A judge has recognized the right of a retired artist to make his job with the full charge of your pensionincluding complement by Delayed retirement that the Social security He had discounted him, which means 4% extra for each year that money is delayed.
The case has been promoted by the law cooperative of Roundhighlighting the relevance of this judicial interpretation for other professionals in the artistic world to whom the National Social Security Institute (INSS) This possibility is denying them.
The actress, who continued doing her job after retirement, had accessed retirement in a delayed way, which gave her a 8% increase of your pension.
The regulations that allow the retirement pension to be compatible with the income from artistic activities was modified in 2023, attending to a historical demand of the sector. This reform establishes that “the 100% perceived of the amount of the contributory retirement pension will be compatible with artistic activity.” However, Social Security had been discounting from that amount the complement for delay.
For this reason, the actress decided to resort to the Social Court number 32 of Barcelona, which finally proved her right. Social Security justified the deduction by stating that it is an “economic complement to the pension that was expressly removed by the legislator with the new regulation”, referring to the fact that in 2019 the rule mentioned it explicitly, which does not happen now.
The defense argued that the plus for The delay in retirement is part of the total amount of the pension, So it cannot be removed.
According to the sentence, the ruling highlights the intention of the legislator by modifying the law “to achieve full compatibility of artistic activity with the perception of the full pension of retirement and that precisely the previous regulation accrued insufficient”.
“Therefore, it does not seem reasonable that, on the one hand, those artists who access retirement after the ordinary age are bonified and, nevertheless, it is then referred to by exercising its activity when the full compatibility of the benefit and artistic activity is sought precisely,” says the judge.
The conclusion of the resolution indicates that “the percentage of delay of the retirement benefit of the actress is part of the full amount of retirement and It is compatible with the exercise of artistic activity. ”
From Ronda they consider that, although the sentence is not yet firm, marks an important precedent. Pilar Casas, lawyer of the cooperative, affirms that the resolution “puts the objective pursued by the standard approved in 2023 to facilitate that artists can continue to contribute their talent to society without giving up the pension acquired with its quotes, against the economist and restrictive criteria of the INSS.”
