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Labor, 31/05/19

Peculiarities of active retirement for the self-employed.


Compatibility between retirement pension and your job.

 

A few months ago, we discussed active retirement as a way to postpone retirement permanently while continuing to work, either as an employee or self-employed. We mentioned that this option was established by Royal Decree-Law 5/2013, of March 15, which outlines measures to promote the continued working life of older workers and encourage active aging. Now, returning to this type of retirement, this article will focus on self-employed workers who operate as sole proprietors and employ at least one worker.

 

Firstly, it should be mentioned that, in order to be entitled to active retirement, the requirements for ordinary retirement must be met, and retirements covered by retirement age bonuses that may be applicable to the interested party are not admissible.

 

In this case, the amount of the active retirement pension while working will be equivalent to 100% of the amount resulting from the initial calculation, at the time the pension is compatible with work, excluding, in all cases, the minimum supplement, regardless of the working hours or the activity carried out while receiving the pension. This applies as long as the activity is self-employed and the individual has at least one employee.

 

In other words, if we compare active retirement for working partners with that of salaried employees, we find a 50% difference in the pension amount. This significant difference aims to promote active aging in small businesses that, when the owner reached retirement age, would have to close. In this way, small businesses can continue operating and their employees can retain their jobs.

 

In conclusion, it should be noted that self-employed workers, such as notaries who operate independently, are part of a hierarchical corporate organization integrated within the State Administration. In other words, they are considered civil servants employed by a public administration, and their work is carried out within the public sector. Therefore, it is not possible to combine this activity with receiving an active retirement pension.

 

If you believe you meet the requirements and are interested in this type of retirement, please do not hesitate to contact our specialized Labor Law department for further information.

Do you have any questions about this topic?

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