Permanent disability pensions are received until reaching the legal ordinary retirement age.. At that time, the National Social Security Institute will be replaced by the retirement pension. Although in this change no money is lost in the amountthe beneficiary will be able to decide if he continues with the change or if he prefers to continue collecting the permanent disability.
This is regulated by the General Law of Social Security (LGSS), whose article 163 establishes that, upon reaching retirement age, Social Security will apply by default the most advantageous benefit for the pensioner, unless the pensioner expressly requests to maintain the pension. of permanent disability. But why do you make this change?
Social Security makes this change because You cannot receive two contributory pensions under the same contribution regime simultaneously.since they are incompatible. Therefore, upon reaching the corresponding retirement age, the pensioner must decide between one or the other, with the possibility of giving up the change and maintaining the previous pension if they wish.
Now, if the permanent disability was paid in 12 payments (as occurs in cases resulting from a work accident or occupational disease), Social Security will recalculate the amount to distribute it in 14 payments. Although the monthly amount will be slightly lower, the beneficiary will have the right to receive two extraordinary payments per year.
Regarding pensions for permanent disability in an absolute degree or for severe disability, these They are exempt from Personal Income Tax (IRPF). When it becomes a retirement pension, this exemption is maintained, which guarantees that the amount received by the beneficiary is not reduced.
What happens if, while collecting permanent disability, I have contributed under another regime?
Total permanent disability allows you to work in a profession other than your usual one, while collecting a pension, which allows new contributions to be added to those already existing before the pension is recognized. In these cases, Social Security does not allow them to be wasted, but upon reaching retirement age, this worker will have two options:
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Maintain the permanent disability pensionwhich would imply lose new quotes accumulated by their subsequent work activity. This option is not recommended if the objective is to maximize the pension.
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Convert the disability pension into a retirement pension and incorporate new quotes made during your work. This option is more beneficial, since it allows you to increase the amount of your retirement pension by integrating these additional contributions.
Cases in which permanent disability and retirement can be collected at the same time
Workers who receive a permanent disability pension under one scheme and, in addition, have accumulated the necessary contributions to access the retirement pension under a different scheme, may collect both pensions simultaneously (for example, a permanent disability under the scheme general and, on the other hand, retirement in the self-employed regime). Even so, it is important to be clear about some key aspects.
They will not be compatible If, to calculate the permanent disability pension, they used the contributions from both regimes. That is, the retirement pension cannot be requested if the contributions from the corresponding scheme have already been used to calculate the disability.
In this sense, Social Security clarifies on its website that “If the contributions of the scheme by which the retirement is recognized were used only to quantify the amount of the permanent disability, but could have been dispensed with to generate the right, then the recognition of both pensions as compatible is possible, provided that each one of them is calculated exclusively with the contributions of their respective regime.”
In other words, it will be necessary to recalculate the permanent disability pension without considering the contributions of the scheme under which the retirement is requested, to verify whether both benefits can be compatible.