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29 January

Retirement, early retirement, and reductions.

Civil law Laboral law

Retirement is a right that all workers in Spain acquire upon reaching the legally established age for it, but the path to that moment is filled with legal and economic aspects that must be clearly understood. In this article, we analyze the implications of retiring before the age of 65, the reductions that may apply in those cases, and the concept of early retirement, which has gained importance in recent years.

Retirement Age in Spain
In Spain, the retirement age has been gradually increasing due to pension reforms. Currently, the legal retirement age is set at 66 years and 4 months (for those who have contributed for less than 37 years and 9 months) and 65 years (for those who have contributed more than that). However, the system allows some flexibility, which leads many workers to consider the possibility of retiring before reaching the standard age.

Reductions for Retiring Before the Age of 65
Retiring before the age of 65, although allowed, entails some penalties on the pension amount. These reductions are applied to maintain the financial balance of the public pension system, as early retirement involves a longer payment period, which affects the system’s sustainability.
The reductions vary depending on how early a worker chooses to retire. For example, if a worker decides to retire at 63, the reduction in their pension could be around 8% for each year of anticipation compared to the standard retirement age. It is important to note that these reductions are applied progressively, meaning the pension amount will be reduced according to the number of years ahead of the legal retirement age.

Early Retirement: Concept and Characteristics
The concept of early retirement is different from that of anticipatory retirement. Early retirement refers to situations in which a worker, usually with a prior agreement with their company, retires before the age of 65, but with an agreed financial compensation, which may include public pension coverage through an agreement with the Social Security system. Such agreements typically occur in companies undergoing restructuring or in sectors where the advanced age of workers represents an obstacle to competitiveness.
In early retirement, the worker does not individually request anticipatory retirement but is part of a collective process in which the company and the employee reach an agreement. The early retiree receives financial compensation that allows them to maintain their income level until reaching the legal retirement age.

What You Should Know When Considering Early Retirement or Early Retirement Agreements
If you are considering retiring before the age of 65 or entering into an early retirement process, it is essential to keep the following aspects in mind:

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