Labor laws in Spain, News

A Look at the CJEU Ruling: Maternity Supplement for Retired Men in Spain

September 21, 2023

Introduction

In a significant shift in retirement policies in Spain, the Court of Justice of the European Union (CJEU) has issued a ruling that impacts retired men with children.

This ruling acknowledges a maternity supplement for retired men, representing a significant advancement in gender equality and fathers’ rights in Spain.

In this article, we will break down the details of this historic ruling and the requirements that must be met to claim this supplement.

A Milestone in Gender Equality

The CJEU ruling, which you can read in detail here, sets an important precedent.

It recognizes that men who have had at least two children are entitled to a retirement pension supplement based on the number of children they have.

The supplement percentages are as follows:

2 children: +5% supplement.
3 children: +10% supplement.
4 children or more: +15% supplement.

This represents a step forward in gender equality in the realm of pensions, acknowledging the crucial role fathers play in child-rearing and caregiving.

Requirements for Claiming the Maternity Supplement

To be able to claim the maternity supplement for retired men, certain specific requirements must be met:

Be the Father of 2 or More Children: This is the fundamental requirement. You must be the father of at least two children to be eligible for the supplement.

Retirement Date: You must have retired between January 1, 2016, and February 3, 2021. This applies to different types of retirement, including ordinary retirement, forced early retirement, and partial retirement when full retirement occurred between these dates.

Impact on Retirement in Spain

This ruling has a significant impact on retirement in Spain. Besides providing recognition to fathers for their role in raising children, it can also have significant financial implications for retired men with children.

The maternity supplement can make a difference in the amount of the retirement pension, providing greater financial support in retirement.

How to Claim the Maternity Supplement

The CJEU ruling establishes a new right for retired men, but it’s essential to understand the claims process. To request the maternity supplement, you should follow these steps:

Gather Documentation: Ensure you have proper evidence that you meet the requirements. This includes documents proving you have at least two children and that you retired within the specified period.
Submit an Application: You must submit an application to the entity responsible for pension management in Spain. Make sure to include all required documentation.
Follow-Up: After submitting the application, regularly follow up to check the status of your claim. Processing these requests may take time, so be patient.

Conclusion

At Employing In Spain, we recognize the importance of evolving regulations in Spain and how they can impact international companies with employees in the country.

This CJEU ruling is an example of how policies can evolve to promote gender equality and parental rights.

If you need advice on labor and tax matters in Spain, do not hesitate to contact us. We are here to help you achieve your employment and business goals in this ever-changing environment.