If you are a parent with children and have a retirement pension, you may be wondering if you are entitled to paternity supplement for retirees. If this is your case, this article interests you.
How does the paternity supplement for retirees work?
The Spanish Social Security contemplates the possibility of benefiting from the supplement of contributory pensions (retirement, widowhood and work disability) to reduce the gender gap. And although today both women and men can benefit from this supplement, this has not always been the case.
Initially, when it came into force in 2016, this supplement was only intended for women, because it was considered that the impact of having a child on their working life was much greater than in the case of men.
The purpose of this supplement was to reduce the possible deficits that women had in their contributions derived from childcare. A percentage was added to the amount corresponding to the pension based on the number of children (5% for two children, 10% for three children and 15% for four or more children).
However, after the ruling of Court of Justice of the European Union (CJEU) On December 12, 2019, the scope of this plugin was expanded. The European Court considered that it constituted direct discrimination on the basis of sex by not granting the same to men.
For this reason, and after several retired men requested the maternity supplement after learning of the CJEU ruling, Social Security found it necessary to also grant this supplement to men.
With the aim of remedying this situation, the Government issued Royal Decree-Law 3/2021, of February 2, 2021, which allows parents to benefit from the paternity supplement for retirees.
As we have just explained, at first, this supplement was aimed at women, but since the CJEU ruling, the Administration has had to change the way it proceeds and now parents can also request it.
In this sense, we must differentiate between two different situations. On the one hand, creditors of the supplement who have not received it from January 2, 2016 to February 1, 2021 (pensioners between these two dates). And on the other hand, creditors of the supplement who have not received it since February 2 (pensioners as of this date).
It is also important to know that its recognition is not always automatic, since in many cases it must be claimed.
Who can benefit from the paternity supplement for retirees?
Men with two or more children, and who have a retirement pension recognized between January 1, 2016 and February 2, 2021, meet the requirements to apply for the paternity supplement for retirees, which will mean an increase in your retirement pension of between 5% and 15%, depending on the case.
Let's see it with an example:
If you are a father of 3 children, with a pension of 1.000 euros, the supplement would be approximately 100 euros more per month, 14 payments, and for life.
Retroactivity
The Supreme Court ruling recognizes men's right to retroactively collect the paternity supplement for retirees.
How to claim the paternity supplement for retirees?
You should know that the vast majority of Social Security applications, as well as previous claims, are being denied the vast majority of the time.
Therefore, if you are interested in requesting the paternity supplement in retirement pension, it is best that you put yourself in the hands of a expert lawyer in Social Security and Pensions.
From our law firm in Murcia capital We help you request or claim, if necessary, the paternity supplement for retirees. Find out without obligation!
