A woman managed to retire at the age of 56 with 100% of her pension after the Superior Court of Justice of the Basque Country corrected an error by the Spanish Social Security, which had denied her this right for not correctly applying the reduction coefficients provided for people with disabilities. The case set an important precedent regarding the retroactive application of these coefficients and the recognition of disability from birth.
The protagonist of the decision, named Gracia, had requested early retirement at the age of 56 because she was 68% disabled. However, Spanish Social Security rejected the request, claiming that it did not meet the minimum age requirement. The argument was based on the fact that the disability was only officially recognized in 2005, which, according to the institution, invalidated the application of the coefficients from the beginning of working life.
Gracia was born completely deaf and mute, a limitation that profoundly affected her hearing and expressive abilities. He communicated using sign language and had worked for 36 years and 6 months. Faced with the refusal, he filed an administrative complaint, but this was also rejected, according to the Spanish digital newspaper Noticias Trabajo.
Determined, she took the case to Labor Court No. 2 of Vitoria-Gasteiz, which ruled in favor. The court recognized that the disability was congenital and that, therefore, it should be considered from the beginning of the contributory career. Therefore, it determined that Gracia was entitled to early retirement with 100% of the regulatory base, which corresponded to a monthly pension of 2,070.20 euros.
Correction of Social Security error
The decision, challenged by Social Security, was eventually confirmed by the Superior Court of Justice of the Basque Country. The judges concluded that the public body failed to correctly apply the age reduction coefficients for people with disabilities greater than 65%.
According to ruling STSJ PV 2644/2023, the administration has applied the coefficients only since 2005, when the formal recognition of the degree of disability was issued, ignoring that the limitation was previous and permanent. The court understood that the reducing coefficient of 0.25 should be applied retroactively to the entire period of service, recognizing that the disability had been constant since childhood, according to the same source.
Right to early retirement and retroactive payment
With this decision, Gracia obtained the right to retire at the age of 56, receiving a 100% pension, worth 2,070.20 euros per month. Furthermore, Social Security was ordered to pay the amounts outstanding since the date of the initial refusal, in December 2020.
In total, the amount to be received through retroactive payments amounts to approximately 66,246.40 euros, corresponding to more than two years of unpaid pensions.
Law that allows reducing the retirement age
Royal Decree 1539/2003, in force in Spain, establishes that workers with a degree of disability equal to or greater than 65% can bring forward their retirement age without suffering cuts in the value of their pension, says the same source.
In these cases, the effective working time is multiplied by a reducing coefficient of 0.25, or 0.50 if the worker needs help from third parties for the most basic acts of life. This reduction may allow access to retirement up to a minimum age of 52.
It is important to distinguish this regime from that provided for in Royal Decree 370/2023, which regulates early retirement at age 56 for people with a disability equal to or greater than 45%, as long as the cause of the limitation falls within the illnesses set out in Annex I of that standard.
In Gracia’s case, the applicable legal framework was that of Royal Decree 1539/2003, as he had a grade higher than 65% and a disability recognized as permanent, which gave him a 100% pension, the .
What if it happened in Portugal?
In Portugal, early retirement due to disability has a specific legal framework that aims to protect workers with significant disabilities, guaranteeing them access to the pension without unfair penalties. The theme has been adjusted over the years, following social changes and the need for greater equity in the contributory system.
Currently, according to Law No. 5/2022 and Decree-Law No. 18/2023, early retirement due to disability applies to people with a degree of disability equal to or greater than 80%, who have reached 60 years of age and have at least 15 years of contributory career with that degree of disability, considering the last 15 years.
In these cases, the pension is awarded without applying the sustainability factor and without any penalty, and cannot, however, be accumulated with the exercise of professional activity.
Recognition of disability
Furthermore, recognition of disability is done through a multipurpose certificate issued by the medical board, and the recognized degree may have retroactive effects if it is proven that the disability predates the assessment date.
As in Spain, the worker could go to court to demand the application of these retroactive effects over the entire contribution period.
If a person in Portugal was born with a serious disability such as total deafness and had a long contributory career, a Portuguese court could also recognize the right to early retirement without penalties, applying the bonus coefficients provided for by law.
The big difference would reside in the minimum degree required, but the principle of justice and administrative correction would be the same: recognizing the full right to a pension whenever the disability has existed since birth and has influenced the entire working life.
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