The Ministry of Social Security, and specifically the State Secretariat of this department, has had another new proposal from the RETA Walkway on its desk for a few days.
It is an alternative of consensus, shared with Demócrata, that delves into the need for a universal formula. That is, one that covers all retirees, so that it does not leave behind, as the PSOE's parliamentary initiative is currently proposed, an important group of people, if it is approved in its current terms.
Proposed by three associations —ANMARQ (National Association of Architects Mutualists, which encompasses professionals in architecture, technical architects, and surveyors), ANAMA (National Association of Those Affected by the Mutual Society of Lawyers), and AMCO (Riojan Association of Substitute/Complementary Mutualists)— and with the backing of a bar association tasked with conveying this proposal to Borja Suárez, Secretary of State for Social Security, these professional associations warn that the current proposal for the RETA Gateway, which is before the Spanish Parliament's Commission and whose debate will resume on May 20, “currently excludes the most vulnerable groups in the system, including passive mutualists and those who have accumulated more than 15 years of contributions to Social Security.”
"A technically and economically viable proposal"
Aware that the Secretary of State does not seem to intend to change his mind about the coverage of liabilities and those with more than 15 years contributed, the spokesperson for ANMARQ, Luisa Saavedra, with the support of some political forces such as PP and Vox, explains to this newspaper that "her alternative proposal is technically and economically viable, and experts in the field and former political officials in the same have studied it as such".
Thus, “the only thing that Borja Suárez has to do —he notes— is to read our proposal and understand that there is another way to do the catwalk and to carry out those fund transfers and years without leaving anyone out. It is true that the Ministry of Social Security —he points out— is with the mantra of 1x1 for all lawyers and those are the only accounts that have been considered. But —he adds— what we intend is that it be known that there is another possible and economically viable way without leaving anyone out.”
Because, otherwise —he warns—, “a situation of inequality will end up being consolidated that affects thousands of professionals who contributed for decades in mutual societies due to regulatory obligation and who have religiously paid taxes with which pensions of other people or the minimum vital income are now paid.”
The main lines of the alternative proposal:
The alternative exhibition insists that there is unanimity among all affected groups that “the walkway” must be voluntary, which implies that no one can be forced to request their inclusion. But, at the same time, there is also unanimity on this point that it must be universal, in such a way that whoever decides to join can do so without any temporal restriction, whether they are in an active or passive situation.
The only requirement —they emphasize— is to have been in a mutualist situation by legal imperative until the application in each case of the reform introduced by Law 30/1995 or, where applicable, as an alternative from that date. For those who opt for the gateway, periods contributed as an alternative mutualist must be counted for all purposes as contributed to the public system, exclusively for the purpose of the percentage to be applied to the regulatory base. This is what is considered one-to-one equivalence in time.
Obviously —they distinguish—, only non-coinciding years will be counted. In those cases where, in the same period, the mutual member was registered in the RETA, as a registered professional, the calculation will not be duplicated. In this way, mutual members will be entitled to the same percentage of pension as any other worker who has contributed for the same number of years.
As per regulations —they ponder— the terms and conditions for the transfer of accumulated economic rights and the conversion of said rights into credited periods within the Special Social Security Regime for Self-Employed Workers or Autonomous Workers will be established.
For the conversion of accumulated economic rights to periods contributed and for the calculation of the regulatory bases of benefits and pensions in the Special Social Security Regime for Self-Employed Workers —he clarifies—, the minimum contribution base that would have corresponded to the worker if they had been included in said regime will be taken into account, applying a coefficient to that base in order to take into account the excluded contingencies. This coefficient —they point out— may be variable depending on the number of years contributed.
Likewise —they emphasize—, it will be necessary to consider the situation of the passive members, who cannot be excluded from their right to opt for the gateway, as long as they meet the same requirements as the active members. The principles that inspire their voluntary incorporation are the same as for the active members. However, they have a singularity that must be addressed from an actuarial point of view: the age at which they join, already as pensioners, the public system. For them —they propose— it is necessary to design a mechanism in the form of an increasing reduction percentage to be applied to the funds that a hypothetical "typical member" would have had to transfer in the gateway to obtain the contribution period (for pension percentage purposes) and the contribution bases (for determining their regulatory base) corresponding.
The beneficiary who opts for the platform will see the contribution on the basis of the "typical mutual member" reduced according to their age, this reduction percentage being increasing, since the number of years of expected pension perception is lower the older the age.
Lastly, there would be the case of liabilities that do not have equity in the mutual society. This is a very minority case, which would in principle affect older liabilities, and which should be addressed, at least, from the economic situation of those affected and their personal and family circumstances. The regulations should articulate the obligations and conditions under which said liabilities can opt for the gateway and, where appropriate, propose an alternative solution.
Mutualists with pensions of 300 euros would be excluded.
The affected groups recall that many mutualists receive benefits of between 300 and 400 euros, much lower than a non-contributory pension, without revaluation and in 12 payments. Others, with slightly higher incomes, were forced to contract temporary annuities of 10, 15 or 20 years, likewise without update. By not integrating into the RETA system, these people cannot access basic rights such as:
• Medication bonus
• IMSERSO services
• Access to public residences
• Minimum supplements
• Benefits for gender gap
The associations underline that these are people who have contributed throughout their lives to the sustenance of the public system through taxes and who are now left unprotected.
On the other hand, professionals with more than 40 years of contributions would also not be able to complete their working career. Furthermore, la proposal of the Socialist Group in Congress also excludes those who, adding years in the mutual society and in Social Security, frequently exceed 40 years of contributions. Until 1997, the regulations prevented these professionals from contributing to RETA, which forced them to remain in the mutual societies. As a consequence, many will only be able to access 50% of the pension, despite having worked a lifetime.
The associations recall that the Government has promoted measures to correct discriminatory situations in groups such as interns, trainees, or athletes, recognizing the lack of control in their historical contributions. However, with the current proposal, a large part of the mutualists —who have experienced a similar situation— are left out of any regularization process.
The Proposal of the Socialist Group
The reform to allow alternative mutualists to join the RETA (Special Regime for Self-Employed Workers) has been unblocked in Congress through a bill promoted by the PSOE. This initiative responds to the pressure of thousands of professionals who contribute to mutual societies and seek access to the public Social Security system. The text has already passed the committee stage, allowing its parliamentary progress, but it is not yet finalized: amendments are still alive, so they remain open to modification, and the final content depends on negotiations between the different political groups.
Among the main modifications introduced, the elimination of strict time limits to join the gateway stands out, expanding access to mutualists since 2013. A coefficient of 0.77 is also set to convert accumulated capital into equivalent contributions, and a partial "1 to 1" rule is introduced for those over 55 years old in 2025, facilitating access to the pension. In addition, the recognition of up to five years of contributions is contemplated for those who lost contributions in the past, and a total equalization (100%) between contributions and benefits with respect to the public system is established.
The proposal also includes structural measures, such as the delay until 2028 of the end of "alternativity" (the possibility of choosing between mutual society or public system), along with the Government's commitment to analyze the impact of this transition. However, key issues remain unresolved: already retired mutualists remain outside the gateway; there is no agreement on guaranteeing neutral taxation in the transfer of funds (as demanded by the PP); and the mutual societies ask that the transfer of capital only occur when the right to the benefit is generated, to avoid losses.
At this moment, the law is in a decisive but open phase. Precisely, on May 20, the Working Commission of the Congress of Deputies meets, and there, during the debate, it will be seen if alternative proposals like this one, which has been made known to several parties, and which is on the table of the Secretary of State for Social Security, Borja Suárez, have a place.