What is the minimum retirement age for people with a 45% disability?
Reasons for a new disability retirement law
Until now, the requirements to retire early from the age of 56 for having a 45% disability were as follows:
- To accredit 15 years of contributions (worked) with the recognized disability.
- At least one of the diseases that caused the disability must be included in a list of specific pathologies that had not changed since 2009.
Since it was very difficult to meet the two conditions, the law was modified in order to facilitate access to early retirement for people with this percentage of 45% or higher.
Requirements to retire with a 45% disability.
Workers with a degree of disability equal to or higher than 45% are those who will be entitled to early retirement with only five years of contributions.
It will be required the accreditation of having been affected by any of the diseases that allow this advance and that are included in the law.
It will still be necessary to have at least 15 years of contributions, but of these, only 5 must be under a disability of at least 45%.
Early retirements due to disability do not suffer any penalties
When the retirement pension suffers an advance, either voluntarily or forced, the pension suffers a reduction in its amount. These penalties are known as reduction coefficients and range from 2.81% to 30%, depending on the contribution periods.
In the case of early retirement due to disability, there will be no penalty.
In the case where the person has five years of contributions and a disability, the coefficients on the regulatory base applied by the Social Security must be known, i.e., whether they change or remain the same.
List of pathologies that generate disability
- Intellectual disability
- Cerebral palsy.
- Genetic anomalies:
Down syndromePrader Willi syndromeFragile X syndromeOsteogenesis imperfectaAchondroplasiaCystic fibrosisWilson’s disease.
- Autism spectrum disorders
- Congenital anomalies secondary to Thalidomide
- Sequelae of polio or post-polio syndrome
- Brain damage (acquired):
Traumatic brain injurySequelae of CNS tumors, infections or poisoning
- Mental illness:
- SchizophreniaBipolar disorder.
- Neurological disease:
Amyotrophic lateral sclerosisMultiple sclerosisLeukodystrophiesTourette’s syndromeTraumatic spinal cord injury.
Provision for updating the list
In the text of the law we can read: “a new procedure, more agile and simple, is implemented to update the list of pathologies, so that it will be included in the annex of the regulation and can be modified by Ministerial Order of the Ministry of Inclusion”.
In other words, the possibility is opened for the Government to add new ailments that give rise to the early retirement of 45% or a higher percentage. But this will not happen, at the earliest, until December 2023.