Gobierno de España. Ministerio de Inclusión, Seguridad Social y Migraciones. Secretaría de Estado de la Seguridad Social y Pensiones - Dirección General de Ordenación de la Seguridad Social
Clases Pasivas

Incompatibilities

 
  • Between Pensions
  • With active employment

• Between Pensions

The following cases are incompatible:

  1. Cases of more than three ordinary pensions of the Civil Servants -retirement, widow’s/widower’s, orphan’s or in favour of parents- derived from different people.
  2. Of two or more ordinary Passive Class pensions in their favour or in favour of their relatives by the same people.
  3. Of the extraordinary Passive Class pensions with the ordinary pensions that may be requested by their beneficiaries based on the same causing facts.
  4. Of the extraordinary pensions for acts of terrorism with those which for the same reasons, and dispensing with the terrorist cause, may correspond in the State Passive Class System. Moreover, they are also incompatible with other extraordinary pensions which for the same reason may be recognised in any basic social protection public system.
  5. As regards the pensions that one individual may have earned or could earn in more than one social security system, in order to prove that the minimum contribution period required for entitlement has been fulfilled, or to determine the applicable percentage to calculate the amount of a pension, or both, in any of the pensions the contributions calculated from another system or, where appropriate, in the passive class system and services prior to Law 70/1978 of 26 December, would have been taken into account.

In cases where a person entitled to more than one Passive Class pension which are incompatible, they may exercise their right to collect the pension they deem most convenient, although this right may only be exercised once.

• With active employment

A) Retirement Pensions (Voluntary, obligatory, for permanent disability or incapacity to work)

- Retirement Pensions caused before January 1, 2009,

People who receive a retirement pension cannot be employed in the Public Sector.

When in such pensions periods of contribution corresponding to a Social Security System have been added - through application of the reciprocal calculation of contributions between different Social Security systems- this pension will also be incompatible with employment, either for the self-employed or for employees, in the private sector.

In both cases, receipt of the pension will be suspended for whole months for the time this job is held, without this affecting the recognition of any increases that may be applicable once payment of the pension is restored.

- Retirement Pensions caused as of January 1, 2009,

Retirement pensions will be incompatible with a post of employment or a high ranking position in the public sector, by the receiver. This is in accordance with what is set forth in paragraph 2 of article 1 of Law 53/1984, of 26th December, Incompatibilities of Employees at the service of Public Administrations, and for this purpose, the exceptions contemplated in the Ninth Additional Disposition of this Law and, in cases where no periodical payments are received for carrying out elected posts such as members of Legislative Assemblies of Autonomous Communities or of Local Corporations, that laid down in article 5 of the same shall be applied.

Notwithstanding what is set forth in the previous paragraph, the mandatory receiving of retirement pensions due to reaching the age legally required for each case, shall be compatible with rendering services on a self-employed or on a employee basis, and which implies the including of the holder in any public regime of the Social Security, in the following terms:

a) The age of access to the retirement pension must be, at least, that established as the mandatory age of retirement for the corresponding collective of civil servants.

b) The percentage applicable to the average credit in order to calculate the amount of the pension must be one hundred percent.

In the event of rendering services in a compatible activity, the amount of the pension shall be equal to fifty percent of the resulting amount in the initial calculation, after applying, if appropriate, the maximum limit of public pension or that which the pensioner is receiving on the date of the start of the activity, excluding, in all cases, the minimum complement, which shall not be received during the time in which the pension and the activity are compatible.

The pension shall be revaluated in its entirety, in the terms set forth for pensions in the Regime of Pensions for retired public servants. However, while the compatible work is being carried out, the amount of the pension plus the revaluations accumulated shall be reduced by fifty.

However, if the activity is carried out on a self-employed basis and it is proven that at least one employee has been hired, the amount of the pension corresponding to the work will be one hundred percent.

When it is a question of carrying out an artistic, creative activity for which income derived from intellectual property rights is received, including that generated by its sale to third parties, the amount of the pension compatible with this activity shall be one hundred per cent, in which case the provisions regarding affiliation, registration, cancellation and variation of data and contributions shall apply, as well as on compatibility in Royal Decree 302/2019, of 26 April, which regulates the compatibility of the contributory retirement pension and the activity of artistic creation, in development of the second final provision of Royal Decree Law 26/2018, of 28 December, which approves emergency measures on artistic creation and cinematography.

The pension will be reassessed in its entirety, under the terms established for the Civil Service pensions. However, provided that the work performed is compatible, the amount of the pension plus the accumulated reassessments will be reduced by fifty per cent. This reduction shall not apply where the retirement pension is compatible with the self-employed activity and it is demonstrated that at least one employee is employed or that the activity is artistic.

However, in the case of retirement pensions or pensions for permanent incapacity for work or disability, where the person concerned is not incapable of performing any occupation or trade, the receipt of the pension may be made conditional on the performance of such activity, provided that it is different from that which the person concerned has been performing in the service of the State. In this case, and for as long as this situation lasts, the amount of the recognised pension will be reduced to 75% of the corresponding amount, if more than 20 years of effective service to the State are demonstrated; or to 55%, if the person concerned has completed less than 20 years of service at the time of retirement.

The receipt of the pensions affected by the aforementioned incompatibilities shall be suspended for full months, from the first day of the month following the commencement of the activity that determines the incompatibility until the last day of the month in which it ends, notwithstanding the increases that such pensions must undergo; if the incompatible activity begins on the first day of a month, the suspension of payment shall proceed from the first day of the month in which the incompatible activity is carried out.

B) Widowhood pensions

The widowhood pension is compatible with income from employment through self-employment or as an employee.

C) Orphanhood pensions

The orphan's pension expires, generally when the beneficiary turns 21 years of age. Nevertheless, the pension is lifelong if the orphan is unfit for any work since before the death of the causing subject or on turning 21 years of age.

An orphan can receive a pension until the age of 25 if their income from work in the private sector does not exceed the minimum wage. If you are a student, you may continue to receive the orphan's pension until the first day of the month following the beginning of the next academic year. For this purpose it is necessary to expressly request the extension of receipt of the pension.

In all cases, the orphan's pension is incompatible with work in the public sector.

The civil service pensions for orphans, recognised for non disabled orphans aged over 21 years, under current civil service legislation at 31 December 1984, and special legislation arising from the civil war are declared incompatible with receiving income or income replacing a salary, being understood as the provision and the subsidy for unemployment.