• Between Pensions
The following cases are incompatible:
- 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.
- Of two or more ordinary Passive Class pensions in their favour or in favour of their relatives by the same people.
- Of the extraordinary Passive Class pensions with the ordinary pensions that may be requested by their beneficiaries based on the same causing facts.
- 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.
- 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 is entitled to receive more than one incompatible pension, he/she may exercise the
right of option to receive the pension which he/she deems most appropriate
• 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.
The pension shall be revalued in full, in accordance with the terms laid down for pensions in the Régimen de Clases Pasivas [Public Sector Pension Schemes]. However, it is important to note that if the compatible work is performed, the pension amount, in addition to the accumulated revaluations, shall be reduced by 50 per cent. This reduction does not apply in instances where the retirement pension is compatible with self-employment, and proof is provided that at least one employee is employed.
As an exception, with effect from 1 April 2023, the regulatory credit will not be required for pensions accrued from that date. However, compliance with the compulsory retirement age will be required for persons employed or self-employed who carry out an artistic activity referred to in article 249 quater of the revised text of the General Law on Social Security, as approved by Royal Legislative Decree 8/2015 of 30 October. In terms of the stipulated age requirement, individuals who have retired or retired on a voluntary basis will be eligible to access this compatibility from the moment they attain the stipulated retirement age, if this occurs after 1 April 2023.
Artistic activity is understood to be that exercised by persons who carry out artistic activities, whether they are actors, dubbing artists, choreographers, variety artists, musicians, singers, dancers, performers, specialists, artistic directors, cinema, orchestra, musical adaptations, stage, production, choreographers, audiovisual works, circus artists, puppeteers, magicians, scriptwriters and, in any case, any other artistic activity, carried out by any person whose activity is recognised as a performer in Title I of Book II of the revised text of the Law of Intellectual Property, approved by Royal Legislative Decree 1/1996, of 12 April, which regulates, clarifies and harmonises the legal provisions in force in this matter, or as an artist, performer by virtue of the collective agreements applicable to the performing arts, audiovisual and musical activities, in accordance with Article 1.2, paragraph 2, of Royal Decree 1435/1985, of 1 August 1985, which regulates the specific employment relationship of artists who carry out their activities in the performing, audiovisual and musical arts, as well as those who carry out technical or auxiliary activities necessary for the development of this activity.
Similarly, the scope of compatibility includes work as an employee and self-employed activity carried out by authors of literary, artistic or scientific works, as defined in the revised text of the Law on Intellectual Property, whether they receive intellectual property rights for such activity or not, including those generated by their communication to third parties, and regardless of whether they receive other related remuneration for the same activity or not.
In such cases, the amount of the compulsory old-age pension will be 100% compatible with this activity as an employee or self-employed person and will include the supplement for pensions below the minimum pension and the supplement for maternity or reduction of the gender gap.
People subject to compulsory retirement who engage in artistic pursuits are to be regarded as pensioners for all intents and purposes. However, they are required to register and contribute financially, in accordance with the provisions outlined in articles 153 ter and 310 bis of the revised General Law on Social Security.
A recipient of a retirement pension who, in addition to pursuing an artistic activity, carries out any other work as an employed or self-employed person which would bring them within the scope of the General Scheme or any of the special social security schemes, would be considered as working alongside a pension, which is not permitted in this case.
However, in the event of retirement pensions or ill-health retirement with the affected individual takes early retirement due to being incapacitated to perform all professions, the receipt of the pension may be made compatible with the performance of such activity, if it is different from that which they had been performing in the service of the State. In such cases, the amount of the recognised pension shall be reduced to 75% of the corresponding amount if the individual has accumulated more than 20 years of effective service to the State. Alternatively, if the individual has accumulated less than 20 years of service at the time of retirement or withdrawal, the amount shall be 55%.
The payment of pensions affected by the above pension restrictions shall be suspended for whole months, from the first day of the month following the commencement of the activity giving rise to the non-compliance of earnings rules until the last day of the month in which it ceases, without prejudice to the increases to which these pensions are subject. If the non-compliant activity commences on the first day of a month, the suspension shall begin on 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.