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What it is

More flexible retirement: working past age 65 with benefits

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 5 February 2002. Introduced by: Gobierno.

Official title: Government bill on measures for the establishment of a system of gradual and flexible retirement (originating from Royal Decree-Law 16/2001, of 27 December).

Follow this law

Source: Congreso de los Diputados, file 121/000067· updated 11 Nov

Automatic summary, not yet reviewed

  1. People who retire can keep working part time and receive their pension, but the pension will be reduced in proportion to the hours they work.
  2. It sets the requirements for early retirement from age 61: registered as a job seeker for at least six months, 30 years of contributions, and job loss not caused by the worker's own will. The pension is reduced by coefficients of 6 to 8 percent for each year short of age 65, depending on years contributed.
  3. Workers who are 65 or older with 35 years of contributions who keep working are exempt from Social Security contributions for common contingencies, except temporary disability. This applies to both employees and self-employed workers.
  4. Workers who stay on the job past age 65 with 35 years of contributions can exceed 100 percent of the regulatory base: an extra 2 percent for each full year contributed since that age.
  5. In collective layoff procedures at companies not in bankruptcy proceedings that include workers aged 55 or older, the company must pay the contributions for a special agreement with Social Security until the worker turns 65.
  6. Permanent contracts with workers aged 60 or older who have at least five years with the company qualify for a 50 percent reduction in the employer's contributions for common contingencies, rising 10 percent each year up to 100 percent.

Who it affects

  • Workers close to retirement: They can retire earlier or keep working with fewer contributions and a higher pension.
  • Employers: They get contribution reductions for hiring or keeping older workers, and must fund special agreements in some collective layoffs.
  • Self-employed workers 65 or older with 35 years of contributions: They are exempt from contributions, except for temporary disability.
  • People with disabilities: They can retire earlier if their disability level is 65 percent or higher.

Words worth knowing

Base reguladora (regulatory base)
The starting amount used to calculate the pension, based on the worker's contribution bases.
Coeficiente reductor (reducing coefficient)
The percentage subtracted from the pension when someone retires before the standard age.
Contingencias comunes (common contingencies)
Everyday risks such as illness or accidents not related to work.
Expediente de regulación de empleo (collective layoff procedure)
A process where a company asks for authorization to lay off or change the conditions of several workers at once.
Convenio especial (special agreement)
An agreement with Social Security to keep contributing and preserve pension rights without working.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced5 February 2002Someone registers the text in the Congreso.
  2. Admitted12 February 2002The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments15 February 2002Groups propose changes.
  4. Committee6 March 2002A committee goes through the text in detail.
  5. Plenary7 May 2002All 350 deputies vote.
  6. Senate23 May 2002The Senate can pass it, amend it or veto it.
  7. BOE27 June 2002It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Feb 2002Mar 2002Apr 2002May 200211. 5 February 2002: Presentación22. 12 February 2002: Comisión de Política Social y Empleo Publicación desde 12/02/2002 hasta 15/02/200233. 12 February 2002: Calificación44. 15 February 2002: Comisión de Política Social y Empleo Enmiendas desde 15/02/2002 hasta 16/03/200255. 2 March 2002: Comisión de Política Social y Empleo Mesa - Calificación desde 02/03/2002 hasta 06/03/200266. 6 March 2002: Comisión de Política Social y Empleo Debate de totalidad desde 06/03/2002 hasta 07/03/200277. 16 March 2002: Comisión de Política Social y Empleo Informe desde 16/03/2002 hasta 09/04/200288. 9 April 2002: Comisión de Política Social y Empleo Dictamen desde 09/04/2002 hasta 07/05/200299. 7 May 2002: Pleno Aprobación desde 07/05/2002 hasta 23/05/20021010. 23 May 2002: Senado desde 23/05/2002 hasta 27/06/20021111. 27 June 2002: Concluido - (Aprobado con modificaciones) desde 27/06/2002 hasta 26/07/2002

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 35/2002, of July 12, on measures for the establishment of a gradual and flexible retirement system.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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