The widow's pension and the calculation of the days quota for extraordinary bonuses in order to complete the contribution period of 500 days

Commentary on Supreme Court ruling 788/2020, of September 22

Abstract

While some benefits expressly exclude –retirement or unemployment– the calculation of payment days, in the rest of benefits such exclusion is not contemplated. In this sense, being aware that the successive legislative reforms could, in the same sense, have carried out said exclusion, the Supreme Court expressly recognizes the maintenance of the doctrine of the referred days quota except for those cases in which the regulation provides the repeated exclusion. It is resolved in this procedure with respect to the widow's pension, but the door is left open to the same solution for other benefits.