Flexible retirement allows a pensioner who already receives 100% of the retirement pension to return to the labor market with a part-time contract and continue receiving a part of the pension, proportional to the hours he does not work. Whoever decides to work 50% of the day receives 50% of their pension; If you work 25%, you earn 75%. This type of retirement is regulated in articles 4 to 9 of Royal Decree 1132/2002 and in article 213.1 of the General Social Security Law (LGSS).
It is the only compatibility formula designed for those who are already retired and want to re-enter the labor market, unlike active retirement (designed for those who decide not to stop working when they reach ordinary age) or partial retirement (which is requested before retiring at 100%). The reform of Royal Decree-Law 11/2024 did not modify this modality, but it did expand the adjacent options.
Who can benefit from flexible retirement?
Any person who already has a contributory retirement pension recognized, regardless of whether they retired at ordinary, early, forced or disability age. It is not necessary to complete additional years of contributions, since it is enough for Social Security to pay the pension at 100%.
The requirements to access this modality are:
- Have the retirement pension due and in payment
- Sign a part-time employment contract (as an employee) with a working day between 25% and 50% of the usual one, according to article 5 of RD 1132/2002
- Communicate this to Social Security before starting to work to avoid improper receipt of pension.
Pensioners of the State Passive Classes Regime (retired civil servants managed by the Ministry of Finance) cannot benefit from this modality, since they are governed by the compatibility rules regulated in Royal Legislative Decree 670/1987.
How is the pension calculated during flexible retirement?
The pension is reduced in inverse proportion to the hours worked. The rule is simple: if you work X% of the full day, (100-X)% of the recognized pension is collected.
| Day worked | Pension collected | About a pension of 1,500 euros |
|---|---|---|
| 25% | 75% | 1,125 euros/month |
| 30% | 70% | 1,050 euros/month |
| 40% | 60% | 900 euros/month |
| 50% | 50% | 750 euros/month |
The amount of the reduced pension is calculated on the amount before taxes; Then the personal income tax is withheld on the part that is received. When the worker terminates the partial contract, he or she recovers 100% of the pension automatically, without the need for a new application.
How do you contribute during flexible retirement?
The company and the worker contribute for the day actually worked, as in any part-time contract. These contributions can improve the future pension if, when you leave work, the recalculation gives a higher result than the original.
Social Security guarantees that contributions made during flexible retirement will never reduce the pension, since they can only increase the amount. If the subsequent calculation shows a lower pension, the original is maintained.
This effect is especially useful for those who retired with a low regulatory base and, thanks to partial reincorporation, manage to integrate new contributions with higher bases. The recalculation is applied at the end of the partial contract and can mean a few more euros per month in the final pension.
Is it compatible with the minimum plugin?
No. During flexible retirement, the pensioner loses the amount of the minimum supplement for the part not collected, since article 59 of the LGSS ties the supplement to the sum of the pensioner’s income not exceeding the thresholds set each year in the Budget Law. When the pensioner terminates the partial contract and returns to collect 100%, it is recalculated and, if the income requirements are met, it is recovered.
The gender gap supplement is also excluded (for those who had it recognized) during the part of the pension not collected. Upon returning to 100% pension, it is restored.
Is it compatible with other pensions?
Flexible retirement is compatible with the widow’s pension that may be collected upon the death of the spouse. It is not compatible with permanent disability benefits in the same regime or with unemployment benefits for the part not worked.
If the pensioner is self-employed, he cannot benefit from the flexible option in the strict sense: the modality requires an employment contract. Self-employed people who want to continue their activity and collect a pension must use active retirement, regulated in article 214 of the LGSS.
How is it different from active retirement?
They are two modalities that at first glance look similar but address different situations:
| Feature | Flexible retirement | Active retirement |
|---|---|---|
| Who can request it? | Pensioner already 100% retired | Worker who reaches ordinary age |
| Type of day | Partial only (25-50% of usual) | Complete or partial |
| % of pension collected | Inverse of the day worked | From 45% to 100% depending on delay |
| Compatible with complement to minimums | No | No |
| Regime | Only someone else’s account | Third party and own account |
| Requires delaying retirement | No | Yes (minimum 1 year) |
Those who have already retired and want to return to work should choose the flexible option. Those who reach the ordinary age and prefer not to stop working can opt for the active or the delayed option (if they want to postpone the collection of the pension to collect a larger supplement).