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Legal, Labor, 18/12/18

Retirement for people with recognized disabilities (part II).


If you have a recognized disability with a degree equal to or greater than 45%, you may be interested to know that you could retire earlier than expected.

Workers covered by any of the schemes that make up the Social Security System, who can prove they are registered or in a situation equivalent to registration on the date of the event giving rise to the benefit, and who throughout their working life have worked an effective period equivalent to at least 15 years, in order to be eligible for a retirement pension, affected by any of the disabilities in which there is evidence that generally and appreciably determines a reduction in life expectancy and that may lead to early retirement, are those listed in Article 2 of Royal Decree 1851/2009, of December 4, which develops Article 206 of the Consolidated Text of the General Social Security Law regarding early retirement for workers with disabilities of 45% or more.

Since January 1, 2012, the minimum and exceptional age for this type of retirement pension is 56 years old.

Workers who meet the conditions required to benefit from the provisions of Royal Decree 1851/2009, of December 4, which develops Article 206 of the Consolidated Text of the LGSS regarding the early retirement of workers with a disability of 45% or more, and Royal Decree 1539/2003, of December 5, which establishes reduction coefficients for the retirement age in favor of workers who prove a significant degree of disability, may choose to apply the one that is most favorable to them.

It is also important to mention that the period by which the worker's retirement age is reduced will be counted as a contribution period for the sole purpose of determining the percentage for calculating the retirement pension amount. However, you should be aware that to access this contributory retirement option, you must meet the requirements for standard retirement (contributions and qualifying event).

If you have a recognized disability rating of 45% or higher, have contributed for at least 15 years, and can prove that your life expectancy may be reduced by your disability, you may be eligible to retire voluntarily before the standard retirement age. Therefore, our specialized labor law is available to provide you with further information or to assess your case individually.

If you require our assistance to obtain more information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.

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