Pension accumulation is a topic that generates frequent doubts among workers and retirees, especially when situations of incapacity and different forms of retirement are involved. A recent case decided in Spain, between a retired person and Social Security, clarified the limits of the law and reignited the debate about the extent to which it is possible to receive two benefits at the same time, when they result from different professional careers.
A pensioner managed to have his right to receive, simultaneously, a total permanent disability pension and a partial retirement pension recognized in court, after Spanish Social Security suspended one of the benefits. The decision came from the Superior Court of Justice of Cantabria, which contradicted the understanding of Spanish Social Security and ruled in favor of the beneficiary.
According to the sentence, cited by the Spanish digital newspaper Noticias Trabajo, Carlos Antonio was declared in a situation of total permanent incapacity in July 2007 for his usual profession as train driver manager. This pension was calculated based on a regulatory base of 1,877.18 euros, applied at the legal rate of 55%, which resulted in a monthly value of 1,032.45 euros.
As it was a total and not absolute disability, Spanish law allowed him to carry out another professional activity compatible with his limitations. So, in 2008, he started a new job as a doorman in a company, accumulating his salary with his disability pension.
After several years in this situation, in February 2024, Social Security recognized his right to partial retirement, with a monthly pension of 1,569.14 euros. However, in that same decision, it considered that the new benefit was incompatible with the permanent disability pension and ordered the suspension of the latter, as it was of a lower value, based on article 163 of the Spanish General Social Security Law.
Not agreeing with this interpretation, the pensioner appealed to the courts, arguing that both pensions originated from different professional activities and that, therefore, they should be compatible.
The courts ruled him right
Both the Social Court No. 6 of Santander and, later, the Superior Court of Justice of Cantabria confirmed the worker’s right to receive both benefits simultaneously. The key to the decision was the fact that pensions result from distinct professional careers without any connection between them, according to the same source.
The court explained that the permanent disability pension awarded in 2007 related to the role of chief engineer, a task that the beneficiary was no longer able to perform. The partial retirement originated from his later work as an orderly, an activity compatible with his physical condition.
In this context, the judges considered it “completely logical” for the worker to receive the retirement pension as a replacement for the income lost in the second job, without this implying the loss of the benefit that already compensated for the incapacity for the initial profession.
The issue of legal incompatibility
The conflict centered on the interpretation of the partial retirement regime, regulated by Royal Decree 1131/2002, published in the Boletín Oficial del Estado. Social Security argued that article 14, no. 2, subparagraph c), prohibited the simultaneous receipt of two pensions.
However, the Superior Court of Justice clarified that this incompatibility only applies when permanent incapacity and partial retirement refer to the same job or the same contract. If this is not the case, and in the case of a job other than the one that gave rise to the incapacity, there is no legal basis for suspending the pension.
The judges also recalled that the total permanent disability pension corresponds to only 55% of the calculation base precisely because the law assumes that the beneficiary can carry out another professional activity. When this second job ends through partial retirement, the new pension replaces this salary, and both must coexist until the transition to total retirement.
Thanks to this decision, the pensioner will be able to receive a total of 2,601.59 euros monthly and recover the amounts that were withheld during the period in which the disability pension was suspended, according to the .
Framework in Portugal
In Portugal, the general rule is similar regarding the logic of permanent incapacity. The relative disability pension, awarded when the worker can still exercise another compatible profession, allows accumulation with work income (DL no. 187/2007, article 58), but with limits (different depending on whether it is the same profession or another, in accordance with article 59) and with a possible reduction of the pension if these limits are exceeded (article 60).
However, in the case of reform, Portuguese legislation tends to be more restrictive. The accumulation of a disability pension with an old-age pension is, as a rule, not permitted, with the disability pension being converted into an old-age pension when the beneficiary reaches legal retirement age. Even so, specific situations may depend on the contributory career, the type of disability recognized and the nature of the activities carried out.
This Spanish case shows how the courts’ interpretation can be decisive when there are different professional paths throughout working life, reinforcing the importance of analyzing each specific situation and, whenever necessary, resorting to specialized legal advice.
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