March 5, 2021

The Government ignores the unions and only extends the pension safeguard clause for one year


The Ministry of Inclusion, Social Security and Pensions will extend one year with effect from January 1 the application of the regulations prior to Law 27/2011, of August 1, updating, adaptation and modernization of the Social Security System for certain groups that saw their employment relationship terminated before 2013 and were unable to join a job afterwards. The so-called “safeguard clause” is thus maintained, whose effects were to end on December 31, 2020, as reported by the Ministry in a statement.

A few days after the clause with benefits in the retirement of thousands of unemployed expires: "It is a sinvivir every year"

A few days after the expiration of the clause with benefits in the retirement of thousands of unemployed: “It is a sinvivir every year”

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In this way, the Government ignores the CCOO and UGT unions that had demanded the Coalition Executive to maintain the conditions agreed in 2011 without a time limit, to provide security and tranquility to those affected. CCOO and UGT claimed in a statement: “Although the bulk of affected people have already retired and the affected group is decreasing year by year, there are still thousands of workers who were laid off before 2013, in the middle of the economic crisis and financial that has plagued our country in the last decade, which should be covered by this safeguard clause to access retirement. ”

Most of those affected left their companies in collective redundancies (ERE), to which they were added many times with the premise that this safeguard was in force and protected their pensions in the future, although there are also individual cases of advanced workers age who were unemployed in the last crisis and then have not been able to reengage in the labor market. Every year they have to face the uncertainty of whether the Government will keep the clause.

The safeguard clause consists of a guarantee that the Zapatero government approved in its 2011 pension reform to exempt elderly unemployed people from the new legislation, which entailed a tightening of conditions and access to retirement. For example, the ordinary age to retire gradually went from 65 to 67, the years of contributions were extended to access 100% of the pension and access to early retirement was restricted.

This guarantee has allowed people who had lost their jobs before the approval of the reform (August 2011) and those affected by ERE or exit agreements already agreed on that date could retire according to the previous pension legislation, more advantageous . This provided that the unemployed were unemployed until they reached retirement.

In 2013, the Government of Mariano Rajoy established a deadline for the clause: January 1, 2019. On the one hand, it expanded the group of unemployed who could benefit from these benefits (all those unemployed since April 1, 2013 or affected by ERE agreed before that date), but on the other hand, it put a time limit for the purposes of the measure, since it would only apply until the end of 2019.

This left out “a few thousand” of elderly unemployed people – a number that is difficult to determine, according to the unions – who were left behind by this guarantee because, when they reached retirement age, the validity of the insurance would have expired. the clause.

With the approval of this measure, the requirements and conditions prior to previous Law 27/2011 are guaranteed for the retirement of those people whose employment relationship has expired before April 1, 2013. This situation is conditional on the fact that after that date none of these people has been included in any Social Security scheme.

People with an employment relationship suspended or terminated as a result of decisions adopted in employment regulation files, or through collective agreements of any scope, collective company agreements, as well as decisions adopted in insolvency proceedings, approved, signed, can also be accepted. or declared before April 1, 2013. In addition, the right of option is maintained, that is, these people can opt for the legislation now in force.

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