Workers with specific disabilities can now access early retirement

The Spanish Government has enacted Royal Decree 632/2026, of July 29, which modifies the annex of Royal Decree 1851/2009 to expand the list of medical conditions that allow for the early anticipation of retirement. This regulatory update specifically targets workers with a recognized disability degree of 45% or higher, providing a mechanism to access pension benefits earlier in cases where life expectancy is significantly reduced due to specific pathologies.

What changes

The core of this regulation is the expansion of the list of diseases that justify the reduction of the minimum age for accessing a retirement pension under the framework of Social Security in Spain (Seguridad Social). According to the modification of the annex to Royal Decree 1851/2009, ten new pathologies have been officially incorporated into the list of conditions that allow for early retirement for persons with a disability degree equal to or greater than 45%.

The newly included pathologies are:

• Transthyretin amyloidosis (variant)
• Myotonic dystrophy type 1 (Steinert)
• Huntington's disease
• Spina bifida
• Parkinson's disease
• Corticobasal degeneration
• Multiple system atrophy
• Progressive supranuclear palsy
• Systemic sclerosis
• Chronic kidney disease (Stage G5)

This inclusion is governed by Article 206 bis of the Revised Text of the General Law on Social Security (TRLGSS), which establishes that the minimum age for retirement can be reduced for workers with a disability degree of 65% or higher, or for those with a degree of 45% or higher, provided the disability is caused by pathologies that have a proven impact on life expectancy. By adding these ten conditions, the administration is fulfilling the requirement to maintain an "open list" of pathologies, ensuring the regulation evolves alongside medical advancements.

Context

The legal framework for early retirement due to disability is rooted in the need to provide social protection to individuals whose working capacity and life expectancy are compromised by severe health conditions. Previously, the list of pathologies was more restrictive, which meant that many workers with significant disabilities were unable to access early retirement benefits despite facing life-shortening illnesses.

The current legal structure, specifically Article 206 bis of the TRLGSS, allows for this flexibility. To ensure that the list of pathologies remains current, Royal Decree 1851/2009 established a mechanism for periodic review. This process is not arbitrary; it requires a favorable report from a Technical Commission composed of medical experts, scientists, and representatives from disability organizations. This Royal Decree 632/2026 is the direct result of that technical procedure, following the approval of Order ISM/444/2025, which regulates how new pathologies are added to the annex. This ensures that the inclusion of new diseases is based on scientific evidence regarding the reduction of life expectancy rather than mere administrative discretion.

Who is affected and how

Individual workers
The primary beneficiaries of this decree are workers who hold a recognized disability certificate with a degree of 45% or higher. If a worker suffers from any of the ten newly listed pathologies, they are now eligible to request the anticipation of their retirement age. This provides a crucial social safety net, allowing them to transition to a pension earlier, which is vital for managing long-term health issues and reduced life expectancy. To benefit from this, the worker must demonstrate both the disability degree and the specific pathology through medical certification.

Companies and Employers
From a direct management perspective, companies do not face new tax burdens or immediate administrative obligations due to this decree. However, Human Resources departments should be aware that this may lead to an increase in early retirement requests among the workforce. While there is no direct cost impact on the employer, the management of staff turnover, succession planning, and the handling of medical leaves (bajas) related to these conditions remains a relevant operational consideration for any business managing a diverse workforce.

Self-employed individuals (Autónomos)
Self-employed workers with a disability of 45% or higher who suffer from the newly included pathologies can also access these benefits. This is particularly significant for the self-employed, as their ability to continue working is often more directly impacted by progressive degenerative diseases. They will need to coordinate with the Social Security administration to ensure their contribution history and disability status align with the requirements for early retirement.

What to do and when

Since this Royal Decree modifies an existing annex to facilitate a right, there is no specific "deadline" to comply with, but rather a window of opportunity to exercise a right. Affected individuals should consider the following steps:

• Verify Disability Degree: Ensure that the recognized degree of disability is officially documented and is equal to or greater than 45%.
• Medical Certification: Obtain updated medical reports that specifically confirm the presence of one of the ten new pathologies listed in Royal Decree 632/2026.
• Social Security Consultation: Contact the Social Security administration to verify how the specific pathology integrates with the current contribution requirements for early retirement.
• Legal and Professional Assessment: Given the complexity of Social Security regulations, it is advisable to consult with a specialist to ensure the application for early retirement is correctly filed to avoid delays or denials.

For specific guidance on how these changes might impact your particular situation or your company's workforce management, we recommend contacting the relevant department at BMC to evaluate your case.