The General Council of Spanish Lawyers (CGAE) has backed the bill that will allow alternative mutualists to join the Special Regime for Self-Employed Workers (RETA), a reform that will reach the Plenary of Congress on June 11 and which, according to the institution, incorporates relevant improvements in social protection, pensions, and supervision of mutual societies.
In a report released this Friday, Spanish Lawyers emphasizes that the future regulation responds to a historic demand from thousands of professionals and will establish a "gateway" to Social Security for those mutualists who wish to transfer the economic rights accumulated in their alternative entities.
A demand promoted for more than two years
Spanish Lawyers recalls that it has been demanding a solution for alternative mutualists for more than two years and has maintained contacts with parliamentary groups, affected platforms, and European representatives to promote the reform.
As explained by the CGAE, the objective has always been to achieve an "inclusive" solution that would allow professionals to join the public social protection system without harming those who choose to remain in mutual societies.
The institution also highlights the role played by professional associations, societies, and mutualist platforms in keeping alive a demand that has gained strength in recent years.
The gateway will allow the transfer of economic rights to RETA
One of the central elements of the reform is the creation of a specific mechanism for mutualists to transfer to the General Treasury of Social Security the economic rights accumulated over years in alternative mutual societies.
Spanish Lawyers particularly highlights that said transfer will not have fiscal consequences in personal income tax (IRPF) and will allow these rights to be counted for access to benefits and pensions within the public system.
The measure will be aimed at registered professionals who are currently integrated into a mutual society or who have been part of one in the past.
Improvements for mutualists nearing retirement
Among the innovations incorporated during the parliamentary process, the CGAE focuses on the improvements aimed at older mutualists.
The text provides that those who are 52 years of age or older as of December 31, 2026, may count each month contributed to the mutual society as a month contributed to the RETA for the purpose of calculating the percentage of their future retirement pension.
Likewise, the reform establishes specific criteria for converting economic rights accumulated in periods contributed within Social Security.
Freedom to choose between mutual society and RETA is maintained
The Bar Association also highlights that the law maintains the alternativeness regime, that is, the possibility for professionals to continue opting between contributing to an alternative mutual society or contributing directly to the RETA.
However, the text incorporates new mechanisms for evaluating the system and reinforces the obligations of transparency, supervision, and control of mutual societies.
According to the CGAE, these measures aim to increase the protection of mutual members and ensure greater information about the economic and financial situation of these entities.
Minimum pensions and contributions closer to the public system
Another aspect that the Bar Association considers relevant is the strengthening of the minimum benefits offered by alternative mutual societies.
The reform establishes that benefits must reach at least the level of minimum pensions in the public system or be based on contributions equivalent to those required in the RETA.
To achieve this, contributions will be progressively increased until they converge with the public system, reaching 86% in 2026, 93% in 2027, and 100% in 2028.
Congress faces decisive vote
Following the approval of the opinion of the Committee on Labor, Social Economy, Inclusion, Social Security, and Migrations, Congress will debate the text on June 11.
The Spanish Bar Association considers that the initiative has been improving during its parliamentary processing and is confident that the Plenary will allow the culmination of a reform that it considers essential to guarantee the social protection of thousands of professionals affiliated with alternative mutual societies.
Although the institution positively values the current text, it recalls that the bill has not yet been definitively approved and that it could undergo modifications during the final stages of its parliamentary processing.