Civil servant retirement may be:
The compulsory retirement of a civil servant takes effect automatically upon his or her
65th birthday, subject to the following exceptions
Civil servants of the State Public Administration and organisations governed by public law or dependent thereon may choose to extend their time in active service until they turn seventy (maximum), in accordance with the following procedure:
The civil servant may end the extension of active service by notifying the competent body of his planned compulsory retirement date due to age at least three months in advance of this date.
The extension of time in active service does not apply to civil servants of bodies and scales with specific retirement regulations.
This is declared ex-officio or on request when the individual concerned is affected by a "pathological, somatic or psychological injury or process that is stabilised and irreversible or of unlikely or uncertain irreversibility, that
totally prevents the individual from performing the tasks of his or her Corps, Scale, post or career" (article 28.2.c) of the consolidated text of the Law on pensions for government officials.
The retirement pension for permanent disability/incapacity for service is calculated in the same way as the ordinary retirement pension, with the exception that when the former occurs while the civil servant is in active service or an equivalent situation,
in addition to the years of service so far completed, the complete years remaining in order to reach retirement age are also considered as effective service in the Branch, Rank, location, job or category occupied at the moment of retirement.
1 January 2009, when the interested party can accredit
fewer than twenty years of service at the time the event occurs and the disability does not make him/her incapacitated for any trade or profession, the ordinary retirement pension, calculated as indicated in the above paragraph, shall be reduced by 5% for each complete year of service remaining 20 years of service are completed, with a maximum of 25% for those who can prove 15 or fewer years of service. If, after the pension has been approved but before reaching retirement age, the illness or injuries of the applicant worsen so as to disable him/her for any profession or trade, he/she may request an increase in the pension up to 100% of the full pension that could have applied.
Public officials under the Passive Class System may retire voluntarily
after the age of 60 years, provided that they acknowledge having
provided 30 years of service to the State.
When, in order to complete the required thirty years of service, periods of contributions to other social security systems would need to be counted, in application of the rules on reciprocal calculation of payments between social security systems (Royal Decree 691/1991, de 12 April 1991), entitlement to the relevant pension will be conditional on the last five years of pensionable service being covered by the State Passive Class System, where retirement takes place after 1 January 2011. This requirement shall not apply to officials of the State Administration on active duty, special services, those on leave for family or childcare and those on leave due to gender violence who, after passing the entrance examinations and promotion procedures covered by the general regulations relating to the civil service, switch social welfare systems.
This rule shall also apply when, in order to complete the thirty years of service required, periods of insurance, residence or similar covered outside Spain derived from the application of bilateral agreements or community regulations on the coordination of social security systems have to be included, except when these periods correspond to activities that, if they had taken place in Spain, would have led to obligatory inclusion in the “Passive Classes” Regime.
Staff of the Cortes Generales (Spanish Parliament) may retire voluntarily when they turn 60 years old or if they acknowledge having provided 35 years of effective service to the State.
The procedure shall be initiated in writing by the interested party, indicating necessarily the desired date of retirement, presenting the document to the retirement department at least three months prior to the retirement date requested.
In addition to the voluntary retirement available for all civil servants with corresponding pensions (60 years old and 30 years of service to the state), civil servants of
University Teaching Bodies, as well as Magistrates, Judges, Attorneys and Lawyers of the Administration of Justice, who are forced to retire at 70, can now retire from age 65, having provided at least 15 years of service to the State. For Magistrates, Judges, Attorneys and Lawyers of the Administration of Justice, this kind of voluntary retirement can be requested six months prior to the retirement date.