The subsidy for those over 52 years of age is the only subsidy from the State Public Employment Service (SEPE) that, in addition to being collected indefinitely until reaching the ordinary retirement age, contributes towards the future retirement pension. The fact that this aid is collected indefinitely makes many workers ask if, while the subsidy for those over 52 years of age is being collected, Social Security can force us to request early retirement. The answer is, no.
To understand it better, you have to know that in the past, when the old and well-known subsidy for people over 55 years of age existed, the regulations did require early retirement as soon as the age and requirements for it were met. But with the arrival of the current subsidy for those over 52 years of age, the law changed and now, they can no longer force you. That is, the unemployed can continue collecting the subsidy until reaching the ordinary retirement age that corresponds to you (remember that there are two retirement ages as regulated by Law 27/2011).
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This helps, and it does so twice. On the one hand, the worker will continue to contribute, since this subsidy contributes 125% of the minimum contribution base current. The other part is, that Early retirement always leads to pension cutswhich varies depending on the months and years of contributions, so the worker does not suffer this double penalty.
Requirements to maintain the subsidy until retirement age
To maintain this benefit and not be forced to retire early, it is essential to strictly comply with the SEPE conditions. These are the keys:
- Lack own income that is greater than 75% of the Minimum Interprofessional Salary (SMI). In the case of exceeding it, the right to the subsidy is lost (this must be communicated to the SEPE).
- Submit the Annual Income Declaration (DAR) each complete year of subsidy collection. Unlike other subsidies that do not have an obligation, in this one it is necessary, since it serves to demonstrate that the lack of income continues to be met. This article explains How to submit the annual income tax return for the subsidy for those over 52 years of age to the SEPE.
- Remain registered as a job seeker and renew the claim (seal the unemployment benefit) on the indicated dates.
- Comply with the activity commitment, which implies being actively looking for work and not rejecting suitable placement offers.
Failure to comply with these obligations, especially with the annual submission of the income tax return, entails the immediate suspension of payment and could lead to the termination of the subsidy.
What happens if I am collecting unemployment?
The right to unemployment benefits (known as unemployment) expires, as a general rule, upon reaching the ordinary retirement age if the requirements to collect the pension are met.
Now, the SEPE explains on its website An important exception: if you reach the age but do not meet the requirements (for example, you are missing years of contributions) to access the contributory pension, you will be able to continue collecting unemployment benefits. To do this, you must present to the SEPE a negative certification issued by the National Social Security Institute (INSS).
The SEPE informs in its Web page That workers who are collecting the contributory unemployment benefit meet the retirement age, but do not meet the requirements to apply for the pension, will be able to continue collecting the aid. Of course, the Public Employment Service will require certification issued by the National Social Security Institute (INSS) that certifies such situation.
Furthermore, it must be remembered that it is possible to make the contributory benefit compatible with partial retirement, subtracting the proportional part of the amount of the benefit.
What happens if I retire early?
Although the SEPE does not force you, if you voluntarily decide to request early retirement, you will become a pensioner for all purposes. That is, at that moment, an incompatibility occurs and the right to continue collecting the subsidy for those over 52 years of age or unemployment benefit is automatically extinguished. You will then depend solely on the pension that corresponds to you (contributory managed by the INSS or non-contributory if it corresponds to the IMSERSO).