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

Maximum limit

 

The Laws on General State Budgets establish a maximum annual limit for public pensions which cannot be exceeded by the public pension or sum of pensions a single beneficiary receives.

The only pensions excluded from this limit are those stemming from acts of terrorism and the complementary benefit awarded by an administrative mutual fund (MUFACE, MUGEJU and ISFAS) or by Social Security by reason of “Major Invalidity” (50% of the pension).

During 2019, this amount stands at 2,659,41 euros in full per month when the holder is entitled to receive 14 monthly payments, or otherwise 37.231,74 euros in full per year.

For these purposes, article 42 of Law 37/1988 of 28 December establishes that::

the following shall have the status of public pensions:

  1. Those paid by the State Pensions System and, in general, those paid through charges to the credits from Section 07 of the State Expenditure Budget.
  2. Those paid by the General and Special Social Security Systems, those that fall under the non-contribution modality of Social Security, economic assistance for old age and disability paid to Spaniards residing abroad and pensions for old age for Spaniards born in the country who have returned from living abroad..
  3. Those paid by the Special Funds of the Mutual Company for State Civil Servants, of the Social Institute of the Armed Forces and of the General Judicial Mutual Company, or by the aforementioned Mutual Companies themselves, as well as those paid by the Special Fund of the National Social Security Institute.
  4. Those paid by the pension systems of the Regional Governments and Local Entities or by the entities themselves.
  5. Those paid by the mutual companies, charitable funds, or pension entities that are financed in full or in part with public resources.
  6. Those paid by companies or corporations the majority of whose capital is held, directly or indirectly, by the State, the Regional Governments, or Local Entities, or the independent bodies of any of the above, either directly or through a subscription to the corresponding insurance policy with a different institution, regardless of this institution's legal nature, or through the mutual companies or pension entities of said bodies, in which the direct contributions of the pensioner are complemented by public resources, including those of the company or corporation.
  7. Those paid by the Central Government or the Regional Governments under the Law dated 21 July 1960 and Royal Decree 2620/1981, of 24 July, as well as the economic subsidies ensuring minimum income and assistance for third persons set out in Law 13/1982, of 7 April, on the Social Integration of People with Disabilities.
  8. Any others not mentioned in the above letters which are fully or partially paid using public resources.

The following shall not have the status of public pensions those which are paid through employment pension plans or collective insurance contracts, including those signed by business pension mutual companies promoted by the Governments, bodies, entities and companies referred to in the second final provision of the consolidated text of the Law Regulating Pension Plans and Funds, approved by Legislative Royal Decree 1/2002, of 29 November, and in the terms expressed therein.