RETIREMENT OR FORCED RETIREMENT BY AGE
The compulsory retirement or retirement of civil servants is declared ex officio upon reaching 65 years of age, with the following exceptions:
- Officials of the University Teaching Corps: at the age of 70, they may choose to retire at the end of the academic year in which they had reached that age.
- Magistrates, judges, prosecutors and lawyers of the Administration of Justice are forcibly retired at the age of 70.
- Property Registrars entered before 1-1-2015: at age 70.
Civil servants of the General Administration of the State and of entities governed by public law connected with or dependent on it may opt for the prolongation of their stay in active service until they reach the age of seventy years at most, in accordance with the following procedure:
- It is initiated at the request of the person concerned by a letter addressed to the retirement authority, which he/she will report to the Head of Staff of the Centre where he/she is posted, and which must be submitted at least two months in advance of the attainment of the age of compulsory retirement. Such a request will automatically lead to the non-initiation of the forced retirement procedure, or the suspension of the procedure if it has already been initiated.
- The competent body shall issue a reasoned decision within one month of the date of the application, which may be negative only if the person concerned does not comply with the age requirement or if he or she has submitted the application outside the two-month period indicated above.
- In any event, if no express decision has been given before 15 days from the date of the age of compulsory retirement, the application of the person concerned shall be deemed to have been granted (administrative silence in favour).
The staff member may terminate the extension of his or her active service by notifying the competent body of the date set by him or her for compulsory retirement by age, at least three months before that date.
The extension of active service shall not apply to officials of bodies and scales with specific pension rules.
RETIREMENT OR RETIREMENT DUE TO PERMANENT INCAPACITY/FUTILITY FOR SERVICE
It is declared, ex officio or at the request of a party, that the person concerned is affected by an "injury or pathological, somatic or psychological process that is stabilized and irreversible or remote or uncertain reversibility, which makes it totally impossible for him to perform the functions proper to his body, scale, place or career" (article 28.2.c) of the Consolidated Text of the Passive Classes Act).
The retirement or retirement pension due to permanent incapacity/uselessness for service is calculated in the same way as the ordinary retirement or retirement pension due to age, with the particularity that when it occurs while the staff member is in active service or in a comparable situation, the full years remaining for the staff member to reach the retirement or retirement age will be considered as effective services in addition to those accredited up to that time, these being understood as provided in the Corps, Scale, place, employment or category in which it is attached at the time of the retirement or retirement cessation.
However, from 1 January 2009, when, at the time of the event, the person concerned accrues less than twenty years of service and the incapacity does not disqualify him for any profession or trade, the amount of the ordinary retirement pension, calculated as indicated in the preceding paragraph, shall be reduced by 5 per cent for each full year of service that he lacks until he attains 20 years of service, with a maximum of 25 per cent for those who accredit 15 or less years of service. If, after the recognition of the pension and before the retirement or retirement age, there is an aggravation of the illness or injury of the person concerned in such a way as to disqualify him or her from performing any profession or trade, he or she may request an increase in the amount of the pension up to 100 per cent of the amount due to him or her.
VOLUNTARY RETIREMENT OR RETIREMENT
Civil servants included in the Passive Class System may retire or retire voluntarily from the age of 60 years, provided that they have recognized 30 years of service to the State.
If, in order to complete the required 30 years, contributions to other social protection schemes have to be computed by application of the rules on reciprocal computation of contributions between social security schemes (Royal Decree 691/1991 of 12 April), it will be required, when retirement or retirement is later than 1 January 2011, that the last five years of computable services for the determination of retirement or retirement pension be covered by the State Passive Class Scheme. This requirement shall not apply to officials of the State Administration in active service, special services, leave of absence for family care and leave of absence for reasons of gender violence who, as a result of exceeding the access and promotion processes regulated in the general public service regulations, change the social protection system.
This rule shall also apply when, in order to complete the 30 years of services required, periods of insurance, residence or similar periods covered outside Spain, arising from the application of bilateral agreements or Community regulations on the coordination of social security systems, have to be taken into account, unless the periods in question relate to activities which, if carried out in Spain, would have led to the compulsory inclusion of the person concerned in the Passive Classes Scheme.
Staff of the Cortes Générales may retire voluntarily when they reach the age of 60 or have a recognized age of 35 years of effective service to the State.
The procedure shall be initiated by the staff member concerned, in writing, by which he or she must necessarily indicate the date on which he or she wishes to retire or retire and must submit to the retirement or retirement body at least three months before the requested date of retirement or retirement.
In addition to the voluntary retirement or retirement provided for all civil servants of the Passive Class System (60 years of age and 30 years of service to the State), civil servants of the University Teaching Corps and Magistrates, Judges, Prosecutors and Lawyers of the Administration of Justice, who have a compulsory retirement age of 70 years, may have access to retirement from the age of 65 years and prove 15 years of effective service to the State. In the case of judges, judges, prosecutors and lawyers of the Administration of Justice, this type of voluntary retirement must be requested six months before the date of retirement.