The Government is trying to put together a proposal for gateway to the Self-Employed Regime (RETA) for mutualists to gather the necessary support in Congress to carry out the measure. After the rejection of the political formations to the first Social Security approach that they tried to convey through a transactional amendment to the law on the efficiency of the public justice service, the minister’s department Elma Saiz once again tries to speed up the parliamentary process with the presentation by the socialist group of one bill which it includes expands the gateway to the RETA with certain adjustments regarding the text that recently fell on deaf ears in the Justice Commission.
This Friday, the PSOE brought to Congress a bill with slight concessionswhich would open the door of Social Security to a greater number of alternative mutual members – those who contribute to their complementary social security entity instead of to the public system, subjecting their retirement income to the capitalization of the capital accumulated in the mutual society – who request a way to transfer funds to the public self-employed regime as they have a meager pension expectation at the time of retirement. Specifically, with respect to the Social Security proposal reflected in the ill-fated transactions amendment, the socialist group’s text modifies the activity requirement, lowering this requirement from January 2024 to the end of 2022.
Therefore, among the requirements that would enable the mutual member to request the transfer to Social Security would include “being active as a registered professional in the respective mutual society.” as of December 31, 2022», instead of as of January 1, 2024.
However, the bill presented by the PSOE in Congress with which it aims to reverse the refusal of the political parties obtained in the first attempt continues to maintain other fundamental restrictions, which have led the affected associations to call it “insufficient.” the new approach. Thus, the barrier to the RETA walkway is maintained for the mutualists of discharged before 2013the requirement that they do not have 15 years of contributions in some Social Security regime – which already gives the right to a retirement pension – and that also the obligation to not having pensioner status under any public regime or the respective alternative mutual society.
Improvement in the exchange equation
Another of the concessions of the text presented as a bill with respect to the rejected transactional amendment is an improvement in the exchange equation of funds accumulated in the mutual insurance company to months of contributions in the RETA. While the first text set a corrective coefficient of 0.77, the new proposal opens a range starting from a minimum of 0.68 to a maximum of 0.87.
«For the calculation of the aforementioned periods, the minimum contribution base that would have corresponded to the worker if he had been included in the Special Social Security Regime for Self-Employed or Self-Employed Workers will be taken into account, updated to the CPI and applying to said base a coefficient that will be modulated depending on the years in high in the alternative mutual society, taking 0.77 as a reference in order to take into account the excluded contingencies and in no case can it be less than 0.67 or greater than 0.87″, includes the text of the amendment that conveys the proposal of the Ministry of Social Security.
It is also maintained with respect to the Government’s initial proposal that said transfer “will entail the obligatory and irreversible framework in the Special Social Security Regime for Self-Employed or Self-Employed Workers of the registered professional for the activity that determined this transfer.
Rejection of the affected mutualists
However, at the expense of checking how the new modified proposal is evaluated by the political parties, the associations of affected people have already rejected the text, pointing out the insufficiency of the same and insisting that the gateway to RETA for alternative mutualists be articulated without any type of temporal restriction.
From the National Association of Affected Mutual Lawyers (Anama) see the move towards a greater opening of the walkway as positive, although they consider that it is still insufficient. “The wording of the proposal is obscure and can give rise to many interpretations,” they say in a statement issued after the socialist group introduced the bill in Congress.
They point out that the requirements do not define whether the gateway to the RETA is vetoed for those who have already been contributing to Social Security for 15 years or also those who may be able to contribute once they join the reta, depending on whether their age allows it. Regardless of this, Anama considers that the proposal made “is clearly insufficientsince the establishment of time limits to be able to benefit from it or not supposes de facto subjective discrimination within the group itself” and they also emphasize that the proposal does not respond to the situation in which already retired colleagues in mutual societies find themselves. alternatives.
For his part, the Madrid Bar Association -which has also claimed a maximum gateway to RETA- also values ”the legislative effort to address this problem”, although “considers that the proposal does not offer an effective or comprehensive solution to the problem.”
«In its current formulation, the measure excludes key groups, such as passive lawyers and those mutualists who chose to complement their contributions with other pension formulas. This generates a inequality scenario that does not respond to the real needs of the thousands of professionals affected,” he says in a statement to the institution.
In this sense, from the College of Lawyers they point out that to try to guarantee “that no one is left behind”, will present amendments to this bill, “with the objective of including all affected groups and establishing a fairer regulatory framework.”
“We urge legislators to expand the scope of this proposal, with the active participation of the Bar Associations and other representative entities of the sector, so that a regulatory framework is designed that responds to the demands and realities of the profession,” claims the dean of the Illustrious Bar Association of Madrid, Eugenio Ribon.
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