The last years of the workers’ working life are key, since for the calculation of the retirement pension the years immediately after retirement are always taken into account, both to access the pension and to determine its amount. Losing out of work can be a serious problem at this stage, but there is a solution that is sometimes very useful: special Social Security agreements .
The agency has reported in its profile of the social network Twitter about this possibility that concerns workers in the years prior to the ordinary retirement age (66 years for those under 37 years and 3 months of contributions, 65 years for the rest) and which consists of reaching an agreement with Social Security to pay individually, without a job involved, the fees necessary to ” generate, maintain or extend the right to benefits “.
It is a particularly useful modality for those workers who have lost their jobs and who wish to maintain their contributions so as not to see their regulatory base and, therefore, the amount of the pension reduced. Also for those who are pending to contribute a specific period of time in order to be entitled to collect the retirement pension.
But not only retirement, the special agreements also cover other concepts such as death and survival pensions, permanent disability, benefits derived from common illness and non-occupational accident.
What workers can sign a special agreement?
Not all workers have the right to sign these agreements with Social Security. Only those who have contributed at least 1,080 days in the last 12 years and, in addition, are in one of the following groups can do so:
-Workers who leave the scheme to which they belong and are not integrated into a new one, as well as high or similar workers who are hired with contribution bases lower than the average of the previous twelve months.
-The indefinite and self-employed workers registered with Security and with more than 65 years and more than 35 years of contributions.
-Workers in situations of multiple employment or multiple activities who cease in any of their jobs or activities.
-Workers who were receiving unemployment benefits or subsidies and stopped receiving them.
-Total permanent disability pensioners who have done work and are in any of the above situations.
-The pensioners declared capable or partially disabled, as well as disability or retirement pensioners whose pension has been withdrawn.
-People who cause leave from work due to the request for a pension that was finally denied.
What fee is paid in a special agreement?
The first step in calculating it is choosing a contribution base . The citizen can choose one of these:
-The maximum contribution base for common contingencies of the contribution group corresponding to the professional category in the cases in which it has contributed for it in at least 24 months of the last five years.
-The resulting base of dividing by 12 the sum of the bases for common contingencies of the last 12 consecutive months prior to the withdrawal or termination of the obligation to contribute, provided that this amount is higher than the next point.
-The minimum basis in force for the self-employed in the Special Regime for Self-Employed Workers (Reta) on the date that the special agreement enters into force.
-Any contribution base included between the bases of the previous sections.
Once that contribution base has been chosen, it must be multiplied by a coefficient that varies depending on the year in which it is subscribed and the type of coverage (0.94 for agreements signed after 1998 and 0.77 for agreements with before 1998 and coverage for retirement, permanent disability, death and survivorship and social services). The result will be the quota to be paid month by month by the citizen.
How do you request a special agreement and what effects does it have?
The special agreement can be requested by filling in and submitting the TA-0040 form , which you can download at this link and which must be delivered in one of the following two periods: within the first 90 days after the event that may originate the agreement or up to one year after the causal event.
The Social Security informs that, in the event that the TA-0040 form is presented within that first 90-day period, it will be valid from the first day that the worker is on leave. If it was made later than 90 days, the validity will be from the date of the request.
Although if the citizen gets a job, this entails the suspension of the agreement, the worker himself will be able to choose whether to extinguish it or reactivate it, provided that the contribution base is lower than that established in the agreement.
The agreements will only be terminated by that express wish of the worker, as well as by carrying out activities that entail contribution bases higher than those of the agreement, for becoming a retirement pensioner, for non-payment of contributions in three consecutive months or five alternative months and for the death of the citizen.