Spanish pension calculation violations for migrant workers

SPANISH calculations for the pensions of migrant workers violate European legislation. The European Court of Justice in Luxembourg today ruled that Spanish rules for calculating the state pension benefits of workers who have also worked in other EU member states violate European legislation.

The European Court of Justice (ECJ says that social security contributions made in other countries have to be taken into account and ruled that Spain had breached the free of movement of labour principle and the right to residence anywhere within Europe, as laid down by the EU Treaty.

‘Migrant workers should not suffer a reduction in their social security benefits as a result of having exercised their right to freedom of movement,’ the ECJ ruled.

The minimum number of years for entitlement to a contributory pension in Spain is 15 years. The ruling is binding and also applies to EU nationals resident in Spain.

by SGL