The Retirement pension It is the contributory pension that is accessed when a minimum of 15 years has been quoted under any social security regime. This period is known as generic lack, but it is not the only requirement that must be met. In addition, we must be high or assimilated at discharge and comply with the specific lack, that is, that of the total quoted years, at least two must be found in the last 15 years.
These requirements come regulated in article 205 of the General Social Security Law (LGSS). But what happens when the generic lack is fulfilled, that is, the 15 years of contribution, but not with the specific lack, the two years of contribution within the last 15 years?
In this case, we have two options. The first is that Social Security tries to apply what is known as the doctrine of parentheses and, in case of not being able to apply it, try to access the non -contributing pension, although this benefit has a minor amount and it is necessary to fulfill another Requirements series.
Parenthesis doctrine
The “parenthesis doctrine”It is a jurisprudential figure that allows exclude from the computation of the pension the periods in which the worker has not quotedprovided that this absence of contribution was not voluntary. That is, it is “puts in parentheses” those years without quotation, facilitating the worker compliance with the requirements to access the retirement pension.
The application of this doctrine depends on a judicial judgment that evaluates each case individually. In other words, it can be requested when social security has previously denied the retirement pension and, after having exhausted the administrative route, the judicial route is used. When the decision appealed, the competent court determines that the absence of contribution was involuntary and, therefore, must be excluded from calculation.
Among the cases in which the “parenthesis doctrine “ It has been applied, the following stand out:
- Long -term unemployed that they have not been able to quote, but have remained registered as job seekers.
- People who have fulfilled prison sentences without having had the opportunity to quote.
- People who have received non -contributory disability pensions.
- Workers with serious health problems who have prevented them from continuing to quote by not being able to carry out the relevant procedures to keep their registration in social security
An example of this can be a worker who has contributed 30 years to Social Security, but is fired at age 50. After exhausting the unemployment contributory benefit, it does not continue to be registered as a job seem Less 38 years and 3 months quoted – could not apply the “parenthesis doctrine.”
In order to apply, it is necessary to be registered as a job seeker and demonstrate that the period without price is foreign to the worker’s will.
What happens if I can’t apply the parenthesis doctrine?
In this case, you can either quote those two years before requesting the retirement pension, since there is no maximum age to retire in Spain or go to the non -contributing pension. To access the latter, not a single day of contribution will be requested, but it is necessary immediately prior to the date of the application and have income below 7,905.80 euros. Now, these requirements may vary depending on people who conform to the coexistence unit.