The increasingly frequent trend among workers is to advance their retirement as much as possible before reaching the ordinary age. It is a voluntary act that, however, sometimes happens to be the opposite when a dismissal at work close to that age that allows access to definitive retirement.
In these situations, the worker can retire early even from the age of 61, although to do so he must meet the requirements imposed by Social Security for this type of retirement, called ‘derived from involuntary termination of work’ or simply ‘involuntary ‘.
This modality allows retirement to be anticipated up to four years before the ordinary age, for which reason, in order to retire at 61, the worker must accumulate at least 37 years and six months of contributions, the requirement granted by a 65-year-old (to whom four are subtracted to arrive at that advance at age 61).
In addition, these people must meet more conditions: they must have two years of contributions within the last 15, be registered (or in an assimilated situation) in Social Security and be there for at least six months before applying for retirement. .
And, of course, that the retirement comes from a situation of unemployment derived from an involuntary cessation of work. This cessation, in order to give rise to the right to involuntary early retirement, must come from one of the following circumstances:
-Collective dismissals for economic, technical, organizational or production reasons.
-Dismissals for objective reasons.
-Extinctions of contract by judicial resolution in cases of bankruptcy law procedures.
-Extinctions of contract due to death, incapacity or retirement of the individual entrepreneur.
-Extinctions of contract due to the existence of a cause of force majeure verified by the labor authority.
-Extinctions of contract caused by gender violence.
-Extinctions of contract by the will of the worker in cases of serious breaches of the employer.
If the worker meets all the aforementioned requirements, he or she may retire early, even after 61 years of age. Although, yes, he will have to assume a cut in the amount of his pension. The ‘Escrivá reform’ of pensions has modified the reducing coefficients: not only in its cuts, but also in its design, which becomes monthly and applies to the amount of the pension.
In accordance with what is regulated in the cuts in retirement pensions for the involuntary early modality depend on the previous contribution and the advance of that retirement:
-For people with less than 38 years and six months of contributions, there is a 30% cut in the pension if they anticipate their retirement 48 months. The cuts become 22.50%, 15% and 5.50% with three, two and one years in advance of retirement, respectively.
-For people between 38 years and six months and 41 years and six months of contributions, the cut is 28% if the advance is four years. The cuts will be 21%, 14% or 5.25% if the advance is three, two or one year, respectively.
-For people between 41 years and six months and 44 years and six months of contributions, the cut in the pension is 26% if the advance is 48 months, 19.50% if it is three years, 13% if it is for two years and 5% if it is for one year.
-In people over 44 years of age and six months of contributions, the cut in the retirement pension is 24% if the advance is for four years, 18% if the advance is for three years, 12% if the advance is for two years and 4.75% if the advance is for one year.
Although it would not be the case of workers who access these early retirements at the age of 61, the ‘Escrivá reform’ has included an extra change in the coefficients of involuntary early retirements: people who take advantage of them in the last two years prior to the ordinary retirement age may use the voluntary early retirement coefficients if they are more beneficial.
Early retirement due to profession at age 61
If the worker belongs to one of the professions that, due to its dangerousness, toxicity or hardship, has a different system of early retirement and also has options to retire early at 61 years of age. These professions are those of mining workers, railway workers, aerial work personnel, sea workers, firefighters at the service of the Administration, artists, bullfighting professionals, local police or members of the Ertzaintza.
The Social Security in which it explains that, in the best of cases, the early retirement of these workers can even reach 52 years. The body provides a list with access to the regulations that concern each of these professions and everything related to their early retirement (requirements, pension cuts…).
Early retirement from Passive Classes at age 61
If the worker belongs to the State Passive Class regime, they will also have the option of retiring early at 61 years of age. In this system, Social Security allows early retirement from the age of 60, provided that at least 30 years of effective service to the State are proven.
These workers will also suffer cuts in their pension that are calculated by applying certain percentages to the worker’s regulatory credit (their regulatory base). , with those 30 years he will be entitled to 81.73% of the credit, with 31 he will be able to have 85.38% of the credit, with 32 years 89.04% of the credit, with 33 years 92.69%, with 34 years 96.35% and with 35 years of contributions, regardless of the early retirement payment, .
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