Consecuencias del RDL 20/2012 en materia de desempleo: estudio e impacto jurídico-económico y social sobre el subsidio de 52 años al actual de 55 años

Abstract

With the publication in the B.O.E. (Official State Gazette) number 168 on July 14, 2012 Real Decree Law 20/2012 of 13 July among many and various subjects which used to be called "Allowance for over 52 years," the age of 52 was increased to 55 years for workers who have family responsibilities, have contributed at least 6 years evidencing the requirements except age for access to any other provision contributory retirement system.

Second, unemployment benefits, called «early retirement» is changed, the standard It states that at the age of 55 years must be met at the date of expiry of the unemployment benefits or unemployment benefits; or have fulfilled that age at the time to qualify for access to any unemployment or fulfill during their perception.

In any case, for this grant gets a new term: the time the worker reaches the age where you have access to the contributory retirement pension in any modalities. This is back to the original wording of Article 216.3 LGSS, when the subsidy extended until the worker reached the age to be allowed access to the pension contributory retirement in all its forms, with the implementation of the corresponding reduction factors, if any.

It must be remembered that this new rule from the day July 16, 2012 is doing great harm to workers who have access to the new provision must be considered as the new rules integration gaps, determining a minimum amount (limited to the amount of non-contributory benefits), both established by Law 27/2011 of reform Social Security, and of course, the rule that the minimum pension for those under 65 is below the common set.

It is also important because it brings a real reduction of future pension retirement who are beneficiaries of unemployment benefits over 55 years, the base Quote why the SPEE-SEPE traded was 125 % of the minimum contribution base. With the reform, all unemployment benefits listed for the contingency of retirement will do for 100 %. The savings to the public system is thus twofold: on one side the SPEE saves Quotes regulatory reform and on the other hand, in the future the social security system save on public services.