Currently, all marriages can make their widowhood pension compatible with the retirement pension, provided that they meet the requirements of each one and the sum of both pensions do not exceed in any case the amount established for the maximum pension (This 2025, located 45,746.40 euros per year). However, this compatibility is not possible for all couples in fact, something that wants to end up adding, the party founded by Yolanda Díaz.
At the end of July, Sumar registered a non -law proposition in Congress with the aim of ensuring that the members of de facto couples who will be sent before 2022 can also make the widowhood pension compatible with the retirement, under identical conditions to marriages, since the latter can do so independently of the date they lost their partner.
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The initiative must be discussed in the Labor Commission of the Lower House and, in the registered text, the parliamentary group insists that for years the de facto couples were subject to institutionalized discrimination in relation to access to social rights and public benefits.
In fact, as the formation recalled, it was not until the reform of the pensions of 2021 (prepared by José Luis Escrivá) that the economic requirements that excluded the couples of fact of receiving a widowhood pension were eliminated in equal terms that marriages, through a modification of article 221 of the General Law of Social Security.
Discriminate
As explained by adding, despite the progress in the law, it was established that the widowhood pension of the de facto couples was incompatible with another contributory pension if they sent before January 1, 2022. This implied that when another contributory benefit such as retirement was requested or requested as the retirement, social security considered them incompatible, and suspended the least amount.
This regime of incompatibility, on the other hand, does not apply to marriages or to the de facto couples whose causative fact occurred as of January 1, 2022. Therefore, adding requires that de facto couples and marriages are equated in terms of pension compatibility “whatever the date of the causative event.” That is, regardless of when it was sent, both pensions can be compatible.
The spokeswoman to add in Congress, Verónica Martínez Barbero, said that this reform is intended to end the “unequal” treatment and guarantee the comparison of rights between de facto couples and marriages. “Rights cannot depend on a date or conservative convictions. It is time to repair this double discrimination,” he said.