The contributory retirement pension depends on reaching the ordinary age and accumulating a minimum of 15 years of contributions (generic waiting period), of which at least two are within the last fifteen years (specific waiting period). Furthermore, for those who have been self-employed, it is necessary to be up to date with the payment of contributions; Otherwise, Social Security will reject the pension.
This is established in article 47 of the General Law of Social Security (available in this BOE) where it establishes that, when the worker is responsible for the payment of his contributions, to recognize economic benefits (such as retirement), it is necessary that the deceased be up to date with the payment, even if the pension is recognized by reciprocal calculation in an employment regime.
In other words, we cannot have debts with Social Security, since if a person contributed as self-employed in the RETA and has debts with the Treasury, Social Security may consider that they do not meet the requirement and, consequently, deny retirement at that time. This will affect even those workers with long contribution careers.
What happens if I request retirement and have debts as a self-employed person?
Before Social Security denies the pension, the General Social Security Law establishes a mechanism to be up to date, which is known as “invitation to payment.” Article 47 itself expressly refers to this system so that the interested party can regularize their situation.
An important nuance comes in here, and that is that being up to date can be maintained in a “conditional” manner if there is a postponement granted. However, the law also warns that if this deferral is not complied with, the consideration of being up to date is lost and the immediate suspension of the benefit being received can be agreed upon, which will only be reactivated when all the debt is settled.
Furthermore, for pension purposes, the General Social Security Law contemplates that contributions for the month of the causative event and the two previous months can be presumed to have been paid, but the managing entity later checks whether the payment was real. If it was not, the payment is suspended and the withheld monthly payments are applied to amortize the debt until it is extinguished.
However, retirement is not only “turning old and having contributions”, but also not carrying overdrafts with Social Security. And if they exist, it is advisable to resolve them as soon as possible, because the debt can block access to the pension or interrupt its collection if the situation breaks down due to subsequent non-compliance.