The Upper House approves the pathway to RETA for active mutualists but excludes those already retired, except for widow pensioners. The text returns to Congress.
The Senate has given the green light to the proposed law regulating the long-awaited 'pathway to RETA' for alternative mutualists, such as lawyers, solicitors, or architects. However, the Upper House has definitively closed the door on professionals who are already retired being able to take advantage of this measure to improve their current pensions.
The Plenary approved the report from the Commission on Inclusion, Social Security, and Migration with 164 votes in favour, one against, and 96 abstentions. With this outcome, the text of the law now returns to the Congress of Deputies, which will have the final say on whether to maintain or reject this amendment before its publication in the BOE.
Modification of the bill: a setback for retirees
The reform —initially approved in Congress on June 11— contained an amendment allowing retirees from mutual societies to integrate into the public pension system. However, during its processing in the Senate, the Popular Group (which holds an absolute majority) introduced a self-amendment that limits the scope of the law.
With this change, the pathway will be exclusively accessible to active workers or those who have contributed to alternative mutualities but are not yet receiving a pension. The only exception is for those who exclusively receive a widow's pension: they will be able to access the pathway. The rest of the pensioners from any public regime or alternative mutuality are excluded from the measure.
For active professionals, the approved law establishes tax and contribution advantages. A temporary period of one year is allowed for mutualists to voluntarily transfer the funds accumulated in their private mutuality to Social Security without having to pay income tax. Additionally, the requirement to have a minimum of 15 years contributed in the public regime to access the RETA pathway is eliminated.
Conversion coefficients and deadlines for active mutualists
To convert the accumulated money into years contributed to Social Security, a conversion coefficient of between 0.67 and 0.88 will be applied. The exact details of this conversion will be defined in a regulation that the Government must draft within three months. The proposed law also establishes different facilities depending on the profile of the active mutualist.
Professionals aged 52 or older will be able to directly compute the periods contributed in alternative mutualities without needing to meet additional requirements. For younger individuals, integration will be progressive and depend on the amount of funds transferred. In any case, the pathway is voluntary, and those who choose not to take advantage of it will maintain their current conditions.
Mutualists who are already retired and were hoping to improve their pension with this measure have received a cold shower. The Senate's decision means that hundreds of thousands of professionals —lawyers, architects, solicitors, and other groups— will not be able to regularise their situation or increase their monthly income. The ball is now in Congress's court, which could reject the Senate's amendments and return the original text.
If Congress maintains its initial wording, retirees would still have a chance. But if it accepts the Senate's changes, the exclusion will be final. The legislative process must be completed before the end of the year for the pathway to be operational in 2026. Affected professionals will need to stay alert to upcoming parliamentary moves and, should the law be approved as it has come out of the Senate, assess whether it is worth taking advantage of it while active or if there is no remedy left.
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