New Pathologies Allow Early Retirement for Disability in Spain

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Spain’s Social Security system has expanded the list of medical conditions that allow Employees with disabilities to retire early without a reduction in pension benefits, marking a significant update in disability retirement policy. This measure affects around 50.000 people living with severe health conditions.

Official Announcement

On 26th of February 2026, the Ministry of Inclusion, Social Security, and Migrations announced that 11 new pathologies will be added to the official list of conditions entitling eligible Employees to advance their retirement age to 56 if they have a disability degree of 45% or more.

The announcement was made by Minister Elma Saiz, following a meeting with Luis Cayo, president of CERMI, and representatives of the organization. The timing coincides with the World Rare Disease Day, highlighting the government’s commitment to addressing the needs of Employees with serious health conditions.

New Pathologies Included

The 11 conditions now recognized for early retirement due to disability are:

  1. Spina bífida : A congenital disorder where the spinal column does not close completely during fetal development.
  2. Variant transthyretin amyloidosis : A genetic disorder where abnormal protein deposits (amyloids) accumulate in nerves, heart, and organs.
  3. Parkinson’s disease : A progressive neurological disorder that affects movement.
  4. Myotonic dystrophy type 1 (Steinert) : causing progressive muscle weakness and myotonia (difficulty relaxing muscles).
  5. Huntington’s disease : A genetic neurodegenerative disorder that causes the progressive breakdown of nerve cells in the brain.
  6. Stage 5 chronic kidney disease : he final stage of chronic kidney disease, also called end-stage renal disease (ESRD).
  7. Systemic sclerosis : An autoimmune disorder causing hardening and tightening of the skin and connective tissues
  8. Spinal cord injury : Damage to the spinal cord resulting in partial or complete loss of motor and sensory function below the injury.
  9. Corticobasal degeneration : A rare neurodegenerative disease that affects movement and cognition.
  10. Multiple system atrophy (MSA): A progressive neurological disorder affecting movement, balance, and autonomic body functions (like blood pressure and bladder control).
  11. Progressive supranuclear palsy (PSP): A rare brain disorder causing gradual loss of balance, movement control, and eye movement problems.

These pathologies are recognized for their severity and significant impact on daily life, which justifies advancing the retirement age for affected Employees.

Legal Framework

The update will be implemented through the Annex of Royal Decree 1851/2009, which develops Article 161 of the Spanish General Social Security Law (TRLGSS). The General Directorate of Social Security Regulation (DGOSS) finalized months of work to incorporate these new conditions, ensuring that the legal framework accurately reflects current medical and social realities.

Eligibility Criteria

To qualify for early retirement at 56 under this measure, an Employee must:

  • Be actively employed or in a situation assimilated to active employment at the time the disability arises.
  • Have at least 15 years of contributions to the Social Security system.
  • Have been affected by one of the qualifying pathologies with disability ≥45% for at least 5 years within the contribution period.

Importantly, the period during which retirement is anticipated will be counted as contributed time when calculating the pension, ensuring no reduction in pension benefits due to early retirement.

Social Impact

The government estimates that approximately 50.000 people will benefit from this measure, including those affected by Parkinson’s disease, systemic sclerosis, or stage 5 chronic kidney disease, among others. By allowing earlier retirement with full pension rights, the measure promotes equity and social justice for Employees whose disabilities limit their ability to continue in demanding job roles.

This reform demonstrates the Spanish government’s commitment to adapting Social Security regulations to current health realities and to supporting Employees with rare or severe disabilities.

Spence Clarke specialises in the provision of Spanish tax, accounts, law and labour services, mainly to foreigners with interests in Spain. Our cross-border knowledge helps clients adapt to the Spanish system with the minimum of doubt and disruption. If you have any questions about this article or any other matter contact us, with no obligation, to see how we can help you.