A 76-year-old man with over 45 years of contributions has been left without a retirement pension. The Social Security has denied it due to a debt of €26,474.50 from his time as a self-employed worker.
Indalecio, a 76-year-old worker, has seen the Social Security deny him a retirement pension despite having contributed for more than 45 years. The reason: a debt of €26,474.50 that he has accrued from his time as a self-employed worker. The case, which has reached the Superior Court of Justice, highlights that a long contribution history is not enough: if payments are not up to date, the benefit can vanish.
A Debt of Self-Employed Workers That Ruined Retirement
Indalecio applied for his retirement pension in February 2020, but the Social Security denied it. He had accumulated 16,542 days of contributions but had a debt of unpaid contributions from when he was under the Special Regime for Self-Employed Workers (RETA).
This was not the first time: the Social Security had already denied him the pension in 2013 and 2018, and had repeatedly requested that he settle the debt. Indalecio never responded to those requests.
According to the court ruling, the man attempted to have the benefit recognised at least under the General Regime, where he had 11,207 days of contributions (about 30 years). However, the Social Court number 2 of Córdoba dismissed his claim.
The Requirement to Be Up to Date with Payments is Key
The Superior Court of Justice explained that having contributed days was not enough. The problem was that, having not worked in recent years, Indalecio did not meet the specific requirement: to have at least two years of contributions within the 15 years immediately preceding retirement.
The ruling details that he had barely 160 days of contributions in that period. Furthermore, he was not up to date with the self-employed contributions. Adding both factors, he did not meet the requirements.
Indalecio argued that the jurisprudence of the Supreme Court allows for receiving the pension from the General Regime even with debts in self-employment. But the TSJ clarified that this only applies when the worker meets all the requirements under the General Regime without needing to rely on contributions made as a self-employed worker.
"This doctrine does not affect the case at all, considering that the required conditions in the general regime are not met," the ruling states.
The court confirmed the loss of the pension by establishing that Indalecio did not meet the basic rules.
What It Means for Self-Employed Workers: Pay or Lose the Pension
This case serves as a warning for self-employed workers. The General Social Security Law requires being up to date with contribution payments to access the retirement pension. If there is a debt, the INSS does not encourage voluntary payment: it directly denies the benefit.
Moreover, prolonging the debt can lead to losing the specific requirement over time, as happened to Indalecio. Self-employed workers who retire must ensure their contributions are paid before applying for the pension.
For readers who are self-employed and nearing retirement, it is advisable to review the contribution history and settle any outstanding debts with Social Security. Otherwise, the right to a pension may be left in limbo, regardless of how many years have been contributed.
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