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Compatibility of the contributory retirement pension with the work of primary care practitioners, family doctors and paediatricians assigned to the National Health System with statutory or civil servant appointment

As of 28 December 2022, and for a period of 3 years, the compatibility of the activity carried out by certain medical practitioners with the receipt of a percentage of the contributory retirement pension has been established in this way:

  • Primary care practitioners, family doctors and paediatricians assigned to the National Health System with statutory or civil servant appointments may continue to perform their duties during the extension of their active service and, at the same time, access retirement, receiving 75% of the amount of the retirement pension.
  • Also eligible for this compatibility are primary care practitioners assigned to the national health system with statutory or civil servant appointments who have received a contributory retirement pension and return to active service, provided that the causal event giving rise to this pension occurred on or after 1 January 2022 or that they had availed themselves at the time of the compatibility of the retirement pension with the appointment as statutory or civil servant staff of health professionals, made under Royal Decree-Law 8/2021, of 4 May.

In order to be eligible for this compatibility, the following conditions shall apply:

  1. Access to the pension must have taken place once the age applicable in each case has been reached, in accordance with the provisions of article 205.1.a) of the revised text of the General Social Security Act, approved by Royal Legislative Decree 8/2015, and for this purpose, retirement under the benefit of bonuses or advance notice of retirement age that may be applicable to the interested party shall not be admissible.

    The provisions of the preceding paragraph shall not apply to medical practitioners who have availed themselves of the compatibility of their retirement pension with their appointment as statutory personnel or civil servants of health professionals under Royal Decree-Law 8/2021 of 4 May.

  2. Compatibility shall apply in the case of full-time work as well as in the case of part-time work, provided that the reduction in working hours is in all cases 50% of the working hours of a comparable full-time worker.
  3. Allowances for pensions below the minimum pension for as long as he/she combines the pension with the activity of artistic creation, provided that he/she fulfils the conditions laid down for this purpose.
  4. Receipt of the supplement for late payment of the retirement pension is compatible with access to this compatibility, without the amount being reduced.
  5. Beneficiaries of a contributory social security retirement pension who, in addition to carrying out their duties as primary care medical practitioners, are engaged in any other employed or self-employed work which would bring them within the field of application of the General Scheme or any of the special social security schemes, are not eligible for this type of compatibility.
  • In these cases, the beneficiary will be considered a pensioner for all purposes.
  • The performance of work compatible with the retirement pension requires compliance with the obligations of affiliation, registration, cancellation and variation of data provided for in Article 16 of the revised text of the General Social Security Act and the obligation to pay contributions under the terms of Articles 18 and 19 of the same legal text, the provisions of Article 153 of the same legal text not being applicable.
  • During their compatible work, they shall be protected against all common and occupational contingencies, provided that they meet the necessary requirements to cause them, and the scheme limiting pensions, incompatibilities and the exercise of the right to option, provided for in the revised text of the General Law on Social Security, shall apply.

No minimum contribution period is required for entitlement to benefit for temporary disability due to a common disease. If, during the period of compatibility, temporary disability occurs, payment of the retirement pension shall be suspended on the first day of the month following the month of sick leave and shall resume on the first day of the month following the month of medical discharge. The above shall also apply in cases of relapse.

  • Once the compatible work has ended, the contributions made during this situation may give rise to a change in the percentage applicable to the base rate of the retirement pension, which shall remain unchanged.
  • Likewise, the aforementioned contributions shall have the effect of reducing or, where appropriate, eliminating the reduction coefficient applied, at the time of entitlement to the pension, to those medical practitioners who had availed themselves of the compatibility of their retirement pension with their appointment as statutory personnel or civil servants under Royal Decree-Law 8/2021 of 4 May.
  • These contributions shall have no effect in relation to the supplement provided for in Article 210.2 of the consolidated text of the General Law on Social Security and in the seventeenth additional provision of the consolidated text of the Law on State Pensioners.
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