The provision of early retirement and accreditation degree of disability

Abstract

The art. 161 bis LGSS it expected under the term "early retirement" a number of situations retirement benefit, which will single out around the age of access and contrast in relation to the expected age to be generally beneficial of that. However, within the same it should distinguish which themselves are situations early retirement and actually make assumptions in advance of the retirement age (as they are both mentioned in the first paragraph of that provision in order to personal status of disabled worker high grade (65 percent or more of degree of disability), or worker, one equal to or greater than 45 percent, even if only for specific diseases, dysfunctions or infirmity).

Both alternatives provided are pivoted on the personal status of the worker.

They find its regulatory development in RD 1539/2003, of December 5, and 1851/2009, of December 4, respectively, requiring that the degree of disability is proved by the corresponding certification body with appropriate powers in the matter.

As such, the scope of judicial assessment of the degree of disability recognized by interested and competition on the constituent elements of the right to early retirement pension "Degree of disability" intended beneficiary is valued.