Final provision 12 of Law 27/2011, of 1 August, on updating, amending and modernising the Social Security system, as amended by Royal Decree-Law 5/2013, of 15 March, on measures to promote the continuation in employment of retirement age workers and promote active ageing, provides for the continued application of the retirement pension regulation, in its different forms, access requirements and conditions and benefit determination regulations; said regulations were in effect prior to the entry into force of Law 27/2011, for people whose working relationship had been suspended or terminated as a result of decisions taken as part of collective redundancy schemes, or by means of any form of collective agreement and company-specific collective agreements in addition to decisions adopted as part of insolvency proceedings approved, undersigned or declared prior to 01/04/2013, provided that the working relationship ends or is suspended prior to 01/01/2019.

Likewise, and to the same effect, the retirement pension regulation in effect prior to 01/01/2013 will apply to anybody receiving a partial retirement pension prior to 01/04/2013, in addition to those included in partial pension plans prior to said date as part of any form of collective agreement or company-specific collective agreement, regardless of whether the partial retirement pension is received before or after 01/04/2013.

In its interpretation of the benefit provisions set out by Law 27/2011, |R.D. 1716/2012, of 28 December, establishes that by means of the Resolution issued by the Directorate-General of the National Social Security Institute (INSS) and the Directorate of the Social Marine Institute (ISM) a list will be drawn up of companies affected by redundancy schemes, any form of collective agreement or company-specific collective agreement, or decisions adopted as part of redundancy procedures, to which the provisions of final disposition 12 of Law 27/2011, of 1 August, apply.

The initial provisions to this end set out in R.D. 1716/2012, were amended by Royal Decree-Law 5/2013, of 15 March, on measures to promote the continuation in employment of retirement age workers and promote active ageing, extending the possible application of legislation prior to 01/01/2013 to instruments approved, undersigned or adopted prior to 01/04/2013, increasing the deadline for their submission to 15/04/2013 and introducing the mandatory communication of company specific collective agreements prior to 15/04/2013, as an essential condition for recognising retirement pensions pursuant to the retirement pension regulation in force on 31/12/2012.