Workers who have a disability equal to or greater than 45% and have contributed for five years may opt for early retirement as of June 1, 2023.
The Council of Ministers this week approved a royal decree that improves access to early retirement for people with a disability greater than 45%. For this group, the years of contribution required are reduced from 15 to 5 from the diagnosis of disability.
Another novelty is that people who have more than one disabling pathology may opt for early retirement if the sum of their ailments exceeds 45% disability.
The Executive estimates that, with this measure, the number of beneficiaries will double.
Who are the beneficiaries of the measure?
Employees and self-employed workers included in any of the regimes that make up the Social Security system that accredit:
Being registered or in a situation similar to that of registration
That throughout their working life they have worked an effective time equivalent to, at least, the minimum contribution period required to be able to access the retirement pension while affected by any of the pathologies that cause disability and, within that period, for at least five years, with a degree of disability equal to or greater than 45%.
How do I certify my disability?
Through a medical report that indicates the date on which the pathology began or manifested itself, whether this is the date of birth or a later one.
The accreditation that the disability has been equal to or greater than 45% for at least five years must be made by means of a certificate from the Institute for the Elderly and Social Services or from the corresponding body of each autonomous community. You must indicate the date on which the disability began or manifested itself.
How is the degree of disability of 45% valued?
Through certificates that certify these conditions:
That from the sum of the percentages of disability achieved in the different ailments that appear in the certificate, as well as the percentage corresponding to the “complementary scales”, if applicable, results in a percentage of total disability equal to or greater than 45%.
That at least one of the ailments reflected in the certificate of disability appears in the list of pathologies and accounts for at least 33% of the total degree of accredited disability.
List of pathologies generating disability
- Intellectual disability
- Cerebral palsy.
- Genetic abnormalities:
- Down syndrome
- Prader Willi Syndrome
- Fragile X syndrome
- Imperfect osteogenesis
- Acondroplasia
- Cystic fibrosis
- Wilson’s disease
- Autism spectrum disorders
- Congenital anomalies secondary to Thalidomide
- Polio sequelae or post-polio syndrome
- Brain damage (acquired):
- Head injury
- Sequelae of CNS tumours, infections or poisoning
- Mental illness:
- Schizophrenia
- Bipolar disorder
- Neurological disease:
- Amyotrophic Lateral Sclerosis
- Multiple sclerosis
- Leukodystrophies
- Tourette syndrome
- Traumatic spinal cord injury
Can the list of pathologies that determine the reduction of the retirement age be updated?
Yes. A new, more agile and simple procedure is launched to update the list of pathologies, so that it can be modified periodically by Ministerial Order of the Ministry of Inclusion, Social Security and Migrations. The order will be submitted to prior consultation of the National Council on Disability before December 1, 2023.
What is the minimum retirement age for people with a 45% disability?
The minimum retirement age of the people affected, to a degree equal to or greater than 45%, by a disability of those listed in the list will be, exceptionally, 56 years. If the worker has a disability equal to or greater than 65%, they could retire from the age of 52.
Can I retire early with a 33% disability?
No. Workers who prove a degree of disability below 45% will access retirement at the ordinary age set for each case.
When does the measure come into force?
On June 1, 2023.
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