The benefit is granted under the same terms and conditions as for the Social Security General Scheme, with the following particular conditions:
However, in certain special cases, those workers who have, over their working lives, contributed to Social Security Systems that acknowledge the right to early retirement may retire at below the ordinary age, provided that they meet certain requirements.
There is no gap integration. If, in the period taken into account for making the calculation, there were months during which there were no contribution obligations, said months will not be completed with the minimum bases in force for workers aged 18 or over.
Cases in which there is a reduction in the contribution bases:
The stipulations set forth in sections 2 and 3 of temporary provision no.5 of the General Law on Social Security is applicable to self-employed workers for whom a year has passed since their activity termination benefit regulated under Law 32/2010, passed on 5 August, expired, provided said termination took place after the worker reached 55 years of age, has been claimed based on the last activity performed prior to the event leading to the retirement pension.
In cases of payments being exonerated, the following rules will apply for the periods of activity when no contributions were paid, for the purposes of calculating the base pension:
- The contribution bases taken into account for determining the base rate will be equivalent to the result of increasing the average contribution bases of the previous calendar year to the start of the contribution exemption period, by the known average variation percentage in the CPI in the last specified year, without the bases calculated in this way being less than the minimum contribution basis fixed annually in the relevant General State Budget Act.
- To the effects of the calculation of this average the contribution bases will be taken corresponding to the self-employed activity for which the contribution is exonerated.
- If there were no contribution bases in any of the months of the calendar year previous to the start of the exoneration period, the average will be taken of the contribution bases that exist divided by the number of months to which they correspond.
- If there were no contribution bases in the previous year, the contribution bases of the first year in which they exist will be taken, calculating the aforementioned average in accordance with the rules mentioned in the sections above; this average will be increased by the average known variation percentage of the previous calendar year or years until the year corresponding to the period of exoneration from quotas is reached.
The year allowance scale, according to the age reached on 01/01/67 is not applicable for the purposes of calculating the number of years contributed.
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Exemption from contributions:
As from 01/01/2013, self-employed workers are exempt from paying contributions to the Social Security System provided they are in any of the following situations, except when due to temporary disability or for professional contingencies:
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65 years of age and 38 years and 6 months contributed.
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67 years of age and 37 years contributed.
The proportional parts of extra salary payments will not compute for these purposes. If, upon reaching the corresponding age the worker has not contributed the number of years required in each case, the exemption provided for in these cases will be applicable as of the date when the required number of years of contributed can be accredited in each case.
For the periods of activity for which the worker has not contributed, as per section 1, to determine the base pension of the benefits exempt from contribution, the contribution bases for the monthly payments of each financial year exempt from contribution will be equivalent to the result of increasing the average of the contribution bases for the immediately preceding calendar year by the average percentage variation in the consumer price index in the last year indicated; the bases calculated in this way cannot be lower than the minimum or single contribution bases set every year in the General State Budget Act for self-employed workers included in the Special Social Security Systems referred to in the previous section.
For workers for whom contribution exemptions were applied, provided for in additional provision no. 32 prior to 1 January 2013 and who are entitled to a retirement pension after said date, the period for which said exemptions have been applied will be considered as a period of paid contributions for the purposes of calculating the corresponding pension.
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Partial retirement: pending regulatory development.
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Special retirement at the age of 64 is not covered.
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Early retirement for non-members of Mutual Insurance Societies is not covered.
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Early retirement due to non-voluntary termination of employment is not covered.
- More information on this Scheme: