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

Incompatibilities

 
  • Between Pensions
  • With active employment

• Between Pensions

The following cases are incompatible:

  1. Of more than three ordinary Passive Class pensions  -retirement, widowhood, orphanhood or in favour of the parents- caused by different people.
  2. Of two or more ordinary Passive Class pensions in their favour or in favour of their relatives by the same people.
  3. Of the extraordinary Passive Class pensions with the ordinary pensions that may be requested by their beneficiaries based on the same causing facts.
  4. Of the extraordinary pensions for acts of terrorism with those which for the same reasons, and dispensing with the terrorist cause, may correspond in the State Passive Class System. Moreover, they are also incompatible with other extraordinary pensions which for the same reason may be recognised in any basic social protection public system.
  5. As regards the pensions that one individual may have earned or could earn in more than one social security system, in order to prove that the minimum contribution period required for entitlement has been fulfilled, or to determine the applicable percentage to calculate the amount of a pension, or both, in any of the pensions the contributions calculated from another system or, where appropriate, in the passive class system and services prior to Law 70/1978 of 26 December, would have been taken into account.

In cases where a person entitled to more than one Passive Class pension which are incompatible, they may exercise their right to collect the pension they deem most convenient, although this right may only be exercised once.

• With active employment

A) Retirement Pensions (Voluntary, obligatory, for permanent disability or incapacity to work)

- Retirement Pensions caused before January 1, 2009,

People who receive a retirement pension cannot be employed in the Public Sector.

When in such pensions periods of contribution corresponding to a Social Security System have been added - through application of the reciprocal calculation of contributions between different Social Security systems- this pension will also be incompatible with employment, either for the self-employed or for employees, in the private sector.

In both cases, receipt of the pension will be suspended for whole months for the time this job is held, without this affecting the recognition of any increases that may be applicable once payment of the pension is restored.

- Retirement Pensions caused as of January 1, 2009,

Retirement pensions will be incompatible with a post of employment or a high ranking position in the public sector, by the receiver. This is in accordance with what is set forth in paragraph 2 of article 1 of Law 53/1984, of 26th December, Incompatibilities of Employees at the service of Public Administrations, and for this purpose, the exceptions contemplated in the Ninth Additional Disposition of this Law and, in cases where no periodical payments are received for carrying out elected posts such as members of Legislative Assemblies of Autonomous Communities or of Local Corporations, that laid down in article 5 of the same shall be applied.

Notwithstanding what is set forth in the previous paragraph, the mandatory receiving of retirement pensions due to reaching the age legally required for each case, shall be compatible with rendering services on a self-employed or on a employee basis, and which implies the including of the holder in any public regime of the Social Security, in the following terms:

a) The age of access to the retirement pension must be, at least, that established as the mandatory age of retirement for the corresponding collective of civil servants.

b) The percentage applicable to the average credit in order to calculate the amount of the pension must be one hundred percent.

In the event of rendering services in a compatible activity, the amount of the pension shall be equal to fifty percent of the resulting amount in the initial calculation, after applying, if appropriate, the maximum limit of public pension or that which the pensioner is receiving on the date of the start of the activity, excluding, in all cases, the minimum complement, which shall not be received during the time in which the pension and the activity are compatible.

The pension shall be revaluated in its entirety, in the terms set forth for pensions in the Regime of Pensions for retired public servants. However, while the compatible work is being carried out, the amount of the pension plus the revaluations accumulated shall be reduced by fifty per cent.

Besides the incompatibidad with the payment of a work place in the public sector, the perception of these boarding houses, will be incompatible with performing an activity either on a self-employed basis or in the employment of others, giving rise to the holder's inclusion in any public public Social Security system.

Nevertheless, in the case of retirement pensions due to permanent disability or incapacity for service, when the interested party is not unable to carry out some kind of profession or trade, receipt of the pension may be compatible with the performance of such activity provides that it is different to the one the holder had performed for the State. In this case, and for the duration of this situation, the amount of the pension acknowledged will be reduced to 75% of the corresponding amount, if the holder can substantiate more than 20 years of effective service to the State. or 55%, if the interested party had covered less than 20 years of services at the time of retirement.

Comunicación de actividad en el sector privado a efectos de compatibilidad con pensión de jubilación por incapacidad permanente (pdf)

The receipt of the pensions affected by the incompatibilities indicated above will be suspended for full months, as of the first day of the month following the beginning of the activity that determines incompatibility until the last day of month in which it ends, without this affecting any increases applicable to such pensions; if the incompatible activity begins on the first day of a month the suspension of payment will be applicable as of the first day on which the incompatible activity is carried out.

B) Widowhood pensions

The widowhood pension is compatible with income from employment through self-employment or as an employee.

C) Orphanhood pensions

The orphan's pension expires, generally when the beneficiary turns 21 years of age. Nevertheless, the pension is lifelong if the orphan is unfit for any work since before the death of the causing subject or on turning 21 years of age. In certain cases of pensions recognised by virtue of the application of the General Passive Class Legislation in force on 31 December 31, of 1984, there is the possibility of lifelong orphan's pensions.

However, from 1/1/2013 new pension recognition will not be made for orphans aged over 21 years who are not disabled under current civil service legislation at 31 December 1984, or war legislation, except for the extraordinary pension due to acts of terrorism.

The orphan may be the beneficiary of the pension up to the age of 24 years if none of the parents were still alive or if they present a disability of 33% or greater, provided that their annual earned income (in the private sector) does not exceed the minimum interprofessional wage. To this end, an extension of the payment of the pension must be expressly applied for in the Passive Class Unit of the beneficiary's place of residence.

In cases of total orphanhood (there is no mother or father) or of disability of 33% or greater, the pension will expire when the holder turns 24 years old, unless the holder were still in education, in which case the pension would be payable up until and including the first month of the following academic year.

In any case the orphan's pension is incompatible with work in the public sector. If this pension was recognised pursuant to the former Passive Classes legislation it will also be incompatible with any occupational activity leading to inclusion on a public Social Security system.

The civil service pensions for orphans, recognised for non disabled orphans aged over 21 years, under current civil service legislation at 31 December 1984, and special legislation arising from the civil war are declared incompatible with receiving income or income replacing a salary, being understood as the provision and the subsidy for unemployment.

Before 1 March 2013, those who were simultaneously receiving the pensions with such benefits, have to opt for one or the other. If they fail to do so, the pension for orphans will be withdrawn.