To answer this question, we are first going to explain what early retirement is.
Early retirement is the possibility of advancing ordinary retirement, this allows retirement up to 2 years before the ordinary retirement age and is available to any worker, complying with legal requirements. It should be noted that this will have a negative part, which is the reduction of the pension depending on different factors, normally the retirement age and the years of contributions.
General requirements for early retirement.
• Have contributed for a minimum of 30 years, of these years at least two years must have been contributed during the last 15 years before retiring, regardless of the type of contract.
• Be 2 years less than the corresponding ordinary retirement age in accordance with the provisions of the General Social Security Law.
• Being discharged or in a situation assimilated to discharge.
Keep in mind that discounts will not be applied for activities dangerous to health or for disability equal to or greater than 45% or 65%
Types of early retirement.
There are several types of early retirement, then we are going to explain in detail the characteristics of each type.
Voluntary early retirement.
It is the one that allows the retirement age to be voluntarily anticipated up to a maximum of 2 years with respect to the ordinary age without the need to prove that the person has been dismissed or a similar circumstance. It is required to have contributed for at least 35 years and that the resulting amount of the pension is not less than the minimum pension that would correspond to him if he would do so at ordinary age.
In the case of workers included in the Special System for Agricultural Employed Workers, in order to prove the minimum effective contribution period (35 years), it will be necessary that, in the last 10 years of contribution, at least 6 correspond to periods of effective activity in this special system.
The reduction coefficients on the retirement pension are more penalizing than in retirement due to involuntary termination.
Forced early retirement.
It is one that occurs for reasons beyond the control of the worker. In order for the worker to take advantage of this pension, they must have 33 years of contributions, have reached an age that is less than four years, at most, at the required age, be a job seeker for at least 6 months prior to the request and that the cessation of work has occurred as a result of the following causes: collective dismissal, objective dismissal, termination of contract by judicial resolution, force majeure, by the will of the worker for the reasons provided for in article 40.1, 41.3 and 50 of the ET and by the death, retirement or disability of the individual entrepreneur or the termination of the legal personality of the contracting party.
The result of the amount is calculated by applying to the regulatory base the general percentage that corresponds based on the months of contributions with a reduction, for each month or fraction of a month that the worker is missing at that time to reach the legal retirement age. , the reduction coefficients to be applied are based on the contribution period and the months in advance.
Early retirement due to illness.
This type of retirement is regulated by Royal Decree 1851/2009 and Royal Decree 15389/2003. Workers with a disability equal to or greater than 45% will be able to access it, provided that they have contributed for at least 15 years with that disability and are at least 56 years old. On the other hand, for those who prove a disability equal to or greater than 65%, the minimum age will be 52 years.
Only some diseases are considered to cause a decrease in life expectancy, below, we will tell you the diseases that allow the reduction of the retirement age:
• Intellectual disability.
• Cerebral palsy.
• Genetic abnormalities.
• Autism spectrum disorders.
• Congenital anomalies secondary to thalidomide.
• Sequelae of polio or post-polio syndrome.
• Acquired brain damage.
• Mental illness.
• Neurological disease.
Once the requirements and types of early retirement have been explained, we come to the question: How to apply for early retirement?
The National Institute of Social Security (INSS) is the public body in charge of processing this service. To send the application you have two ways: in person at the INSS offices in your province, taking all the corresponding documentation or electronically using your digital certificate (always requesting an appointment).
Once submitted, Social Security must respond, within a maximum period of 90 days, whether it is granted or not.
Now that you know how to request early retirement, do not hesitate to contact Audacia Abogados to make an appointment with Social Security, in case you need it.