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Partial retirement. Manufacturing industry. Application of the regulations prior to Law 27/2011 of 1 August for events occurring between 8/12/2018 and 31/12/2023

Royal Decree Law 20/2022, of 27 December, modified section 6 of the fourth transitional provision of the revised text of the General Law on Social Security approved by Royal Legislative Decree 8/2015, of 30 October, extending the effects provided for therein, such that the regulation for partial retirement with simultaneous celebration of a relief contract, in force prior to the entry into force of Law 27/2011, of 1 August, will continue to apply to pensions accrued before 1 January 2024, as long as the following requirements are met:

  • The worker requesting access to partial retirement directly performs duties requiring physical effort or a high degree of attention in manufacturing, processing or transformation tasks, as well as in the specialised assembly, commissioning, maintenance and repair of machinery and industrial equipment in companies classified as in the manufacturing industry.

  • The worker requesting access to partial retirement must have been with the company for at least six years immediately prior to the date of partial retirement. For this purpose, the seniority accredited in the previous company will be taken into account if there has been a company succession in the terms provided for in article 44 of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of 23 October, or in companies belonging to the same group.

  • At the time of the event giving rise to the partial retirement, the percentage of workers in the company whose employment contract is for an indefinite period exceeds 70% of the total workforce.

  • The reduction in the working hours of the partial retiree must be between a minimum of 25% and a maximum of 67%, or 80% in cases where the relief worker is hired on a full-time basis under a contract of indefinite duration. These percentages shall be understood as referring to the working day of a comparable full-time worker.

  • The replacement and partial pensioner contribution bases must correspond so that the base corresponding to the replacement worker may not be less than 65% of the average of the contribution bases which correspond to the last 6 months of the partial retirement pension base rate period.

  • A contribution period of thirty-three years must be accredited on the date of the causal event giving rise to the partial retirement, without the proportional part corresponding to special payments being taken into account for this purpose. For this exclusive purpose, only the period of compulsory military service or the replacement social service will be counted, with a maximum limit of one year.

In the case of persons with a degree of disability equal to or greater than 33 per cent, the required contribution period shall be twenty-five years. 

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