On January 27 the Government, trade unions and employers signed an agreement on pension reform. This Agreement is not a law and therefore does not apply but, just set the bases or principles will be incorporated into the future law that will reform the current legislation and where they will be definitely regulated changes in the pensions system Social Security.
Therefore, it should be noted that an agreement is lacking concrete details and can be altered during the parliamentary process.
The main changes provided under this agreement are:
1. REGULAR RETIREMENT
Importantly, no worker will be affected by the future reform before 2013
a.
transitional period transitional period that is applicable to ordinary retirement from age 67 began in 2013 and ends 2027.
Age: Extending the retirement age to 67 will be applied progressively until 2027, this phased implementation is expected to be managed in two tranches:
- 2013 - 2018: It increased the retirement age 1 month per year. So, in 2013 the retirement age is 65 years + 1 month in 2014 65 years + 2 months and so gradually until 2018, the year when the normal retirement age is 65 years.
- 2019-2027: The increase retirement age 2 months a year. In other words, the retirement age in 2019 will be 65 +8 months during 2020 65 years + 10 months, during 2021 66, and so gradually until the year 2027 the retirement age is 67.
b. Possibility of retiring at age 65
is expected to maintain the retirement at 65 years, but conditional on having a contribution period of 38 years and a half, his application will also be gradual: from 3 months 2013 will increase by year until 2027 which will now due to 38 years.
Thus, during the year 2013 will have to be quoted 35 years and 3 months in order to access the normal retirement at age 65, while at 2013 and will be accurate 35 years and a half, and so on.
2. REGULATORY BASE COUNT
The reference period for calculating the base is extended to 25 years. This extension also be progressively during the transitional period (2013-2022).
a. Transitional period (2013 - 2022)
The increase in the time scan is done at a rate of one year per year, ie during 2013 will be considered by the regulatory basis for the past 16 years of contributions, in 2014 the last 17 years and to consider progressively until the last 25 years to 2022
b. Empty or no contributions in the period of calculation of the base.
The first 24 months was calculated with the minimum contribution, after 24 months of empty apply 50% of the minimum.
c. Choice options calculation period on termination of contract for reasons not voluntary (dismissals, employment regulations, etc.)..
The Agreement provides for special treatment in these cases by allowing a choice among the calculation made on the basis of current regulatory (average of the last 15 years) and the fact of the regulatory basis of the new law (in these cases, 20 31/12/2016 fine years and 25 years from 01/01/2017) by applying the most favorable.
d. Special emphasis on the Self-Employed.
This change is particularly relevant in the case to be attached to the Self-Employed Scheme and that in practice, the self expected to increase their contribution bases 49 and with the new law the period of calculation will be larger, therefore, will have to increase before their contribution base.
3. EARLY RETIREMENT
a. Volunteer
be possible after 63 years as long as 33 years have made contributions. Apply a reduction coefficient of 7.5% annually for a year in advance to the typical age in each case. For example, a worker in the year 2027 (the normal retirement age 67 years without quotation accomplished career) who voluntarily decide to retire at age 63 would have a 37.5% reduction on their base salary.
b. Crisis
The Agreement provides for a new special rules for workers from 61 years in companies that are in crisis. The future law must determine where it is considered that no situation of crisis. Prerequisite for access is that the worker has 33 years of contributions. In these cases it is also implementing the reduction coefficient of 7.5% annually, but a minimum of 33% and a maximum of 42%.
4. PARTIAL RETIREMENT
Overall conditions remain accessible to the partial retirement:
- 61 years
- Concurrency figures and relieved reliever
The most important change lies on the price of these contracts as it rises. Thus during 2013 the base price of reliever can not be less than 30% of which would correspond to full-time case. From 2014 the contribution base will increase by 5% annually to reach in 15 years (2029) to 100% of contributions.
5. SPECIAL RETIREMENT 64.
disappears provided as a special retirement to promote employment of workers with 64 years were replaced by an unemployed person.
6.
SCALE The scale of percentages used to calculate the base figure for the retirement pension is 50% with 15 years as at present, up to 100% at 37 years. However, the percentages between the minimum and maximum have changed the basis that contributions are now computed for months, without counting, as usual fraction of the year as the year completed.
7. EXTENSION OF WORKING LIFE
One of the most important measures is to encourage workers who voluntarily choose to extend their working life beyond the 65 or 67 years, according to the history of contributions of each, is expected to increase the pension in varying percentages listed second year, thus:
- 25 years of contributions: 2% yearly
- 25 -37 years of contribution: 2.75% per annum
- 38 years and 6 months of contributions: 4%
8. EXCEPTIONS: MAINTENANCE OF CURRENT CONDITIONS
be maintained access conditions for early retirement prior to the signing of this agreement to all those who have currently suspended the employment relationship or extinguished as a result of a redundancy or an application an agreement and / or enterprise collective agreement. Also remain in force prior decisions of this agreement in the bankruptcy proceedings even if the termination is extended beyond the date of signing of this agreement. ----------------------------
reminder that the previous legislation still in force and there will be a new law to be apply all that we have exposed that may change during the parliamentary process.
address the complexity of many of the issues we discussed and according to personal circumstances which may change the final result, we remain at your disposal if you are interested in knowing in more detail how they may affect the future reform. Joan Hidalgo
Barcelona Advocats
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