A woman has managed to retire at advance at age 60 with a pension of 1,926.29 euros per month, despite the fact that social security had denied it, since they did not recognize the years worked as a police assistant in a municipality without their own body. In this regard, the Superior Court of Justice of Andalusia explained that, by continuously perform retirement age provided for in Royal Decree 1449/2018, so it could access retirement and with 100% of the pension.
This woman had worked for almost 30 years as a police assistant at a town hall of Villaharta, a municipality with less than 5,000 inhabitants and did not have a local police body. At 60, he requested that the age reducer of the age provided for in Royal Decree 1449/2018 be applied, a rule that allows local police to retire up to 5 or 6 years before the ordinary age for the pain and physical demand of their activity.
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Social security denied it by explaining that she did not belong to a local police body, but was assistant, and therefore did not meet the legal requirement of having quoted at least 15 years as a local police required by article 2.3 of the aforementioned Royal Decree 1449/2018 to apply the reduction coefficient.
The worker was not satisfied, since in her opinion she did all the functions of a local police, so she did have the right to benefit from these reducing coefficients, so I present a claim to social security, but which was dismissed, so she decided to go to the courts.
He had the right to retire at age 60 and with 100% of the pension
In the Social Court No. 5 of Córdoba, he was the first to give the reason to the worker, recognizing her right to retire in advance and to collect 100% of her regulatory base applying the reducing coefficient of Royal Decree 1449/2018. He considered proven that, although he appeared as an assistant, he had exercised for almost 30 years the same functions as a local police in a municipality that lacked his own body.
Social Security, disagree with the decision, appealed before the Superior Court of Justice of Andalusia, claiming that the plaintiff could not benefit from early retirement because he was never formally formally local police, he did not meet 15 years of contribution in that condition and the norm does not allow extensive interpretations.
Despite these arguments, the TSJ gave the worker again. In his ruling, he explained that the City Council certified that he had performed all the functions of the Local Police (traffic management, attestation instruction, surveillance of public spaces, collaboration with security forces …), so that time should be computed for early retirement purposes. To deny it would mean an unequal and unjustified treatment with respect to those who exercise identical functions under another denomination.
What says the law on the early retirement of the Local Police
The key to this judgment is in article 2 of Royal Decree 1449/2018 (which can be consulted in this BOE), which regulates the reducing coefficient of the retirement age for local police. This standard allows you to reduce the ordinary age to 5 or 6 years as long as at least 15 years of contributions as a local police are accredited.
Social security understood that this requirement automatically excluded the auxiliaries, even if they fulfilled the same functions in practice. Even so, the Court explained that, in the municipalities of less than 5,000 inhabitants where there is no local police body, the auxiliaries who exercise all the powers provided in Organic Law 2/1986 of forces and security forces and Law 13/2001 of coordination of local police in Andalusia must be treated as local police for retirement purposes.
Therefore, the TSJ confirmed that this local police had the right to retire at age 60 with 100% of the pension, recognizing that the reality of his work should prevail over the formal denomination of his category.