The Council of Ministers approved this Tuesday a royal decree that will recognize, for the retirement pension, the time during which professional-contract athletes were active from March 15, 1980, until their integration into the General Social Security System. The measure, which facilitates access or improvement of the pension, will benefit those who resided in Spain and can prove any habitual sports activity in the national territory, with a professional contract, provided they were included in the special labor relation for professional athletes. The royal decree does not include professional football players, who are governed by their specific regulations, and will come into force three months after its publication in the Official State Gazette.
For the Minister of Inclusion, Social Security and Migrations, Elma Saiz, “with the entry into force of this royal decree” one “recognizes the work and effort that our athletes have put in over these years.” “It is an act of justice for a group that has given us so many joys and triumphs,” she said. For its recognition, alongside the retirement pension or a revision, they will have to present certification issued by the club, the corresponding sports entity or federation, in the event that the club has disappeared, proving the status of professional athlete, as well as the period of activity carried out in Spain from March 15, 1980 until the date of integration into the General Social Security System.
The application must be filed in person or electronically with the National Institute of Social Security (INSS). The Higher Council for Sports (CSD), a body attached to the Ministry of Education, Professional Training and Sports, will be responsible for taking on the upfront cost of funding the corresponding pension. The Ministry of Inclusion, Social Security and Migrations recalled that until 2003 full integration of professional athletes into the Social Security system had not been effective, with the entry into force of Royal Decree 287/2003, and that incorporation occurred gradually, with the approval of different regulatory rules as was done with cyclists and with professional basketball and handball players. This integration affected the contribution period of those who held the status of professional athletes, since the time elapsed between the recognition of the special labor relationship under the Workers’ Statute in 1980 and the moment of approval of the corresponding regulatory rule was not taken into account for contributions in the system and was recorded as gaps in contributions.
This consideration directly affects both access to the retirement pension, since the period of eligibility that must be proven for the Social Security to recognize the right is not included, as well as the calculation of the pension amount for this professional group. “Hence, this royal decree has been approved to rectify this situation and to recognize the periods of activity prior to integration into the Social Security system, for those who are active and for those who are already pensioners, in order to improve the amount of their retirement pension,” the agency added.
