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Right-Granting Event / Economic Conditions / Other Conditions

Right-Granting Event

The working day prior to the termination date, provided that on that date a part-time contract was arranged and the relief contract, if necessary.

Economic Conditions

  • The day following the right-granting event, as long as the corresponding part time contract and, if necessary, the relief contract  has come into force on that date, if the application is presented within 3 months prior or subsequent to the end of the work that was being carried out and it is the object of the corresponding reduction in the  working day. 
  • In those cases where an increase in the reduction of the working day is requested, the effects of the new pension amount will occur on the same date on which the new working day of the partially retired person begins or by the relief worker, if applicable.
  • If the application is presented after more than 3 months from the end of the work that was being carried out and it is the object of the corresponding reduction in the working day or from the date on which the new reduction of the working day were to come into effect, the effects will be backdated by a maximum of 3 months, commencing from the date when the application is presented. 

Other Conditions

 Topo  The partially-retired pensioner will be considered a pensioner with regard to recognition and collection of both medical and pharmaceutical health benefits, as well as social services benefits.

 Topo  If the worker dies or is declared permanently unfit under the absolute, serious or total disability classifications for the profession practised in the company on the part-time job during the partial retirement period, the following are taken into account to calculate the regulating base for benefits:

  • The contribution bases corresponding "to the part-time work period" in the company in which the worker reduced his or her working hours and salary, will be increased up to 100% of the amount that would have been received had the worker performed the same working hours during that period, prior to changing to the partial retirement situation, provided that this situation was simultaneous with a relief contract.
  • The above also applies to periods in which the partial retirement was simultaneous to unemployment benefit, compatible with partial retirement, or other benefits substituting the earnings corresponding to part-time work, during the periods in which the partial retirement was additionally simultaneous to the existence of a relief contract, except in the event that the termination was due to legitimate disciplinary dismissal, in which case the benefit of the increase to 100% of the corresponding contribution bases applies only to the period prior to the dismissal.
  • To determine the regulating base when the benefit of the increase to 100% of the contribution bases corresponding to part-time work is not applicable, due to not receiving the partial retirement benefit simultaneously with a relief contract, the interested party may opt between calculating the contribution bases actually paid during the partial retirement situation or that it is calculated on the date on which the partial retirement was granted or, when appropriate, on the date on which the benefit of the increase to 100% of the cited contribution bases was no longer applied, while applying the other rules in effect at the time of becoming eligible for the corresponding pension.

    When the regulating base is determined on a date prior to the right-granting event in accordance with the previous paragraph, the adjustments made from the date of the regulating base calculation to the date of the right-granting event are applied.

 Topo Partially retired workers may request the ordinary or early retirement pension in any of the legally established forms, in accordance with the regulations of the corresponding Social Security scheme.

  • To determine the percentage applicable to the regulating base, the contribution period in effect between the partial retirement and the ordinary or early retirement is taken as the full-time contribution period, whenever, during this period, the partial retirement was in conjunction with a relief contract.
  • To determine the regulating base of the ordinary or early retirement pension, the following is taken into account:
    • The contribution bases corresponding to the period of part-time work in the company in which the worker reduced his or her working day and salary, increased up to 100% of the amount that would have been received if, during that period, the worker performed the same work day as prior to changing to the partial retirement situation, whenever this situation was simultaneous to a relief contract.
    • The point above also applies to periods in which the partial retirement was simultaneous to unemployment benefit, compatible with partial retirement, or other benefits substituting the earnings corresponding to the part-time work, during the periods in which the partial retirement was also simultaneous to the existence of a relief contract, except in the event that the termination was due to legitimate disciplinary dismissal, in which case the benefit of the increase to 100% of the corresponding contribution bases covers only applies to the period prior to the dismissal.
    • To determine the regulating base when the benefit of the increase to 100% of the contribution bases corresponding to part-time work is not applicable, due to not receiving the partial retirement benefit simultaneously with a relief contract, the interested party may opt between calculating the contribution bases actually paid during the partial retirement situation or that it is calculated on the date on which the partial retirement was granted or, when appropriate, on the date on which the benefit of the increase to 100% of the cited contribution bases was no longer applied, while applying the other rules in effect at the time of becoming eligible for the corresponding pension.

      When the regulating base was determined to be a date prior to the right-granting event, the adjustments made from that date to the date of the right-granting event will be applied to the resulting pension amount.
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