SOCIAL SECURITY

At Jurand Abogados we have, within the Labor Law department, a complete range of services related to Social Security law.

Due to the intimate relationship they have, and in order to offer a total service together, we also advise and solve all the questions that our clients ask us within the field of Social Security.

Types of pensions and pensions

In Spain we can distinguish between the following types of pensions and retirement pensions:

Contributory pensions

These are usually temporary and indefinite and end with the death of the person receiving them. Contributory pensions include the following:

Ordinary retirement.
Early pension for being a member of a mutual society.
Pension for toxic or unhealthy activities.
Partial or special pensions, major disability, contributory death pension.
Contributory pension for total, absolute or permanent disability.
Widow’s or widower’s pension or in favour of other family members.

Non-contributory pensions

This other type of pension is given to people who do not have sufficient resources or have never contributed. It is also granted when the minimum contribution threshold has not been reached.

The two types of non-contributory pensions are:

Non-contributory retirement pensions.
Non-contributory disability pensions.

Requirements for applying for a retirement pension

To apply for a retirement pension in Spain, the following requirements must be met:

Be affiliated to the Social Security system.

You must have reached the ordinary retirement age of 65 years and 10 months by 2020 or have at least 37 years of contributions at the age of 65.

When these requirements are met, the following documentation must be submitted:

National Identity Card,
If you are a foreigner, a valid identity card or passport and the Foreigner’s Identification Number (this is required by the State Tax Administration Agency).
Certificate of payment of contributions for the last 3 months.

In the event that the application is made by a legal representative, he/she must present the documentation that accredits this.

Do you need to ask us a question?

Where do I apply for a retirement pension?

The application for retirement pension can be made:

Through the Your Social Security (TuSS) portal if you have an electronic DNI.
By appointment at any Attention and Information Center of the National Institute of Social Security (INSS) of Spain.
Remotely, through certified postal mail.

When the application is submitted, it is necessary to submit the pension application form and the respective documents. All of this must be done three months after or before the last day worked.

The maximum term to obtain a response to the retirement request is 90 days, counted from the date of the request.

Our Lawyers Specialists in Social Security and Pensions will inform you of this entire process, of the requirements and terms of pensions.

How much is the Spanish pension?

Spanish pensions are financed by contributions made by workers, which represent about 4.7% of the amount of the salary.

Employers contribute around 23.6% of a worker’s salary.

In Spain, the amount of the pension can be up to 81% of the worker’s income. The amount of the pension is calculated according to the amount earned, the number of years worked and contributed in the country.

If you have worked a minimum of 15 years, which is required for a Spanish pension, you are entitled to at least a maximum payment of 50%. If you have worked 35 years, you are entitled to 100%.

To calculate the retirement pension, the contributions of the last 276 months are taken as a basis and divided by 322. From 2022 the quotient will be 300 by 350.

Method of payment

The means of payment must be notified at the time of application for the retirement pension.

Through a financial institution, the restricted passbook or current account, with individual ownership, is used. If the passbook or current account is an ordinary one, the ownership may be joint or individual. However, the pensioner or his/her legal representative must be present.

Through social security graduates or through the administrators of the Social Security pensioners’ residences. The financial institution must be designated to receive the corresponding funds.

If you have any further doubts or questions, please contact us via our web form or telephone numbers. Our team of lawyers specialising in Social Security and Pensions is at your disposal.

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