Retirement or disability pension due to permanent inability to serve

It shall be declared, either of the court’s own motion or at the request of a party, whenever the person concerned is affected by an “injury or pathological condition, whether somatic or psychological, which is stable and irreversible, or of remote or uncertain reversibility, and which renders them totally incapable of performing the duties inherent to their Body, Scale, post or career” (Article 28.2.c of the Consolidated Text of the Civil Service Pensions Act).

The retirement pension or early retirement pension for permanent incapacity or unfitness for service is calculated in the same way as the ordinary retirement pension based on age, with the exception that, where such a pension is granted whilst the civil servant is on active service or in an equivalent status, the following shall be considered as actual service, in addition to those accredited up to that point, the full years remaining until the civil servant reaches retirement age, these being deemed to have been served in the Body, Scale, post, position or category to which they are assigned at the time of retirement or early retirement.

However, with effect from 1 January 2009, where, at the time the qualifying event occurs, the person concerned has fewer than twenty years’ service and the disability does not render them unfit for any profession or trade, the amount of the ordinary retirement pension, calculated as set out in the previous paragraph, shall be reduced by 5% for each full year of service remaining until the 20-year mark is reached, up to a maximum of 25% for those who have completed 15 years or fewer of service. If, after the pension has been granted and before the person concerned reaches retirement age, their illness or injuries were to worsen to such an extent as to render them unfit to carry out any profession or trade, they may apply for an increase in the amount of the pension up to 100 per cent of the amount to which they would otherwise have been entitled.