The Council of Ministers has approved amendments to the calculation method for age and total disability pensions, as established in Article 195 of Decree 283, known as the “Regulations of the Social Security Law”, of 6 April 2009 .
According to the recent Decree 99 published in the Ordinary Official Gazette No. 1 of 2024, the basis for calculating the age and total disability pension will be determined from the average monthly salary obtained from the highest salary received by the employee. Year period.
These salaries will be selected from the last fifteen calendar years preceding the pension application.
The legal text specifies that, for the purposes of this decree and the determination of the above pensions, the average monthly salary shall cover the income generated from salaries and other legally recognized payments that are part of the basis of calculations for long-term benefits. Of social security.
If an employee receives pension for partial disability, its amount will be added to the average monthly salary. Similarly, provisions have been established for workers who meet the requirements for a total disability pension but have worked less than five years, their average salary is determined by dividing the total salary by the number of months worked.
The decree also addresses the inclusion of certain concepts, such as payments for the distribution of profits, payment systems for results, specific activities in port activity, or other legally recognized payments that do not constitute salaries but in the long run. Are part of the calculation base for time. Period benefit.
In these cases, if the resulting amount exceeds the amount corresponding to the most complex group of the present pay scale, one hundred percent of the said amount, adjusted by the regressive scale, will be considered as the basis for calculating pension.
Furthermore, based on the rules of the Decree-Law of November 18, 2020, a transitional procedure for calculating pensions and social security subsidies until 2025 has been established. Pension processes for age and total disability that have started before the entry into force of this Decree will continue their course under the preliminary regulatory provisions.
With this new regulation, the provisions contained in Article 193 of Decree 283 “Regulations of the Social Security Law” of 6 April 2009 regarding the calculation of pensions, as well as Article 6 of the Decree, will be repealed. 25 “Decree 283 Amending the ‘Regulations of the Social Security Law'”, dated November 25, 2020.