Can disabilities be added to access early retirement?

On June 1, the improvement of the conditions of access for people with high levels of disability to early retirement comes into force, the main novelty of which is the reduction of the minimum contribution years from diagnosis from 15 years to 5 years so that people with at least 45% disability can access this type of retirement. Another novelty is that people who have more than one disabling pathology may opt for early retirement if the sum of their ailments exceeds 45% disability. This is stated in Royal Decree 370/2023, of May 16, which modifies Royal Decree 1851/2009, regarding the early retirement of workers with disabilities equal to or greater than 45%.

As for the reduction in the time quoted, the text, approved by the Council of Ministers on May 16, states that "since Royal Decree 1851/2009, of December 4, began to be applied, difficulties have been revealed in its application, since it is very difficult to prove 15 years of contribution while suffering from a disability of 45% when this derives from any of the pathologies listed in article 2 of the aforementioned royal decree". In addition, "it must be considered that years ago it was not very common to request the qualification of disability, so it is impossible in many cases to prove the concurrence of such requirements, even if the necessary degree of disability has been reached during the required time," he adds. the royal decree.

Along with the listing requirement, citizens with 45% disability or more will have to be 56 years old to retire. On the other hand, if the worker has a disability equal to or greater than 65%, he could retire from the age of 52.

Regarding the assessment of the degree of disability of 45%, the royal decree explains that different pathologies may accumulate to reach that percentage and be able to retire early. However, at least one of the ailments reflected in the disability certificate must appear on the list of recognized pathologies and account for at least 33% of the total disability.

To prove the disability, a report from the Imserso or an equivalent body of the autonomous community will no longer be necessary, but a medical report will be sufficient. Specifically, the person concerned must submit a medical report stating the date on which the pathology began to be suffered or manifested.