Jubilación o retiro forzoso por edad

The mandatory retirement of civil servants takes effect automatically upon reaching the age of 65, subject to the following exceptions:

• University academic staff: at the age of 70, with the option to retire at the end of the academic year in which they reach that age.
• Magistrates, judges, prosecutors and court clerks are compulsorily retired at the age of 70.
• Land registrars appointed before 1-1-2015: at the age of 70.

Civil servants of the General State Administration and of public-law bodies linked to or dependent on it may choose to extend their active service until they reach the age of seventy at the latest, in accordance with the following procedure:

• The process is initiated at the request of the person concerned by means of a written application addressed to the pensions authority, a copy of which must be sent to the head of personnel at the Centre where they are posted, and which must be submitted at least two months before they reach the mandatory retirement age. Such a request will automatically result in the mandatory retirement procedure not being initiated, or in its suspension if it has already been initiated.
• The competent authority shall issue a reasoned decision within one month of the date of the application; such a decision may only be refused if the applicant does not meet the age requirement or if the application was submitted after the two-month deadline specified above.
• In any event, if no express decision has been issued within 15 days of the date on which the applicant reaches the mandatory retirement age, the applicant’s request shall be deemed to have been granted (administrative silence deemed to be a positive decision).

An official may bring an end to the extension of their active service by notifying the relevant body of the date they have set for their mandatory retirement on grounds of age, at least three months in advance of that date.

The extension of active service shall not apply to civil servants in those bodies and grades for which specific retirement rules apply.