The Plenary of the Senate has given the green light to the pathway for mutualists to the RETA with 164 votes in favour, although it introduces changes that exclude mutualists who are already retired, except for those receiving widow's pensions. The rule returns to Congress for final approval.
The pathway to the Special Regime for Self-Employed Workers (RETA) for mutualists has overcome its penultimate parliamentary hurdle. The Senate approved the text this Thursday with 164 votes in favour, one against and 96 abstentions, but introduced substantial modifications that require the rule to be returned to the Congress of Deputies. The most relevant change: mutualists who are already retired are excluded from the measure, with the only exception being those receiving widow's pensions.
The reform, designed to allow thousands of professionals — lawyers, solicitors, architects or engineers — to transfer their economic rights from alternative mutualities to the RETA, thus suffers a reduction in its scope compared to the text that left Congress in June. At that time, an amendment from the PP had expanded the scope of beneficiaries, including pensioners and those who already had the right to benefits recognised. In the Senate, where the Popular Party has an absolute majority, they have reversed that opening.
The PP justifies the exclusion of pensioners on economic viability grounds. According to party sources, the exact number of retired mutualists is unknown — a figure that the Government has not provided — and their inclusion without having previously defined their real impact would jeopardise the financial balance of the entire reform. The Popular Party also shifts the issue to the future regulation, which the Government must draft within three months following the law's entry into force. They warn that poor design at that stage could generate "new frustrations" among mutualists.
Who is included and who is excluded
The text returning to Congress precisely delineates access to the pathway. Mutualists who are neither pensioners of the public system nor of their own mutuality can benefit, with the exception of widow's pensions. It also includes active professionals with more than 15 years of contributions, who already have the right to a contributory pension recognised, a inclusion that marks a distance from previous versions.
The mechanism will allow the conversion of accumulated rights in mutualities into computable periods within the RETA. But it will not be a reversible decision: those who opt for the transfer will be integrated into Social Security in a mandatory and definitive manner. The operational key will lie with the Government, which must develop the regulation within three months from the law's entry into force. There, the specific requirements, the transfer procedure, the calculation formula for contributions, and the exact conditions for integration will be established.
For mutualists over 52 years old as of December 31, 2026, the "1×1" formula is maintained: each month contributed to the mutuality will count as one month in the public regime for pension calculation purposes. This equivalence even extends to periods prior to 1995, when affiliation to certain mutualities was mandatory for specific professional associations. This is crucial for older profiles, as it prevents their contribution history from being blurred when integrating into Social Security.
The engineering of the calculation
One of the most sensitive aspects of the reform lies in the technical realm: how years of contributions in mutualities are translated into the language of the RETA. The text establishes that the conversion will take into account the minimum contribution base of the RETA that would have corresponded in each period. From there, an improvement coefficient ranging from 0.67 to 0.87 will be applied, designed to compensate for the coverages that mutualities did not provide.
The legislative journey now enters its final stretch. Congress must decide — in the plenary session on July 14 or July 23 — whether to validate the Senate's changes or revert to part of the previous design. That vote will determine whether the pathway consolidates as a limited solution or if, at the last moment, it reopens to include those who have been excluded at this stage. For thousands of mutualists, the outcome is not technical: it is the difference between partially correcting a historical anomaly or leaving it largely intact.
The General Council of the Spanish Bar (CGAE), whose leaders have followed the voting live, has published a tweet in which they continue to advocate for the rule to include some improvement before its final approval. "Spanish Bar continues to defend improvements that allow the rule to provide a real, effective and urgent response, including all mutualist colleagues," the post states. The ball is now in Congress's court, and the final decision could arrive within weeks. Meanwhile, mutualists are crossing their fingers that the pathway does not remain halfway.
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