Workers who meet the following requirements may access this form of early retirement:
- They are no more than four years younger than the age required in the case in hand, without these conditions resulting in the application of age reductions that workers in certain occupational sectors may enjoy as a result of performing particularly distressing, toxic, dangerous or unhealthy work, or as regards persons with a degree of disability between 45% and 65%.
- They have active contributor status or assimilated situation:
- They are registered at job centres as job seekers for a period of at least six months immediately prior to the date on which the retirement request is made.
- They are able to demonstrate that they have made contributions for at least:
- 33 years, without taking into account, for these purposes, the proportional amount of the extra payments or the payment of years and days of contributions for contributions prior to 1/1/67. For this exclusive purpose, only the period of compulsory military service or the replacement social service or the compulsory social service for women will be counted, with a maximum limit of one year.
- At least two years of the contribution period must have been within the 15 years immediately prior to earning the entitlement or at the moment when the contribution obligation terminated, if the early retirement pension is applied while affiliated or assimilated to inscription without the requirement to pay contributions.
- In the case of workers included in the special System for employed agricultural workers, for the purposes of accrediting the minimum period of effective contributions (33 years) at least 6 of the last 10 years of contributions must correspond to periods of effective work in this special system. To this end, periods during which contributory unemployment benefits were received under this special system will also be counted.
- In the case of part-time workers, in order to accredit the minimum contribution period of 33 years, the rules established in article 247 of the revised text of the General Law on Social Security, approved by Royal Legislative Decree 8/2015, of 30 October, shall be applied.
The employment termination is due to one of the following causes:
- Collective redundancies on economic, technical, organisational or production grounds according to article 51 of the Workers’ Statute (ET).
- Objective dismissal on objective grounds, according to Article 52 of the ET.
- The termination of the contract by judicial decision, in the cases contemplated in the revised text of the Act on Insolvency approved by Royal Legislative Decree 1/2020, of 5 May.
- The death, retirement or disability of the individual employer, notwithstanding the provisions of article 44 of the ET, or the termination of the legal personality of the contractor.
- Termination of the employment contract due to force majeure justified by the working authority according to the provisions of article 51.7 of the ET.
- Termination of the contract at the employee's will for the causes set out in Articles 40.1 (geographical mobility), 41.3 (substantial modification of working conditions) and 50 (breaches by the employer) of the ET.
- The termination of the contract at the employee's will due to them being a victim of gender-based violence, as provided for in Article 49.1.m) of the ET.
In the instances set out under letters a, b and f, the worker must also accredit, that he/she has received the corresponding compensation as a result of the termination of the employment contract or that he/she has lodged a lawsuit claiming said compensation or challenging the termination decision.
Receipt of compensation will be accredited by means of an incoming bank transfer document or equivalent supporting document.