The Superior Court of Xustiza de Galicia has recognized the Retirement pension to a home employee despite not having complied with the specific lack period. In this way, the sentence dismisses the appeal filed by the National Social Security Institute (INSS) which denied the pension for not complying with the minimum requirements.
The woman, born in 1956, requested Social Security for the retirement tax pension on November 9, 2022, but this was denied for not complying with the specific lack. To access the retirement pension, Social Security requires, in addition to being in a high or high assimilated situation, having quoted a minimum of 15 years throughout working life, which is known as generic lack. Also, at least Two of those 15 years must be included in the last 15 years prior to the causative eventas reflected in article 205.B of the General Social Security Law (LGSS).
The worker I only had 501 days quoted from said specific lack when the regulations ask to have 700 days of contribution, despite having in a total calculation 7,910 days, which are 21 years, 8 months and 5 days.
Given this situation, the worker filed a claim, which was also dismissed. As stated in the sentence, the applicant’s contribution periods cover 39 days full -time in the general regime, in addition to 7,062 days also full -time in the special regime of household employees between 1985 and 2007. Subsequently, between 2020 and 2022, traded 809 days in the same regime, but with a part of 60.2%. As a result, the regulatory base of his pension was set at 306.87 euros per month. These part -time quotes were key so that the pension was subsequently recognized.
Partiality coefficient
The administrative route exhausted the home employe Right to receive retirement pensioncondemning Social Security to pay the pension with retroactive effect since the application submitted.
The INSS, not satisfied, decided to present a resource of supplication against Superior Court of Xustiza de Galiciabut he did not prove the right and recognized the right to retirement pension to this woman employed in the home.
The Court decided to apply a doctrine known for the use of the partiality coefficient in the computing of the quoted days, following the sentence STC 91/201 of the Constitutional Court. This doctrine establishes that there is indirect discrimination based on sex, so that the days quoted to part day had to be computed as if they were full -time for the purpose of accessing the retirement tax pension.
In addition, in its ruling, the Court mentioned that the modification of article 247 of the General Law of Social Security, introduced by Royal Decree-Law 2/2023, eliminated this adjustment, establishing that the part-time cotice in the same way than a full -time day.
Throughout, Applying the new coefficients, the worker did comply with the specific lackso he was entitled to the retirement tax pension, whose monthly amount is equivalent to its regulatory base set at 306.87 euros. Despite the low amount, the worker may benefit from the complement to minimums in the pension to ensure that it reaches at least the minimum pension based on their family situation.