Early retirement on a voluntary basis is only two years before the ordinary retirement age, but in other cases the worker can further advance the moment of professional retirement, provided that he meets a series of requirements. Even up to 61 years of age.
In this group are workers who have suffered a dismissal at work, who can benefit from the so-called early retirement derived from non-voluntary termination of work, valid for citizens up to four years less than the ordinary retirement age.
As this age is between 65 and 66 years old, some workers will have the right to early retirement in this way at 61 years of age (those who reach a 37 years and six months quote), although meeting certain requirements and assuming the pension cut with some reducing coefficients that will depend on age.
The worker must not only be of the age established above, but must also meet other conditions: prove 33 years of previous contribution (includes one year of compulsory military service, if applicable) of which two must be between the last 15 years, be registered as a jobseeker for at least six months and that the dismissal falls within a situation of business restructuring.
For the latter to happen, the dismissal must be a collective dismissal for economic, technical, organizational or production reasons, an expiration of the contract by judicial resolution or due to the existence of a force majeure accredited by the competent authority or a dismissal by the death, retirement or permanent disability of the employer.
If the worker complies with this, he will be able to qualify for early retirement. You should know, of course, that as in the rest of early retirement you will see your pension cut based on reducing coefficients which during 2021 will be the following:
-A 1.875% of the regulatory base per quarter of advance for workers with less than 38 years and six months of contributions.
-A 1.75% of the regulatory base per quarter in advance for workers between 38 years and six months and 41 years and six months of contributions.
-A 1.625% of the regulatory base per quarter of advance for workers between 41 years and six months and 44 years and six months of contributions.
-A 1.5% of the regulatory base per quarter in advance for workers over 44 years of age and six months of contributions.
Some of these aspects will change for workers as of 2022. The pension reform designed by José Luis Escrivá, Minister of Inclusion, Social Security and Migrations contemplates changes in early retirement due to involuntary termination of work. According to the Draft Law to guarantee the purchasing power of pensions and other measures to reinforce the financial and social sustainability of the public pension system, they are the following:
-A change in the reduction coefficients, which will become monthly instead of quarterly and affect the amount of the pension instead of its regulatory base. The proposed table contemplates reductions of between 18.5% and 30% for the cases with the highest advance payment (between 37 and 48 months before).
-In the last two years in advance, the coefficients of voluntary early retirement may be applied if they were more beneficial than the current ones.
-The inclusion of new assumptions to access the pension: voluntary termination of the contract by the worker for reasons of geographical transfers, non-payments and breaches of the employer, substantial modifications of working conditions or cases of gender violence.
However, other workers can also retire from the age of 61. They are all those who carry out professions that due to their toxicity, hardship or danger have individual laws that allow early retirement (in the best cases) even from 52 years. They are the miners, firemen, local police, artists, bullfighters, high-ranking personnel …
For these groups there will also be changes with the Escrivá reform: the coefficients will be reviewed for a maximum period of 10 years and the rates of hardship or danger that allow or not access to these early retirements will be detailed with greater accuracy.
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