Gobierno de España. Ministerio de Hacienda. Secretaría de Estado de Presupuestos y Gastos - Dirección General de Costes de Personal y Pensiones Públicas
Sello Excelencia EVAM 200-299, año 2018
Clases Pasivas

Updating

 

State Pensions -as with all public pensions- are revalued according to the revaluation index established for the pensions in the corresponding General State Budgets Law or regulation

Revaluation 2019

In accordance with Royal Decree-Law 28/2018 of 28 December, on the revaluation of civil pensions and other urgent social, labour and employment measures, all civil servant pensions will be increased in 2019 by 1.6% from the amount they would have been worth in 2018 if they had been revalued at the same percentage as the average year-on-year percentage of the Consumer Price Index of each month from December 2017 to November 2018, expressed to one decimal place, which in 2018 is 1.7 per cent.

Pensions that do not increase in 2019

Pursuant to the provisions of article 1.7 of Royal Decree-Law 28/2018 of 28 December, cited above, the following civil servant pensions shall not be increased:

  1. Pensions whose full amount, added, where applicable, to the full monthly value of other public pensions received by the interested party, exceeds €2,659.41 calculated on a monthly basis when the interested party is entitled to receive 14 monthly payments per year or, in other circumstances, €37,231.74 calculated on a yearly basis.
  2. Those to which the "Camineros del Estado" are entitled and earned prior to 1 January 1985, with the exception of those that represent the only pension paid to the interested party.

Maintaining the purchasing power of pensions

Beneficiaries of civil servant pensions that have been revalued in 2018 will receive, before 1 April 2019 and in a single lump-sum payment, an amount equivalent to the difference between the pension received in 2018 and the amount which would have been payable if said pensions had been increased by the average annual percentage change in the Consumer Price Index for each of the months from December 2017 to November 2018, expressed to one decimal place, which was 1.7 per cent.

The provisions of the above paragraph will also apply to the beneficiaries of pensions with payments beginning in 2018 which were calculated taking into account regulatory bases that may be updated in that year.

For these purposes, the public pension limit for 2018 will be 2,617.53 euros per month or 36,645.47 euros per year.

Regulations for the application of the increase or modification of the values of civil servant pensions

The following regulations will apply to the application of the increase:

      1. It will apply to pensions earned prior to 1 January 2019 and to the gross monthly amount received or that would have been received by the pension holder on 31 December 2018.

     2. The amount of the pension or combination of pensions paid from the Passive Class credit that is received by a single pension holder following the relevant increase in each shall be limited to the figure of EUR 37,231.74  per year, which sum includes the regular monthly payments and any extra payments that may apply.

For widow's pensions, increases for children will not be calculated in any case for the purposes of application of the maximum payment receivable, as established in the previous paragraph.

In the event that a single pension holder has one or more Passive Class pensions and one or more other state pensions, the value of the Passive Class pension or combination of pensions will be limited to a percentage of the annual gross amount of EUR 37,231.74  which percentage will be equal to the proportion of the pension or pensions in the total public pensions paid to the pension holder.

This limit (L) is obtained by applying the following formula:

L = [CP/T] x EUR 37,231.74 per year

where "CP" is the annual theoretical gross value reached by the Passive Class pension or pensions on 31 December 2018, and "T" is the result of adding to above figure the annual gross value of the other public pensions at the same time.

     3. Having established the annual ceiling of a pension for each event and in accordance with the rules above, this ceiling is divided by the number of regular and extra monthly payments that pensioners are entitled to receive in respect of the annual payment and in accordance with applicable law. The resulting figure will constitute the monthly amount payable to the holder of the pension in each regular monthly and extra payment.

Procedure for updating

Passive Class pensions will be updated automatically for 2019  by the Directorate-General for Personnel Costs and Public Pensions of the Ministry of Finance and Public Administration.

This updating will take into account the data available on each pensioner as at 31 December 2018. However, in accordance with the provisions of the consolidated text of the Law on pensions for government officials, any recipient of a Passive Class pension may be required to furnish information regarding their financial situation for the effects set down in this regulation.

The update will be provisional until the Government can confirm the origin of the receipt of said amount, in line with any other benefits paid to the holder of the pension or pensions and the regulations on concurrence and incompatibility applicable in each case.

If, after the provisional update is made final, evidence is subsequently obtained of the payment of excess sums, the pensioner will be required to reimburse the amounts unduly paid. Notwithstanding the foregoing, in the event that the person concerned misrepresented or omitted information in his/her statement, then the appropriate actions may be brought against him/her.

Special pensions due to acts of terrorisms

In accordance with the provisions of the second paragraph of Article 1(7)(a) of Royal Decree-Law 28/2018 of 28 December, extraordinary civil servant pensions resulting from terrorist acts are exempt from the exclusionary or limiting rules laid down in the rules for updating public pensions.

In the event that, besides any of the pensions mentioned in the preceding paragraph, an individual is entitled to the payment of one or more other state pensions as at 31 December 2018, the abovementioned exclusionary or restrictive rules shall apply in respect of the latter.

Review of widow/widower's pensions

According to Royal Decree 1413/2018, of 2 December (BOE 291, 03/12/2018) the widow/widower's pensions recognised before 4 December 2018 meeting the requirements established in Article 39.3 of the consolidated text of the Law on State Pensioners, will be automatically reviewed unless the beneficiary of the pension resides abroad or if their pension is recognised by the European Regulations on the coordination of Social Security systems or Bilateral Social Security Agreements.

The economic effects of this review will come into effect from 1 August 2018 or from the date of first payment if this should be later.

El incremento de las pensiones de viudedad de clases pasivas afectadas por la modificación del apartado 3 del artículo 39 del Texto Refundido de la Ley de Clases Pasivas del Estado, efectuada por la disposición final sexta de Real Decreto-ley 28/2018, de 28 de diciembre, y que se estuvieran percibiendo en 1 de enero de 2019, tendrá efectos económicos de dicha fecha y se revisarán de oficio por los servicios competentes para su reconocimiento