Early retirement allows workers to withdraw before reaching their ordinary retirement age, although this advance involves a cut in the amount. Even so, not all workers can access it, since Social Security requires compliance with several requirements, including a minimum contribution, which results in voluntary early retirement being denied.
That is, Social Security checks each one before issuing its resolution, and if one is not met, the application is rejected even if the rest are in order. This does not mean that the pension will be denied, but rather that you will not be eligible for this modality, having to resort to ordinary retirement. In total, there are three main reasons why Social Security may deny a pension.
Not reaching the minimum contribution
The first and main reason why Social Security denies voluntary early retirement is for not meeting the minimum contributions. Social Security requires a minimum of 35 years of contributions. Of those 35, at least two must have contributed within the last 15 years prior to the application. That is, you must comply with the specific deficiency regulated by article 205 of the General Social Security Law.
For involuntary early retirement, which occurs due to a job cessation beyond the worker’s control, the minimum drops to 33 years of contributions. This modality also requires having been registered as a job seeker for at least six months before submitting the application, and that the termination has occurred for objective reasons: an ERE, a dismissal for economic reasons, the closure of the company or a force majeure that terminated the contract. A voluntary withdrawal does not give the right to this route.
Anyone who does not reach these thresholds cannot request early retirement under either of the two modalities. The only option in that case is to wait until reaching the ordinary retirement age.
The resulting pension is less than the minimum
Voluntary early retirement may be denied if the resulting pension is less than the minimum pension applicable upon reaching age 65 based on the family situation. Regarding this, the explanation lies in how the system works.
When someone requests voluntary early retirement, Social Security calculates the pension that would correspond to them and applies the so-called reducing coefficients, which are penalties proportional and in the form of a percentage to the number of months that retirement is brought forward with respect to the ordinary age. The reduction depends on how many months are anticipated and the years of contributions accumulated.
The Social Security table establishes four sections according to the years contributed. For those who advance retirement by 24 months and have less than 38 years and 6 months of contributions, the penalty is 21% on the regulatory basis. The penalty decreases as the years of contributions increase: a worker with more than 44 years and 6 months of contributions who advances 24 months bears only a 13% reduction. At the opposite extreme, someone who advances just one month with many years of contributions may have a reduction of just 2.81%.
The problem arises when, after applying this penalty, the calculated pension remains below the amount of the minimum pension that would correspond to the applicant upon reaching age 65. In that case, Social Security cannot approve early retirement, since the law does not allow recognition of a contributory pension below the guaranteed minimum, and the only way to regularize this difference would be the minimum supplement, which requires having reached the ordinary age.
This filter especially affects those who have low contribution bases or contribution careers with gaps. The lower the regulatory base and the more months retirement is brought forward, the more likely it is that the result will be below the minimum threshold.
Not having reached the minimum age
The third reason for denial is for submitting the application before reaching the required age. In 2026, the ordinary retirement age in Spain is 66 years and 10 months for those who do not reach 38 years and 3 months of contributions, and 65 years for those who do exceed them. Voluntary early retirement allows you to advance that date up to 24 months. This places the minimum age at 64 years and 10 months for those who have less than 38 years and 3 months of contributions, or at 63 years for those who are older than 38 years and 3 months.
The involuntary modality allows up to 48 months before the ordinary age. In 2026, the minimum age for this route is 62 years and 10 months for those who have less than 38 years and 3 months of contributions, or 61 years for those who exceed that threshold.
A common mistake is to submit the application just after reaching the ordinary retirement age without taking into account that the minimum age for early retirement depends on this moving reference, that is, if the ordinary age increases over the years, the early retirement age also increases. Social Security automatically denies any application submitted before reaching the corresponding minimum age, even if all other requirements are met.
New coefficients for the maximum pension from 2026
Since January 1, Social Security tried to apply a different criterion that eliminated the transitional period agreed in the 2021 reform (in Law 21/2021), which meant a more severe penalty for that group.
After complaints from the unions and pressure from those affected, Social Security rectified and re-applied the original transitional period, that is, the softer coefficients, something that explains the Social Security official, Alfonso Muñoz Cuenca.
What to do if Social Security denies the application
The INSS denial resolution is not automatically final. The applicant has the right to present a prior claim through administrative channels within 30 business days from notification of the denial. If this claim is also rejected, the judicial process before the Social Courts is open.
When the denial is based on the resulting pension not exceeding the minimum, one option is to continue working until the regulatory basis improves or until more years of contributions are completed. In cases of insufficient contributions, it is worth checking if there are unrecorded contribution periods, such as contributions from previous jobs or periods of sick leave that do not appear in your working life.
Consult the quote history in the Social Security Electronic Headquarters before submitting the application allows you to anticipate these problems and avoid a denial that could have been prevented.
Early retirement allows workers, both voluntarily and involuntarily, to retire before reaching ordinary retirement age. Although this modality entails cuts in the pension, it is necessary to know what are the necessary requirements to access early retirement.
Social Security explains on its website that depending on the type of retirement, the retirement age can be advanced by up to 2 or 4 years. In this sense, voluntary early retirement may be advanced by up to two years and involuntary or forced retirement up to four years with respect to the ordinary age.
In 2023, the ordinary retirement age in 2023 will be 66 years and 4 months when at least 37 years and 9 months of contributions are available. In the case of being 37 years and 9 months or more, the worker could retire at 65 years of age.
This means that depending on the years of contributions, the retirement age will be 63 years or 64 years and four months when it is at the worker’s will. On the other hand, if the situation is the result of circumstances beyond the control of the worker, the maximum retirement age will be 61 years or 62 years and four months.
Requirements to not be denied early retirement
The first requirement to access retirement is that the worker be registered or assimilated to registration. The latter refers to the relationship of a citizen with Social Security when they do not normally work or are registered in any Social Security regime. Although he is not active at work, he is not on sick leave either.
On the other hand, it will be necessary to prove a minimum period of effective contributions. That is, it is not enough to just have the 15 years of contributions required to access the retirement pension. In this sense, at least 33 years will be required in an involuntary retirement and 35 years, in the case of wanting to retire early of one’s own free will.
Finally, it is necessary that the amount of the pension to be received is higher than the minimum pension that would correspond to the individual according to his or her family situation upon reaching 65 years of age (consult minimum amounts for 2023). That is, if after applying the retirement pension calculation method it is less than the minimum, it will not be accessible and will be denied. This last requirement will only affect voluntary early retirements.