State Pensions -as with all public pensions- are revalued according to the revaluation index established for the pensions in the corresponding General State Budgets Law or regulation
In accordance with Law 11/2020, of 30 December, on the General State Budget for 2021 (BOE number 341, of 31/12/2020), the pensions of State Pensioners will generally increase by 0.9% in 2021 compared to the real amount in 2020.
Pursuant to the provisions of article 40 of the aforementioned
Law 11/2020, of 30 December, on the General State Budget for the year 2021, the following civil service pensions shall not be increased:
Beneficiaries of civil service pensions that have been revalued in 2020 will receive, before 1 April 2021 and in a single lump-sum payment, an amount equivalent to the difference between the pension received in 2020 and the amount which would have been payable if said pensions had been increased by the average annual percentage change in the Consumer Price Index for each of the months from December 2019 to November 2020 had been applied to these pensions, provided that the resulting average value is greater than 0.9 per cent.
The provisions of the above paragraph will also apply to the beneficiaries of pensions with payments beginning in 2019 which were calculated taking into account regulatory bases that may be updated in that year.
For these purposes, the public pension limit for 2020 will be 2,683.34 euros per month or 37,566.76 euros per year.
The application of the revaluation shall be subject to the following rules:
In the case of widowhood pensions, increases for children shall in no case be taken into account for the purposes of applying the maximum amount established in the preceding paragraph.
In the event that one or more pensions from the civil service pensions and one or more other public pensions are paid to the same pensioner, the value of the civil service pension or pensions as a whole shall be limited to a figure equal to the full annual amount of 37,904.86 euros in proportion to the total amount of the pension or pensions received by the pensioner.
This limit (L) will be determined by applying the following formula:
L = --------- x 37.904,86 euros per annum
where ‘CS’ is the full theoretical annual value reached on 31 December 2020 by the civil service pension or pensions and ‘T’ is the result of adding the full value in annual terms of the other public pensions at the same time to the above figure.
The revaluation of civil service pensions for 2021 will be carried out automatically, with economic effects from 1 January 2021, by the General Directorate of Social Security Organisation.
This shall be carried out on the basis of the data available for each pensioner as of 31 December 2020. However, in accordance with the provisions of the revised text of the Law on Civil Service Pensioners, any pensioner may be required to provide information on their financial situation for the purposes stipulated in the aforementioned law.
The revaluation shall be provisional until such time as the government verifies the appropriateness of the amount of the revaluation, depending on the other payments of the pensioner(s) and in accordance with the rules governing eligibility and incompatibility that may be applicable in each case.
If the revaluation performed previously shows that excess amounts have been received, the pensioner shall be obliged to reimburse the amount unduly received. Without prejudice to the foregoing, in the event that the interested party has made a false declaration or omitted information, they may be held liable for the corresponding penalties they may have incurred.
In accordance with the provisions of the second paragraph of Article 40(1)(a) of
Law 11/2020, of 30 December, on the General State Budget for 2021,
the extraordinary civil service pensions resulting from terrorist acts are exempt from the exclusionary or limiting rules laid down in the rules for updating public pensions.
In the event that, besides any of the pensions mentioned in the preceding paragraph, an individual is entitled to the payment of one or more other state pensions as at 31 December 2020, the abovementioned exclusionary or restrictive rules shall apply in respect of the latter.
In accordance with the provisions of
Royal Decree 1413/2018, of 2 December (BOE, number 291, of 3/12/2018) widowhood pensions recognised before 4 December 2018 that meet the requirements established in article 39.3 of the consolidated text of the Law on Civil Service Pensioners, will be reviewed ex officio, except if the person receiving the pension resides abroad or their pension has been recognised under EU Regulations on the coordination of Social Security systems or Bilateral Social Security Agreements.
The economic effects of this review shall take effect on 1 August 2018 or from the initial date of payment, whichever is later.
The increase in the civil service survivors' pensions affected by the amendment of Section 3 of Article 39 of the Revised Text of the Law on Civil Service Pensioners, made by the sixth final provision of
Royal Decree-Law 28/2018, of 28 December, in force on 1 January 2019, will have economic effects from that date and will be reviewed ex officio by the competent services for its recognition.