A 70-year-old Spanish woman was denied her retirement pension, even though she had contributed more than 17 years throughout her life. The reason is related to a little-known legal detail: not having even one day of contribution in the last 15 years, a necessary condition to fulfill the so-called specific deficiency.
According to the Spanish digital newspaper, Noticias Trabajo, Francisco Miralles, to be entitled to the contributory retirement pension it is necessary, in addition to reaching the minimum of 15 years of contributions, that at least two of these years are included in the last fifteen years prior to the request.
First attempt and initial refusal
The worker submitted her first pension application in 2017, accounting for 17 years, 6 months and 23 days of accumulated contributions. At the time, the request was rejected for not meeting the legal retirement age, according to Law 27/2011.
In 2018 he requested the pension again, but this time the denial was motivated by non-compliance with the specific grace period provided for in article 205.1.b of the General Social Security Law. This article establishes that it is mandatory to have at least 730 days of contributions in the 15 years prior to the date of the request.
Attempt at age 70 and new obstacles
Even though she was already 70 years old, the applicant insisted and submitted a new application in 2022, which was again rejected for the same reason. According to the court’s ruling, “on the date of the triggering event (15/07/2022) there were no days quoted in the last 15 years, instead of the 730 required by article 205.1.b) of the LGSS”.
Request for recognition of women’s social work
Faced with the situation, the woman appealed to the court, asking that the time spent in female social service, completed between July 1, 1974 and August 22, 1976, be considered as time of effective contribution. His argument was based on the equivalence of men’s mandatory military service, which in certain situations early or partial retirement can be counted.
The Juzgado de lo Social number 2 of Palencia rejected the claim, explaining that the law only allows this recognition in cases of early or partial retirement.
Appeal to the Superior Court of Justice
The decision was upheld in the Superior Court of Justice of Castilla y León. The woman maintained that the interpretation should have a gender perspective, using article 205 of the LGSS, the Supreme Court Judgment 115/2020 and the additional provision 28th of Law 27/2021, which provides for studies of compensatory measures in matters of Social Security.
Even so, according to the same source, the court maintained its denial, highlighting that the Supreme Court’s jurisprudence only applies to early or partial reforms, not to ordinary reform, which is the type requested.
Alternative to contributory pension
As mentioned by , the case illustrates the importance of knowing in detail the requirements of Social Security legislation, particularly the specific deficiency, which in this case was decisive in preventing access to the contributory pension.
The woman may also have access to the non-contributory retirement pension, if she meets the required criteria, according to Francisco Miralles, a website specializing in information on labor legislation and social security.
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