The Council of Ministers approved this Tuesday a royal decree that will count as pension-eligible time the period during which athletes with professional contracts were active from March 15, 1980 until their integration into the General Social Security Regime. The measure, which facilitates access or improvement of the pension, will benefit those who resided in Spain and can prove any sports activity regularly within the national territory, with a professional contract, provided they were included in the special employment relationship of professional athletes. The royal decree does not include professional football players, who are governed by their specific regulations, and will take effect 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, the work and effort our athletes have made over the years are recognized. “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 revision request, they will have to present certification issued by the club, the corresponding sports entity, or federation, in the event that the club has disappeared, attesting to the status of professional athlete, as well as the period of activity carried out in Spain from March 15, 1980 up to the date of integration into the General Social Security Regime.
The application must be submitted in person or electronically to the National Institute of Social Security (INSS). The Higher Council for Sport (CSD), a body attached to the Ministry of Education, Professional Training and Sport, will be responsible for bearing the capital cost of 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 was not achieved, with the entry into force of Royal Decree 287/2003, and that incorporation occurred gradually, with the approval of various regulatory rules as was done with cyclists and professional basketball and handball players. This integration affected the contribution period of those who held professional athlete status, as 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 norm was not counted for contribution purposes in the system and was recorded as gaps in contribution.
This consideration directly affects both access to the retirement pension, since the qualifying period that must be evidenced for Social Security to recognize the right is not counted, as well as the calculation of the pension amount for this professional group. “Hence this royal decree has been approved to remedy this situation and to recognize the periods of activity prior to integration into the Social Security system, for those who are still active and for those who already have pensioner status, in order to improve the amount of their retirement pension,” the agency added.
