Upon reaching the retirement age, workers have the right to abandon the labor market and request social security the retirement pension. To be entitled to the retirement tax pension, Social Security requires having contributed a minimum of 15 years to Social Security, but this is not the only requirement. That is, that We can have more than 30 years quoted and Social Security can be denied by the pension In the event that we do not comply with the specific lack.
According to the Social Security on its website, the specific lack It is, that at least two of the total quoted years are within the last 15 years prior to the causative event. The causative fact, as a general rule, occurs at the time the application is submitted, provided that all the requirements are met.
In the case of not complying with the specific lack, social security provides several alternatives to do so and be able to have the right to the retirement tax pension. These are the Special Social Security Agreement or the application of the “Doctrine of the parenthesis.”
Special Social Security Agreement to be entitled to the pension
A special agreement with Social Security is an agreement that Allows a worker to continue quoting and keeping their rights to benefits after stopping working. That is, it basically consists of paying social security contributions from your own pocket to, in addition to preserving the right to pension, ensuring that the future amount of the same does not decrease.
Thus, while being signed to this special agreement, the worker will be assimilated to discharge, which will help him to meet the requirement known as “specific lack”, that is, have quoted for at least two years within fifteen years before retirement.
Now, not all people can access him. Social Security asks for have an accumulated price of at least 1,080 days in the last 12 years. In addition, it must belong to some of the following groups:
- Workers who cause decline in the Social Security regime and are not covered by another regime.
- Indefinite and autonomous accounting workers included in the Social Security System, which continue to be high, have 65 years or more and accredit the necessary years of contribution to be exempt from quoting.
- Multi -employment or multi -activity workers who cease in any of their activities on their own or own.
- Workers who cease their own or foreign activity and are hired with a price base lower than the average of the previous twelve months.
- Total permanent disability pensioners for their usual profession, who have worked after receiving the pension and are in any of the previous situations.
- Workers who are receiving unemployment benefits or unemployment subsidy and stop receiving them.
- Pensioners who have been declared capable or with partial permanent disability.
- Pensioners of permanent disability or retirement whose pension has been annulled by a final sentence.
- Workers who have caused low due to the request for a pension that was later denied.
Parenthesis doctrine
On the other hand, the “parenthesis doctrine” is a jurisprudential figure that consists in excluding from computing those years in which the worker could not quote, provided that it is demonstrated that this absence was not voluntary. That is, it is about making “a parenthesis” in the periods in which, due to reasons beyond the will of the worker, the price was not carried out, which allows to preserve the right to the retirement pension.
To access this doctrine it is necessary that, previously, social security has denied it, since, as indicated, it is a jurisprudential figure. In other words, once the administrative route has been exhausted after the denial of the pension, it will be necessary to go to the judicial route to request the application of the same.