Challenges Posed by the New Regulation of Active and Partial Retirement from the Perspective of the Labour Inspectorate

Abstract

This article analyzes the recent reforms to the Spanish pension system—specifically Royal Decree-Law 2/2023 and the reform cycle initiated in 2021—from an uncommon perspective: that of the Labour and Social Security Inspectorate and the effort to combat fraud. It examines how the transition from a restrictive model (2011–2013) toward one focused on “active aging” and financial sustainability creates new areas of risk or regulatory “gaps.”The analysis focuses on the friction between the new Active Retirement scheme and Article 213.4 of the TRLGSS (General Social Security Act), the alignment of the reform with pension compatibility regulationsant the types of fraud regarding early retirement due to involuntary causes. Finally, the exclusion of public sector personnel from these measures is criticized, raising issues regarding equality and legislative coherence. The article concludes that the technical quality of regulations is the most effective tool against benefits fraud.