Special agreement for recipients of the unemployment subsidy for people over 52 years of age
Applicable Regulations
- Article 24 of Order TAS/2865/2003, of 13 October, which regulates the special agreement in the Social Security System.
- In all matters not established in the aforementioned article, the provisions of Chapter I of Order TAS/2865/2003 of 13 October on the regulation of the ordinary special agreement, shall apply.
Documentation required for the application
- When they are made through the "Registration in special agreement" service available at the Social Security e-Office, the applications must be accompanied by the documentation described in the "Attached documentation" section of the aforementioned service.
- When formulated through the submission of Form TA.0040 - Application for registration/ change of data/deregistration/suspension/resumption of the special agreement, the applications must be accompanied by the documentation described in the instructions of the aforementioned form.
Expiry
The special agreement will expire due to any of the following reasons:
- For the same reasons as the ordinary special agreement.
- For the termination of entitlement to unemployment benefit for the over-52s.
Suspension
The special agreement shall be suspended for the ending of unemployment benefit for the over-52s, without prejudice to the fact that, during this period, the subscriber may apply to subscribe to the ordinary special agreement.
Once the suspension of unemployment benefit has ended, the subscriber, if they so wish, may resume the suspended special agreement by notifying the Social Security General Treasury by any of the means established in the section "Registration, deregistration or change of special agreement data" in the section "Special Agreement Procedures and Formalities".
Contribution
During the term of this special agreement, both the State Public Employment Service (SEPE) and the subscriber of the agreement pay contributions.
- Contributions to be paid by the SEPE: Contributions for the contingency of retirement will be paid on a basis equivalent to 125% of the minimum ceiling of the Social Security General Scheme when the unemployment benefit is full-time.
- Contribution to be paid by the subscriber:
- Contribution for the contingencies of permanent disability and death and survival arising from common diseases and non-work-related injury: the contribution basis chosen by the subscriber from among those established in the ordinary special agreement will be taken and the current contribution rate (28.30%) and the reduction coefficient (0.14) will be applied.
- Contribution for the contingency of retirement: the difference between the basis chosen by the subscriber and the contribution basis for which the SEPE pays contributions is calculated by applying the current contribution rate (28.30%) and the reduction coefficient (0.80). In addition, in this case, the additional contribution for the Intergenerational Equity Mechanism will be calculated by applying the rate in force each year to the retirement contingency basis.
Payment deadline
The deadline for making the payment is the calendar month following the month to which it refers.
Method of payment
The method of payment for this special agreement is by direct debit.
Increase in the Contribution Basis after the special agreement has been concluded
The increase in the contribution basis after the signing of this agreement is that established in general for the ordinary special agreement.
Effects
- If the application for registration is submitted within 90 calendar days of entitlement to the over-52 benefit, the subscriber may opt for the agreement to take effect:
- From the day of submission of the application.
- From the day on which entitlement to benefit arises. If no choice is made, the latter shall be the effective date.
- If the application is submitted outside the 90 calendar days following entitlement to the benefit, the starting date of the agreement shall be the day on which the application is submitted.
Protective action
Contributions under this special agreement are intended to cover the same benefits as under the ordinary special agreement.
Resolution
The deadline for deciding on the application to sign this special agreement is that established in general for applications to sign up to this ordinary special agreement.
In the event that entitlement to the benefit is denied, the subscriber may apply for the ordinary special agreement within ninety days of the date on which the administrative decision or court ruling has become final. If it is requested after this deadline, the new agreement shall take effect from the date of the request.
How and when to apply
The application for this special agreement can be submitted within 1 year from the date of recognition of entitlement to unemployment benefit. This date should be understood as the date on which the SEPE issues a decision recognising entitlement to the benefit, which may be later than the date on which entitlement arose if it is recognised with retroactive effect.
The application for subscription can be submitted by any of the means indicated in the section "Registration, deregistration or change of data of the special agreement" in the section "Special Agreement Procedures and Formalities".
Who can receive it?
This special agreement can be signed by people who meet the requirements for signing the ordinary special agreement, as well as being in receipt of unemployment benefit for the over 52s.