The Ministry of Inclusion, Social Security and Migration will create within three months a state commission, made up of the Government, unions and employers, to analyze temporary disability (TI) due to common illnesses, including monitoring the causes, incidence and duration of the processes.
This is stated in the Royal Decree-Law to improve the compatibility of the retirement pension with work approved this Monday by the last Council of Ministers of the year and published this Tuesday in the Official State Gazette (BOE).
This commission will study the impact that the response of the National Health System, in each of the areas, has on the temporary disability processes, and will establish lines of action aimed at protecting the health of workers and reducing the number of processes and their duration, including the monitoring and evaluation of said actions.
Likewise, as specified in the text, this state commission will be in charge of monitoring and controlling the execution of the agreements of the public health services with the mutual societies, as well as evaluating their operational functioning, studying and proposing the adoption of necessary measures. to improve its effectiveness and promote its application.
Likewise, in each autonomous community a commission will be established to monitor the agreements for the improvement in the management of temporary disability and health care between the respective Ministry responsible for Health, the mutual collaborators of Social Security and the National Institute. of Social Security (INSS), of which each of the social agents who are represented on the executive commissions of the INSS in that territory will be part.
Partial and active retirement reform
The Royal Decree-Law that includes the creation of this commission incorporates the reform that the Ministry of Elma Saiz agreed with the social agents to improve the regulation of partial retirement, active retirement and delayed retirement.
With this improvement, the aim is to enable workers to exit the labor market in a more progressive and flexible manner and more adapted to the conditions and situations of each worker.
Regarding active retirement, the requirement to have a complete contribution career is eliminated to facilitate access.
This type of retirement will be compatible with delay incentives and its compatibility will be set depending on the time it is delayed, so that each year of delay in active retirement, the percentage to be applied to the receipt of the pension will increase and will go from 45%, when the delay is one year, up to 100% of the pension if access to it has been delayed five years or more.
Furthermore, the percentage of the pension will increase five points for every 12 months of uninterrupted professional activity, without, in any case, exceeding 100% of the pension.
Regarding the changes in the regulation of partial retirement, it is established to extend the possibility of advance access to retirement age from two to three years, of course, with adaptations in the reduction of working hours. In addition, the conditions of the relief worker are improved: their hiring will have to be indefinite and full-time.
These modifications introduced in partial and active retirement will come into force on April 1, 2025. Regarding the special regulation of partial retirement for workers in the manufacturing industry, the current framework is extended until 2029 included.
This extension includes some adjustments to improve the conditions of the relief worker and the design of a more balanced and flexible regulation for the company with regard to the organization of the relief worker’s and partial retiree’s working hours.
In addition, the Government is expected to carry out an evaluation of the impact of the partial retirement reform in the last quarter of 2028.
Delayed retirement
Likewise, the reform improves delayed retirement with the possibility of receiving an additional incentive of 2% for every six months of delay starting in the second year. This additional supplement will be compatible with active retirement.
Within six months, the Government must modify the legal regime of the economic supplement for delay, in order to adapt the mixed formula for the receipt of the economic supplement to the changes brought about by this reform.
These measures, which are within the framework of the Toledo Pact, and specifically in its recommendation 12 on the retirement age, complete the reform process initiated in 2021 that sought to bring the effective retirement age closer to the ordinary legal age and established a new range of options for the worker regarding retirement.
In addition, the Royal Decree-Law establishes a mandate for the Government to analyze the requirements of flexible retirement within a period of six months to encourage this modality.
The text also includes improvements in the conditions of access to retirement for discontinuous permanent workers who recover the multiplier coefficient of 1.5 that was applied when calculating the waiting period to access the retirement pension, permanent disability and death and survival.
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