The situation may be familiar to you: a friend or acquaintance is the victim of a layoff a few months or years from their retirement age. This is a complicated situation, given the difficulty in these age groups to re-engage in the labor market and the need to continue contributing, either by increasing the retirement pension somewhat or by reaching the minimum that allows them to receive that pension.
In these cases, Social Security contemplates a mechanism that can be very useful for future pensioners who need to continue contributing: special agreements. He as “an agreement voluntarily signed in order to generate, maintain or expand, in certain situations, the right to benefits and with the obligation to pay the corresponding fees at his sole expense.” The coverage is valid for both retirement and permanent disability, other death and survival pensions, derived from common illness and non-work accident or social services.
Thus, without having to have an employment relationship with a company or self-employment to contribute to Social Security, these contributions can be paid to maintain that contribution. In practice, the citizen pays his final retirement tranche, although without the support of a salary received month by month. It is a complementary solution when you do not want or cannot return to the world of work and the time for contribution runs out and, with it, the possibility of improving your future pension.
Requirements and groups eligible for a special agreement
Social Security includes these special agreements: -Workers discharged from Social Security and outside any regime.
-Those over 65 years of age and 35 years of contributions registered with Social Security.
– Workers in multiple employment who cease in any of their activities.
– Workers who cease their activity and are hired with remunerations that give rise to contribution bases lower than the average of the previous 12 months.
– Total permanent disability pensioners who have worked and are in any of the above cases.
-Workers who stop receiving benefits or unemployment benefits.
-Pensioners declared capable or partially disabled.
-Pensioners with permanent disability or retirement who are left without a pension due to a final judgment.
-Workers who have been terminated for requesting a pension that has finally been denied.
In addition to belonging to one of these categories of workers or citizens, people who want to benefit from a special agreement must meet a requirement: have contributed at least 1,080 days in the 12 years prior to termination.
In all these cases, the worker who wishes to do so can submit form TA-0040 () to request the special agreement. It can be done in two terms: in the first 90 days or one year after the termination or determining situation for this special agreement.
How much do you have to pay monthly?
The mechanism to know what fee must be paid in the collective agreement depends on the contribution base chosen. Social Security makes four different types available to citizens:
-The maximum contribution base for common contingencies of the contribution group that corresponds to the professional category in those cases in which contributions have been made for it for at least 24 months of the last five years.
-The result of dividing by 12 the sum of the bases for common contingencies of the last 12 consecutive months prior to the cancellation or extinction of the obligation to contribute, if it is greater than the following point.
-The minimum contribution base in force on the effective date of the special agreement for the self-employed in Reta.
-A contribution base included among the bases of the previous sections.
Once a contribution base has been chosen, the current Social Security contribution rate will be applied, and this amount will be multiplied by a coefficient of 0.94 for contracts from 1998 and 0.77 for contracts prior to 1998. and the coverage of retirement pensions, permanent disability, widowhood or social services. The result will be the amount to be entered every month under this special agreement.
When can it be suspended or terminated?
The special agreement can be suspended if the subscribed person begins a work activity in a Social Security scheme as long as their contribution base is less than that of the special agreement, being able to resume it at the end of said activity. If the contribution base is equal to or greater than that of the agreement, it will be considered terminated.
Special agreements will also be extinguished when the citizen becomes a pensioner (retirement or permanent disability), when he stops paying three consecutive monthly payments or five in total, by his own wish or in the event of death.
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