AISS
Promouvoir et développer la sécurité sociale à travers le monde.
Espagne
Population totale (Mio):  45.3
PNB per capita (USD):  31560
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Old Age, Disability and Survivors

Regulatory Framework
First law: 1919.

Current law: 1994 (Royal Legal Decree No.1/1994 of 20 June, on Social Security), with 1994, 1997, 2001, 2002, 2003, and 2007 amendments.

Type of program: Social insurance system.

Note: Noncontributory pensions and in-kind complementary benefits are provided for elderly persons and disabled persons.
Coverage
Employees in industry, commerce, and services are covered according to 11 occupational classes. (Insured persons who leave covered employment may sign a special agreement to continue coverage.)

Voluntary coverage is not possible.

Special systems for public-sector employees, armed forces personnel, self-employed persons, agricultural workers and small farmers, household workers, seamen, and coal miners.
Source of funds
Insured person: 4.7% of covered earnings.

The insured's contributions also finance sickness, maternity, paternity, and work injury benefits.

The minimum monthly earnings for contribution calculation purposes are €738.85; the minimum daily earnings for contribution calculation purposes are €24.27.

The maximum monthly earnings for contribution calculation purposes are €3,198; the maximum daily earnings for contribution calculation purposes for certain occupational classes are €106.60.

Self-employed person: Between 26.5% and 29.8% of earnings.

Employer: 23.6% of covered earnings.

The employer's contributions also finance sickness, maternity, paternity, and work injury benefits.

The minimum monthly earnings for contribution calculation purposes are €738.85; the minimum daily earnings for contribution calculation purposes are €24.27.

The maximum monthly earnings for contribution calculation purposes are €3,198; the maximum daily earnings for contribution calculation purposes for certain occupational classes are €106.6.

Government: An annual subsidy.
Qualifying conditions
Old-age pension: Age 65 with at least 15 years of contributions, including at least 2 years of contributions in the last 15 years.

The retirement age may be reduced to age 64 if the position of the retiring worker is to be taken by a person registered as unemployed. The retirement age is lower for arduous, dangerous, or unhealthy work.

The retirement age is reduced for persons with assessed disabilities of 65% or more (45% or more if the assessed disability is expected to reduce life expectancy). The normal retirement age is reduced by a period of 0.25% of the insured's total contribution period before the certified disability began (0.5% if the person requires constant attendance), and a period of the same duration is credited as a contribution period for pension calculation purposes.

Early pension for unemployed persons: Age 61 with at least 30 years of contributions. The insured must be involuntarily unemployed and registered as a job seeker for at least 6 months before applying for the pension.

A reduced pension is paid to a pensioner in part-time (from 25% to 80%) employment or at age 60 to insured persons who voluntarily contributed to a labor mutual benefit society before 1967.

Partial pension: Age 61 with at least 18 years of contributions (unless the insured voluntarily contributed to a labor mutual benefit society before 1967), including 2 years of contributions in the last 15 years, with working time reduced to between 25% and 85% of full working time. For insured persons who partially retire before age 65, the hours of reduced working time must be filled by a person registered as unemployed.

Deferred pension: The pension may be deferred from age 65 to age 70 if the insured has at least 15 years of contributions including at least 2 years of contributions in the last 15 years.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90; €8,076.80 with a dependent spouse.

Benefits are payable abroad under reciprocal agreement.

Disability pension: Paid for the loss of normal earning capacity. If younger than age 31, the insured must have contributed during 33% of the period between age 16 and the date the disability began; if age 31 or older, the insured must have contributed during 25% of the period from age 20 to the date the disability began and have at least 5 years of contributions, including 20% of contributions paid in the last 10 years. The insured must not qualify for an old-age pension.

A multiprofessional Team for Disability Assessment under the supervision of the National Institute of Social Security assesses and reviews the disability.

Constant-attendance supplement: Paid if the insured requires the constant attendance of others to perform daily functions.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90; €8,076.80 with a dependent spouse.

Benefits are payable abroad under reciprocal agreement.

Survivor pension: The insured had at least 500 days of contributions in the last 5 years and died from a common illness, was a pensioner at the time of death, or had at least 15 years of contributions at the time of death.

If the insured's death was caused by an accident, no previous contribution periods are required.

Eligible survivors are a widow(er) who must have been married to the deceased for at least a year (lived with the deceased for a total of at least 2 years or had children with the deceased); children younger than age 18 (age 22 if unemployed or earning less than 100% of the minimum wage, age 24 if a full orphan and earning less than 100% of the minimum wage, no limit if disabled); and, in order of priority, grandchildren, brothers and sisters younger than age 18 (no limit if disabled), parents, grandparents, and brothers or sisters older than age 45.

The monthly minimum wage is €633.30.

All survivors must have lived with the deceased, be economically dependent, and satisfy an earnings test.

The pension ceases on remarriage, except under certain conditions of income, age, or disability, for which a partial or full pension may continue to be paid.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90.

Benefits are payable abroad under reciprocal agreement.
Cash benefits for insured workers (except permanent disability)
Old-age pension: The monthly pension is 50% of covered earnings in the last 180 months divided by 210 for the first 15 years of contributions plus 3% of covered earnings for each year of contributions from 16 to 25 years of contributions plus 2% of covered earnings for each year of contributions exceeding 25 years, up to 100%.

The minimum monthly covered earnings for benefit calculation purposes are €738.85.

The maximum monthly covered earnings for benefit calculation purposes are €3,198.

The minimum monthly pension at age 65 is €557.50; €725.20 with a dependent spouse.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90; €8,076.80 with a dependent spouse.

The maximum monthly pension is €2,466.20 (€34,526.80 a year).

Schedule of payments: Fourteen payments a year.

Early pension for unemployed persons: The pension is reduced for each year the pension is taken before age 65 according to the number of years of contributions: by 7.5% a year with 30 to 34 years of contributions, by 7% with 35 to 37 years of contributions, by 6.5% with 38 to 39 years of contributions, or by 6% with 40 years or more of contributions.

The minimum early pension before age 65 is €519.50; €679.70 with a dependent spouse.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90; €8,076.80 with a dependent spouse.

Partial pension: A reduced pension is paid. The minimum partial pension is based on the minimum pension at age 65 and is calculated in proportion to the reduction in working time.

Deferred pension: The pension is increased by 2% for each year of deferral after age 65 until age 70; increased to 3% if the insured has at least 40 years contributions.

The maximum monthly deferred pension is €2,466.20 (€34,526.80 a year).

A proportionately reduced pension is paid to pensioners who remain in part-time employment.

Benefit adjustment: Benefits are adjusted annually in January according to changes in the consumer price index.
Permanent disability benefits for insured workers
Disability pension: For a 100% loss of working capacity for any type of work, the pension is 100% of the insured's monthly base earnings.

If the disability is the result of a nonwork-related accident, the monthly base earnings are the insured's earnings in any continuous 24-month period in the last 7 years divided by 28. If the disability is the result of a common illness, the monthly base earnings are the insured's earnings in the last 96 months divided by 112. If the disabled person is not insured and the disability is the result of a nonwork-related accident or common illness, the monthly base earnings are the insured's earnings in the last 96 months divided by 112.

The minimum monthly earnings for benefit calculation purposes are €738.85.

The maximum monthly earnings for benefit calculation purposes are €3,198.

The minimum monthly pension is €557.50; €725.20 with a dependent spouse.

Constant-attendance supplement: 50% of the pension is paid.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90; €8,076.80 with a dependent spouse.

The minimum monthly pension with the constant-attendance supplement is €836.25; €1087.80 with a dependent spouse.

Schedule of payments: Fourteen payments a year.

Benefit adjustment: Benefits are adjusted annually in January according to changes in the consumer price index.

Total permanent disability pension: For a total loss of working capacity in the usual job, the pension is 55% of the insured's monthly base earnings. The pension may be increased to 75% of the insured's monthly base earnings if the insured is older than age 55.

If the disability is the result of a nonwork-related accident, the monthly base earnings are the insured's earnings in any continuous 24-month period in the last 7 years divided by 28. If the disability is the result of a common illness, the monthly base earnings are the insured's earnings in the last 96 months divided by 112. If the disabled person is not insured and the disability is the result of a nonwork-related accident or common illness, the monthly base earnings are the insured's earnings in the last 96 months divided by 112.

The minimum monthly earnings for benefit calculation purposes are €738.85.

The maximum monthly earnings for benefit calculation purposes are €3,198.

The minimum monthly pension is €519.50 if aged 60 to 64 when the disability began (€679.70 with a dependent spouse); €557.50 from age 65 (€725.20 with a dependent spouse).

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90; €8,076.80 with a dependent spouse.

Schedule of payments: Fourteen payments a year.

Benefit adjustment: Benefits are adjusted annually in January according to changes in the consumer price index.

Partial permanent disability benefit: For a partial loss of working capacity of at least 33% in the usual job, a lump sum of 24 months of the insured's daily average earnings in the last calendar month before the disability began is paid.

The minimum monthly earnings for benefit calculation purposes are €738.85.

The maximum monthly earnings for benefit calculation purposes are €3,198.

Benefit adjustment: Benefits are adjusted annually in January according to changes in the consumer price index.
Survivors benefits for dependents
Survivor pension: The monthly pension is 52% of the deceased's base earnings or, if the deceased was a pensioner, 52% of the adjusted base earnings for pension calculation purposes; 70% if there are dependent children and assessed income is below a government-set level.

The monthly base earnings are the deceased's earnings in the 24 best months in the last 15 years before death divided by 28.

The minimum monthly earnings for benefit calculation purposes are €738.85.

The maximum monthly earnings for benefit calculation purposes are €3,198.

The minimum monthly survivor pension is €449.90; €549.80 if aged 60 to 64; €587.80 if aged 65 or with an assessed degree of disability of 65% or more; and €679.70 if there are dependent family members.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90.

If the surviving spouse was divorced or legally separated from the deceased, a reduced pension is paid based on the period of time that the survivor lived with the deceased.

Schedule of payments: Fourteen payments a year.

Orphan's pension: Each orphan receives 20% of the deceased's base earnings a month.

The monthly base earnings are the deceased's earnings in the 24 best months in the last 15 years before death divided by 28.

The minimum monthly earnings for benefit calculation purposes are €738.85.

The maximum monthly earnings for benefit calculation purposes are €3,198.

The minimum monthly orphan's pension is €179.40 for each orphan (€353.20 if disabled and younger than age 18); €179.40 plus €444.90 is split among two or more eligible orphans.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90.

Schedule of payments: Fourteen payments a year.

All survivor benefits combined must not exceed 100% of the deceased's base earnings; otherwise, the widow(er) pension is paid in full and the pensions for orphans are reduced accordingly.

Other eligible survivors: If the sum of the widow(er)'s and orphan's pension does not exceed 100% of the deceased's base earnings, a pension is paid to other survivors according to their order of priority. The pension is 20% of the deceased's base earnings, which can be increased by the widow(er)'s pension in the absence of a surviving spouse or eligible surviving children.

The monthly base earnings are the deceased's earnings in the 24 best months in the last 15 years before death divided by 28.

The minimum monthly earnings for benefit calculation purposes are €738.85.

The maximum monthly earnings for benefit calculation purposes are €3,198.

The minimum monthly pension is €179.40 for each other eligible survivor. In the absence of an eligible widow or orphan, the minimum monthly pension for one beneficiary is €433.90 if aged 65 or older (€408.60 if younger than age 65); €179.40 plus €265.50 is split equally among several beneficiaries.

Earnings test: The maximum annual earnings (excluding the pension) of a pensioner receiving the minimum pension must not exceed €6,923.90.

All survivor benefits combined must not exceed 100% of the deceased's base earnings.

Schedule of payments: Fourteen payments a year.

Benefit adjustment: Benefits are adjusted annually in January according to changes in the consumer price index.

Funeral grant: €39.08 is paid.
Administrative organization
Ministry of Labor and Social Affairs (http://www.mtas.es) provides general supervision.

Ministry of Labor and Social Affairs
Social Security State Secretariat,
C/. Agustín de Bethencourt, 4,
28003 Madrid,
Spain

Tel.: +(34) 91 363 00 00
Fax: +(34) 91 363 03 14

General Treasury of Social Security (http://www.seg-social.es) administers the economic resources of the social security system, registers employers and insured persons, and collects contributions.

General Treasury of Social Security
C/. Astros, 5 y 7,
28007 Madrid,
Spain

Tel.: +(34) 91 503 80 00
Fax: +(34) 91 503 84 12

National Institute of Social Security (http://www.seg-social.es), under the Ministry of Labor and Social Affairs, administers and pays cash benefits.

National Institute of Social Security
C/. Padre Damián, 4 y 6,
28036 Madrid,
Spain

Tel.: +(34) 91 568 83 00
Fax: +(34) 91 564 04 84

Institute of Elderly and Social Services (http://www.seg-social.es/imserso) administers noncontributory pensions and in-kind complementary benefits for elderly persons and persons with disabilities.

Institute of Elderly and Social Services
Avda. de la Ilustración, s/n, c/v a c/Ginzo de Limia, 58,
28029 Madrid,
Spain

Tel.: +(34) 91 363 88 88
Fax: +(34) 91 363 85 95
Réponse à la dernière enquête: 01 Janvier 2010
Dernière mise à jour AISS: 01 Janvier 2010
Taux de change: US$1.00 equals 0.70 euros (€).

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