The Ministry of Inclusion, Social Security, and Migration has approved the order regulating the procedure for updating and expanding the list of disabilities, pathologies, and diseases that grant access to early retirement.
The Official State Gazette (BOE) published this on Wednesday. According to the consolidated text of the General Social Security Law, the minimum age for accessing a retirement pension can be reduced for individuals with a disability of 65% or higher, or 45% or higher if the associated pathologies significantly reduce life expectancy.
The order in the BOE highlights the constant detection of new pathologies, particularly rare diseases, necessitating an open list of pathologies that can be expanded to include new ones that cause disabilities. However, it notes that the content is subject to periodic review.
It also states that only associations, foundations, or other organizations representing affected groups can request the inclusion of a new pathology.
Starting June 1, when the order signed by Minister Elma Saiz comes into effect, associations can propose new disabilities to the Social Security. These will be evaluated by a Technical Commission, established under the new regulation with the presence of official and scientific bodies, including the disability sector represented in the National Disability Council.
This order completes the reform and flexibility process of one of the early retirement modalities for workers with disabilities, the 45%. This was agreed upon in 2023 between Minister Escrivá, then in charge of Social Security, and the CERMI, in response to one of the recommendations of the Toledo Pact to enhance social protection for people with disabilities.
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