Social Security establishes that, as a general rule, contributory pensions are incompatible with each other, as regulated by article 163.1 of the General Social Security Law (it can be consulted in this Official State Gazette). This means that a retiree who has the right to collect another pension, as one of permanent disability, cannot perceive both at the same time. In these cases, the law forces to choose between one of the two benefits, which often generates doubts about which of them will be suspended and why.
Now, many wonder why this incompatibility applies if both pensions may have been generated by long contribution races. The answer is that the Social Security system is designed to protect the citizen from a single contingency or cause. That is, a person cannot be, for legal purposes, “retired” (for having ceased in his working life) and at the same time “permanently incapacitated” for the work he no longer does. It is a measure to avoid double protection over the same fact and guarantee the sustainability of the public pension system.
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One of the two pensions will be suspended
The incompatibility between contributory pensions of the general regime entails the suspension of one of them, that is, we will stop charging it. To determine which one remains active and which is suspended, social security does not act arbitrarily, but follows a clear economic rule.
As a general rule, Social Security will compare both pensions and pay the one with the greatest amount, since it is the most benefiting the pensioner. Next, it will proceed to suspend the lowest amount.
For example, if a pensioner charges a permanent disability pension of 1,500 euros per month and then a retirement of 1,800 euros is recognized, social security will suspend the disability pension (because it is the one with the lowest amount) and will keep the retirement activate. This rule is applied even if the sum of both benefits does not exceed the maximum system pension.
| Situation | Retirement pension | Permanent inability | SS default decision |
|---|---|---|---|
| Situation 1 | € 1,800 | € 1,500 | Pay the retirement, suspend the disability. |
| Situation 2 | € 1,400 | € 1,700 | Pay the disability, suspend the retirement. |
Although Social Security will suspend the minor pension, we must know that the law establish that if the pensioner wishes can revoke this decision. In other words, even if the standard is to suspend the lowest amount pension, the pensioner can choose which one wishes to collect and can request that this decision be revoked to collect the benefit that suits you for your personal circumstances (this usually occurs when a total permanent disability is charged to continue quoting).
To do this, we must communicate it to Social Security and take into account that its economic effects begin from the first day of the month following the application.
Is it possible to collect two pensions at once?
As a general rule, since we have said, pensions will be incompatible with each other when the same beneficiary concur. Now, there are exceptions, since the rule says “unless expressly provided otherwise, legal or regulation.” This means that two pensions can charge at the same time those who have quoted under different social security regimes and have generated the right to both pensions.
Another exception with the widowhood pension, which is compatible with other work income and, usually, with permanent retirement pensions. Likewise, the pensions of the extinguished mandatory insurance of old age and disability (Sovi) can also be compatible with a widow’s pension, although with certain limits in its total sum.