The soap opera of the revaluation of pensions could close the chapter. The Government and the social partners will carry out, within the framework of social dialogue, a periodic evaluation every five years of the effects of the new formula for the revaluation of pensions with the CPI, to which the Minister of Inclusion, Social Security and Migrations finally agreed. , José Luis Escrivá , for the maintenance of purchasing power.
This is reflected in the draft agreement on pensions sent yesterday to unions and employers to which Europa Press has had access . The aforementioned evaluation of the effects of the annual revaluation will be transferred to the Toledo Pact and “will contain a proposal for action if it is necessary to correct any deviation to preserve the maintenance of the purchasing power of pensions,” according to the text.
This additional rule, included in the reform of the new revaluation formula, has the reinforced objective of preserving the maintenance of the purchasing power of pensions and guaranteeing the economic sufficiency of pensioners.
The new revaluation system will guarantee the maintenance of purchasing power through the increase in pensions on January 1 of each year in accordance with the average inflation registered in the previous year. In addition, it is collected that in the case of negative inflation, pensions “will not suffer any reduction, leaving that year unchanged.”
On the other hand, on the reducing coefficients that apply to early retirement , the text says that the reducing coefficients corresponding to retirement for reasons not attributable to the worker will be applied in those cases in which the person who retires early voluntarily is receiving unemployment benefit for at least three months before.
The draft states that, in order to reinforce the equity of this type of pension, the reducing coefficients will be applied to the amount of the pension, respecting the maximum limitation. In addition, the elimination of the regulation so far applicable in the cases in which the theoretical pension was above this limit will be done progressively over a period of 12 years .
“This forecast, together with future increases in the maximum pension during the transitional period, will serve to absorb the effect of the measure for those workers who contribute above the maximum pension,” says the text, which specifies that its application is conditioned to the subsequent determination of that path of raising the maximum pension.
Reductions for early retirement
For those with contributions for less than 38 years and 6 months, advancing their retirement by 24 months will mean a reduction of between 21% and 3.26% (1 month before); For those with more than 38 years of contributions and 6 months, but less than 41 years and 6 months, the maximum reduction will be 19% (24 months) and the minimum of 3.11% (1 month).
For its part, the reducing coefficient will become 17% if those with contributions over 41 years and 6 months, but less than 44 years and 6 months, retire two years earlier. If they do it a year before, the reduction will be 2.96%.
Finally, those who are more than 44 and a half years old will have a reduction of 13% for retiring two years earlier, but this will be modulated as they approach their age of access to retirement and will stand at 2.81% a year before.
On the other hand, regarding involuntary early retirement , modifications are introduced to the causes of contractual termination that give the right to access this modality, the applicable coefficient on the pension will be determined per month in advance of retirement and not per quarter.
In addition, in relation to the two years immediately prior to the ordinary retirement age, the same coefficients are applied in the determination of the involuntary early retirement pension as in the voluntary modality in those cases in which the new coefficient is more favorable than the one currently in force.
Additionally, the reducing coefficient corresponding to each of the six months prior to the ordinary retirement age is lowered with respect to those proposed for voluntary retirement.
Indicators of dangerousness or distress
On the other hand, it indicates that the modification of the application procedure for early retirement is agreed due to the activity and the indicators of danger or hardship that determine access to this type of early retirement are specified in greater detail.
In addition, it establishes that the requests to initiate the procedure must be formulated jointly by the most representative trade union and business organizations; or by trade union organizations and the corresponding administration when the procedure affects public administration personnel.
With regard to applications already submitted, the Ministry of Inclusion, Social Security and Migration will establish a calendar for the resolution of the files.
Delayed retirement and active retirement
In the case of delayed retirement, the draft provides that contributions will not be made for common contingencies, except for temporary disability, as of the ordinary retirement age that corresponds in each case.
It also offers three types of incentives for delayed retirement, to be chosen by the worker, for each year of delay: an additional percentage of 4% (which will be added to the corresponding percentage according to the number of years contributed and will be applied to the respective regulatory base for the purpose of determining the amount of the pension); a lump sum (single payment) depending on the amount of the pension and rewarding the longest contribution careers, or a combination of these two measures. The single payment will range from a minimum of 4,786.27 euros to a maximum of 12,060.12 euros.
On the other hand, a condition for accessing active retirement will be required for at least one year after reaching the ordinary retirement age.
Within a maximum period of twelve months, the Government will review, within the framework of social dialogue with trade union and business organizations, this type of retirement in order to correct the differences existing between special regimes and systems and favor the maintenance of the activity of older workers, while preserving the sustainability of the system.
Forced retirement clauses are prohibited
Regarding forced retirement, the draft contemplates the prohibition of the conventional clauses of collective agreements that determine the forced retirement of the worker due to the fulfillment of an age lower than 68 years, but those that would have been included in collective agreements may be applied to the protection of the legislation until now in force as long as they remain in force.
With the aim of favoring the permanence of older workers in the labor market, the pension reform contemplates establishing a 75% reduction in employer contributions to Social Security for common contingencies during the temporary disability situation of those workers who they would have turned 62 years old.
Among the measures to improve the quality of the protective action, the draft states that, in six months, a review of the regulatory framework for access to the widowhood pension of common-law couples will be addressed within the framework of social dialogue in order to to approximate the conditions of access of this group to that of couples constituted in marriage.
The safeguard clause will remain in its current regulation indefinitely, so that it extends its effects beyond January 1, 2022, guaranteeing coverage of all the people that it was originally intended to protect with the aforementioned clause. With this extension, all workers who left the labor market in the previous crisis will be allowed to apply the pre-existing retirement regime before the 2011 pension reform.
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