The BOE of 4 February 2026 published Royal Decree-Law 3/2026, of 3 February, on the revaluation of public pensions and other urgent Social Security measures. The instrument was ratified by Congress on 26 February 2026.
Pension revaluation
Contributory Social Security pensions and Civil Servants’ Pensions are revalued by 2.7% with effect from 1 January 2026. This percentage is calculated in accordance with the annual average CPI between December 2024 and November 2025, applying the automatic revaluation mechanism introduced by Law 21/2021.
Reference amounts for 2026
| Concept | Amount |
|---|---|
| Maximum monthly pension | €3,359.60 |
| Maximum annual pension (14 payments) | €47,034.40 |
| Non-contributory pensions (annual) | €8,803.20 |
| Gender gap supplement (monthly) | €36.90 |
The increase benefits approximately 9.5 million people receiving more than 10.4 million contributory pensions, plus 736,800 Civil Servants’ Pensions.
Non-contributory pensions
Non-contributory pensions — which are means-tested benefits unconnected to prior contributions — are also updated, rising to €8,803.20 per year (€629 per month). These are funded from general taxation rather than Social Security contributions.
Social Security contributions
RDL 3/2026 updates contribution bases and rates for 2026:
Maximum contribution base
The maximum contribution base for the General Regime increases in line with pension revaluation (2.7%) plus an additional 1.2% surcharge provided for in Law 21/2021 to reinforce system sustainability. This dual increase raises the maximum base to approximately €4,909/month.
For employers, the practical effect is that workers whose salary exceeds the maximum contribution base (roughly those earning above approximately €60,000 per year) generate higher Social Security costs in 2026 than in 2025 — approximately €50–€60/month more per affected worker at the employer’s contribution rate.
Intergenerational Equity Mechanism (MEI)
The intergenerational solidarity quota (MEI) rises to 0.80% in 2026 (0.67% employer contribution and 0.13% employee contribution), in line with the progressive schedule set out in Transitional Provision 43 of the General Social Security Act (LGSS).
| Year | MEI total | Employer | Employee |
|---|---|---|---|
| 2024 | 0.70% | 0.58% | 0.12% |
| 2025 | 0.80%* | 0.67% | 0.13% |
| 2026 | 0.80% | 0.67% | 0.13% |
*Confirmed for 2026.
The MEI applies on top of the ordinary retirement contribution rates. It is not deductible from the employee’s gross salary for IRPF purposes — it is included in the Social Security base.
Self-employed contribution bases
Self-employed workers (RETA) under the real-income contribution system maintain the contribution tranches table, adjusted to the new statutory minimum wage (SMI) as the minimum reference base for the lowest income tranches. The minimum quota for the lowest income tranches is referenced to the €1,221 SMI 2026.
Self-employed workers who chose contribution bases above the minimum in prior years should review their selected bases against the updated tables to ensure they remain correctly positioned for their projected income.
Temporary incapacity benefit (IT)
The regulatory base for temporary incapacity benefit is updated in line with the new contribution bases. Companies that top up the statutory benefit to 100% of salary must recalculate the employer-funded difference using the new bases.
For workers with salaries at or near the maximum contribution base, the increase in the base directly increases the employer’s top-up obligation. HR departments should update payroll models accordingly.
Gender gap supplement
The gender gap pension supplement, introduced to partially compensate the pension gap arising from career interruptions related to childcare, rises to €36.90 per month (€516.60 per year) in 2026. Eligibility requires meeting specific conditions related to the number of children and the impact on the contributory career.
Implications for companies
Payroll and HR
- Update contribution (CRA/FAN) files: the new bases and rates must be reflected from the January 2026 liquidation.
- Adjust labour cost budgets: the combination of higher maximum bases and the MEI increases the cost of high-earning workers. A worker on €70,000 annual salary generates approximately €600–€700 more in employer Social Security contributions in 2026 than in 2025.
- Review IT top-up supplements: companies with voluntary IT improvements must recalculate the employer-funded difference.
- Owner-directors (autónomos societarios): verify that the chosen contribution base is not below the updated minimums.
Workforce planning
For companies planning significant hiring in 2026, the updated cost models should be included in workforce budgets before finalising headcount plans.
For companies with significant concentrations of workers near the maximum contribution base (technology, financial services, senior professional roles), the combined effect of higher maximum bases and higher MEI rates represents a material increase in total employment cost per affected head.
BMC advises companies and self-employed workers on managing their Social Security obligations. Learn about our employment law services.
Regulatory Framework: Key Legal Instruments of RDL 3/2026
Royal Decree-Law 3/2026 operates within a well-established constitutional and statutory framework that determines both its legal validity and the scope of obligations it creates for employers, employees and self-employed workers.
Constitution of Spain, Article 86: This provision authorises the Government to issue Royal Decree-Laws in cases of “extraordinary and urgent necessity.” The Constitutional Court has consistently held that pension-related cost-of-living adjustments and emergency social security measures meet this threshold, provided they do not affect the basic institutional arrangements of the State. RDL 3/2026 follows this established pattern — its economic urgency is grounded in the constitutional mandate to maintain the purchasing power of pensions (Art. 50 of the Constitution).
Real Decreto Legislativo 8/2015, de 30 de octubre (Ley General de la Seguridad Social — LGSS): This is the codifying statute for the Spanish Social Security system. RDL 3/2026 amends specific articles of the LGSS to update contribution bases, revaluation factors and the MEI rate applicable for the year. Under Article 19 LGSS, contribution bases and rates are set annually by the General State Budget Law or, in the absence of a budget, by the Government acting by Royal Decree-Law — the legal basis that RDL 3/2026 relies upon given Spain’s ongoing prorogation of previous budgets.
Ley 21/2021, de 28 de diciembre, de garantía del poder adquisitivo de las pensiones: This law established the automatic annual revaluation of contributory pensions linked to the Consumer Price Index (CPI). RDL 3/2026 implements the revaluation mechanism mandated by this law, which replaced the previous “sustainability factor” that would have progressively reduced revaluation percentages to account for demographic pressure. The CPI-linked mechanism ensures that pensioners do not suffer purchasing power losses in nominal terms, but it transfers inflation risk to the pension system’s long-term financial balance.
Ley 27/2011, de 1 de agosto, sobre actualización, adecuación y modernización del Sistema de Seguridad Social: This earlier reform law set the trajectory for raising the maximum contribution bases over time, a process that RDL 3/2026 continues. The law also introduced the gradual extension of the retirement age to 67 years (for workers with under 38 years and 6 months of contributions) — a parameter that interacts with contribution obligations, as longer contribution periods generate higher future pension entitlements and affect current employer and employee contribution calculations.
For payroll managers and HR directors, the practical implication of this layered regulatory framework is that RDL 3/2026 cannot be read in isolation. Understanding which contribution base applies to each worker requires knowing: (1) the updated maximum and minimum bases for the relevant professional category; (2) whether the MEI component is already reflected in the payroll software’s contribution tables; (3) whether any transitional arrangements from the 2023 RETA reform affect self-employed workers with mixed income structures; and (4) how the updated bases interact with any flexible remuneration arrangements that reduce the cash salary component. Employers who update only the base salary figures in their payroll systems without also updating the contribution tables risk systematic under-declaration of Social Security contributions, which can result in significant regularisation payments and surcharges during a TGSS inspection.
