the entry into force of Order TAS/2865/2003 of 13 October, which regulates the special agreement under the Social Security System, shall continue to be governed by the previous regulations applicable to them. However, subscribers will be able to opt to substitute these with an agreement regulated by this new order, provided that they meet the requirements established therein.

The new agreement will take effect on the first day of the month in which the subscription application was submitted.

Protective Action

The protective action provided by this special agreement will be that corresponding to:

  • Retirement
  • Permanent Disability, Death and Survival, due to Common Disease or Non-Work-Related Injury
  • Social Services

Resolution

Notification by the Treasury that the special agreement requested has been concluded must take place within three months of the date on which the application was entered in the register held by the Social Security General Treasury. The lack of an express decision within the period provided for in the previous paragraph shall have the effect of granting the respective application by administrative silence.

Documentation required for the application

Applications for registration (Form TA.0040) must be accompanied by the following documentation:

  • Original or copy of the applicant's Social Security identification document (National Identity Document -NIF- or foreigner's identity card -Foreign Resident Identification Number-).
  • In case of refusal or cancellation of the pension, original and photocopy of the final administrative decision or judgment cancelling the pension, or refusing the pension, respectively

With regard to the documentation required in the event of a change in data, applications must be accompanied by the documentation justifying the change in the special agreement in question.

Thus, for example, if a request is made for adjustment of the agreement base due to the compatibility of work activity, the subscriber must provide the payslip showing the Contribution Basis for the activity carried out.

With regard to the documentation to be provided in the event of terminating the special agreement, applications must be accompanied by the documentation justifying the termination, unless it is an application for voluntary termination.

Complementary Content
${loading}