When can two pensions be collected at the same time and in what cases

When can two pensions be collected at the same time and in what cases

Collecting two Social Security pensions at the same time is not within the reach of many citizens. Currently, the Ministry of Labor and Social Economy pays more than 8.6 million benefits, although most of these are usually incompatible with each other, so many retirees will have to choose between paying one or the other.

However, there are cases that allow the collection of two pensions at the same time. This is the case of retirees who maintain their contributory retirement pension while they are widowers and who have the right to have both payments provided that the requirements are met. This is established in article 163 of the General Social Security Law, which states that "they will be incompatible with each other when they coincide in the same beneficiary, unless expressly provided otherwise, legally or by regulation."

Social Security also explains it on its website, where it confirms that it will be allowed to collect two pensions such as retirement and widowhood at the same time: «The widowhood pension is compatible with any income from work of the beneficiary and with the retirement pension or permanent disability to which he was entitled.

Despite this, it will also be necessary to meet a series of requirements in accordance with each of the pensions that are aspired to be collected, in this case, retirement and widowhood.

These are the requirements that must be followed if you want to collect the retirement pension:

Minimum of 15 years of contributions (two must occur within the 15 years prior to the request for retirement)

High position in Social Security or assimilated high

Comply with the ordinary retirement age (66 years and two months for people with less than 37 years and six months of contributions and 65 years for those who do reach that amount)

In the event that retirement is early, the worker may reduce this age by two or four years

On the other hand, the requirements to be met in order to collect the widow's pension are the following:

Minimum contribution of the deceased of 500 days within the last five years (only required in cases of death caused by a common contingency)

In the case of marriage, when the death is due to a common illness prior to the marriage, the surviving spouse must prove the existence of children in common, the celebration of the marriage at least one year before the death or a coexistence of at least two years.

In cases of unmarried couples, the survivor must prove the registration of the unmarried couple at least two years before death and living together for five years or the existence of children in common

In cases of judicial separations or divorces, the collection of a compensatory pension must be accredited and that the survivor is not part of a new de facto couple or marriage

If the legal separation or divorce was before 2008, it will not be necessary to prove the collection of a compensatory pension in the event that less than 10 years passed between the separation or divorce and the death, the marriage lasted at least 10 years I either have children in common or the beneficiary is at least 50 years old

Nor is it required to collect a compensatory pension from the deceased for victims of gender-based violence.

Thus, the widow's pension will be compatible with any income from work. In this way, if a person loses his spouse at the time he is receiving a salary for his work, he will be able to receive the pension that corresponds to him as a widower. If it happens on the contrary and the loss occurs at the time you are retired, it will also be possible to collect the widowhood.

The intention of this compatibility of both benefits is that a person's income is not reduced in the event of the death of their partner, especially when this deficit can affect the economic well-being of the family nucleus that depends on them.

Limits when collecting retirement and widowhood pensions

Despite this, there are a number of limits when receiving a retirement pension and a widow's pension at the same time. In fact, to collect two pensions in full, it will be necessary that the amount of both does not exceed, as of the year 2022, a total of 2,819.19 euros per month. If this happens, one of the beneficiary's pensions will be reduced to maintain the maximum amount.

However, the pensions associated with the Compulsory Old-Age and Disability Insurance may not be made compatible with the benefits granted in other schemes.

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