Social Security extends the list of illnesses for early retirement without penalties

The Social Security has announced a regulatory modification in the field of early retirement due to disability that will extend the list of illnesses that allow access to this type of retirement from 2026.

The reform will add eleven new pathologies to the catalogue included in Royal Decree 1851/2009, which regulates the reduction of the retirement age for workers with disabilities equal to or greater than 45%. This extension responds to a historical demand from associations of people with disabilities and is based on technical reports drawn up by a multidisciplinary commission of medical and scientific experts.

The main objective of the measure is to recognise that certain degenerative or serious illnesses generate important functional limitations and, in some cases, a significant reduction in life expectancy, which makes it difficult to continue working until the normal retirement age. With the reform, it is estimated that around 50,000 people could benefit from this possibility of early retirement.

Main new features of the reform

1. Incorporation of new pathologies

The regulatory amendment will include eleven new illnesses in the list that allows access to early retirement due to disability. These include pathologies of a neurological or degenerative nature such as Parkinson's disease, Huntington's disease, myotonic dystrophy type 1, multisystem atrophy, progressive supranuclear palsy and corticobasal degeneration, as well as other serious conditions such as spina bifida, variant transthyretin amyloidosis, spinal cord injury, systemic sclerosis and stage 5 chronic kidney disease.

2. Access to early retirement without penalty

People affected by these pathologies will be able to bring forward their retirement age to 56 years of age, provided they can prove the required degree of disability. Unlike other forms of early retirement, this reduction does not entail reduction coefficients on the pension, so the amount of the benefit is not reduced.

2.1. Eligibility requirements

In order to benefit from this type of early retirement, it will be necessary:

• accredit a degree of disability equal to or greater than 45% related to one of the pathologies included;
• have paid at least 15 years of Social Security contributions;
• and demonstrate that the illness has been present for a minimum period of five years.

Conclusion

The extension of the catalogue of illnesses that allow access to early retirement due to disability represents a step forward in the social protection of people affected by serious or degenerative pathologies. The reform seeks to adapt the pension system to the medical reality of these groups, allowing those suffering from highly incapacitating illnesses to retire from the labour market before the ordinary age without suffering financial penalties in their pension.

Article written by ECIJA Madrid Labour Law Department.