This is the
retirement (of the civil servant) and occurs for various reasons:
In order to be entitled to an ordinary retirement pension a minimum period of
15 years of years serving the State is required.
The amount of the ordinary pension is determined by applying the corresponding
regulatory basis , according to the Corps or category of the civil servant, the
percentage established depending on the number of full years of effective service to the State.
Regulatory bases (bases for the calculation of the Passive Class pensions): they are set annually in the Law of General State Budgets for each group, subgroup (Law 5/2015) of classification in which the different Corps, Scales, posts or jobs of civil servants are included.
For 2020 they are as follows:
Grupo / Subgrupo EBEP
of the regulator
of the regulator
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When services have been rendered in two or more Corps of categories with a different regulatory base, the whole administrative record of the civil servant will be taken into account to calculate the retirement or discharge pension from the moment they joined the first Corps and any other successive corps until they left active service. The following formula will be applied:
P = R1 x C1 + (R2 - R1) x C2 + (R3 - R2) x C3 + ….
P is the amount of the retirement pension
R1, R2, R3... the regulatory bases corresponding to the first and successive Corps and Scales where the person has been employed
C1, C2, C3....the percentages of calculations corresponding to full years of effective service rendered since they joined the first Corp, Scale... until retirement or discharge, in accordance with the previous percentage table.
To determine the applicable percentage, the fractions of time above one year will be calculated as time corresponding to the services rendered subsequently until the services rendered last, where the surplus resulting time will not be counted.
Pursuant to Additional Provision Seventeen of the
Consolidated Text of the Law on State Pensioners, approved by Royal Legislative Decree 670/1987, of 30 April, Civil Service retirement pensions earned before 1 January 2015, shall be subject to the provisions in Article 210.2 of the Consolidated Text of approved by Royal Legislative Decree 8/2015, of 30 October.
The additional percentage of interested person for each full year of effective service to the State, between the date of 65th birthday and the date of event giving rise to the pension, the amount of which will depend on the service years credited in the first of indicated dates, will be recognized according to the following scale:
If the amount of pension with the increase exceeds the maximum limit of perception of public pensions (2.683,34 EUR/month for 2020) an additional amount will be received which added to the pension may not exceed the regulator having of Group / Subgroup A1 (3.013,14 EUR/month for 2020).
The retirement pension by reason of permanent disability for service is calculated the same way as the ordinary retirement pension by reason of age, with the peculiarity that when that pension occurs while the individual is a civil servant in active service or a comparable situation, the whole years until the civil servant is of retirement age shall be considered effective services, in addition to those accredited until that time, these being understood as rendered in the Corps, Scale, post, job or category in which the individual is occupied at the time of cessation by reason of retirement.
as of January 1, 2009, when, at the time the event occurs, the individual concerned accredits fewer than twenty years of service and the
disability does not prevent him or her from all professions or occupations the amount of the
ordinary retirement pension shall decrease by 5% for each whole year of service remaining until 20 years of service are reached, with a maximum of 25% for those individuals accrediting 15 years or fewer of service. If, after the pension has been recognised and before retirement age has been reached, the illness or injury of the individual concerned deteriorates in such a way that it prevents him or her from carrying out any profession or occupation, the amount of the pension may be increased by up to 100% of what would have corresponded to the individual.
Solicitud de incremento de pensión por agravamiento de enfermedad (pdf)
The First Transitory Disposition of the
Codifying Legislation of the State Passive Class Law establishes that the civil and military civil servants of the State Administration who joined before 1 January, 1985, and who before that date had been transferred from one corps, scale, post or job with a given index of proportionality assigned to it to render services in another with a higher index of proportionality, will be entitled, for the calculation of their pension, to up to a maximum of ten years of the years effectively served in the corps, scale, post or job of the smaller of the indexes of proportionality, as if they had been rendered in the greater one.
Voluntary civil servant retirement pensions are excluded from this special service calculation.
For the purpose of passive rights, obligatory military service and the equivalent community service – now suppressed - are only taken into account for the determination of the pensions of civil servants when they had been completed after they joined the Civil Service.
If these services had been done before admission to the civil service, only the time served beyond the obligatory military service period will be taken into account.
Royal Decree 691/1991, of 12 April, on the reciprocal calculation of contributions between Social Security systems, makes it possible, at the request of the interested party, to add up successive or alternative periods of contribution accredited in the State Passive Class System and in the different Social Security Systems, both for the accrual of entitlement to a pension and for determining the percentage applicable for the calculation thereof.
The pension is recognised by the Organ or Organisation Managing the System to which the last contributions had been made, applying its own regulations, albeit taking into account the sum total of the periods, unless the conditions required for entitlement to a pension in the system in question were not met, in which case the other system will prevail.
When recognition of the pension corresponds to the Passive Class System, the periods of contributions totalled and accredited in another system are understood to have been rendered in the group or category resulting from the application of the following
tables of equivalence:
In order to incorporate the years of contribution in the Civil Service Scheme into Social Security pensions, in application of the reciprocal calculation of contributions between Social Security schemes (Royal Decree 691/1991 of 12 April) the interested party must request certification of services provided to the State through Form CS issued by the ministerial department or Autonomous Community where the civil servant was last assigned.
Royal Decree 432/2000, of 31 March 2000, regulates the calculation in the State Passive Class System of the periods recognized as Social Security contribution periods in favour of Catholic Church priests, monks or nuns, as well as of lay members of any of the secular institutes of the Catholic Church entered in Ministry of Justice Register of Religious Entities at 1 January 1997 who has ceased to belong to the religious profession or to be a member of such secular institutes.
The aforementioned Royal Decree makes it possible to sum up these periods, at the application of the interested party and provided that they do not overlap with the years of service accredited in the State Passive Class System, both to be eligible for a pension in this social protection system and to improve the amount thereof, although in no case may the years resulting from the aforementioned summation surpass the figure of thirty-five.
The most relevant aspects to be taken into account are:
The personnel included in the subjective scope of the State Passive Class System -except those referred to in letters i) and j) of Article 2.1 of the
Codifying Legislation of the Passive Class Law - who
lose the condition of civil servant retain the passive rights that they may have acquired for themselves or their relatives until that moment.
However, such staff will acquire the right to an ordinary disability retirement pension only when they become totally incapacitated from following any trade or profession before reaching retirement age.
Acknowledgement of the civil service rights arising for these staff will always occur at the request of a party once the requirements have been met in each case. A prior declaration of retirement is not necessary.
From 1 January 2016, women who have given birth to or adopted children and who are beneficiaries of a compulsory retirement or permanent disability for work pension will be eligible for a pension supplement of an amount equivalent to the result of applying to the pension for which they are eligible a percentage in terms of the number of children born or adopted prior to the event that gave rise to the eligibility for the pension, according to the following scale:
In no case will this maternity supplement be considered as part of the retirement pension for the purposes of determining the regulatory base in eligibility for pensions for relatives.