Do firefighters have to be actively working at the time they access early retirement pensions? Do members of the Security and Police Forces who belong to the General Social Security Scheme also have to be actively working at the time they access their early retirement pensions?

Commentary on Supreme Court Ruling 1347/2024, of 17 December

Abstract

Article 5 of the Royal Decree 383/2008 states that public service firefighters must be actively working either as a firefighter or in some other employment on the day they access their early retirement pensions.

The Supreme Court Ruling 1347/2024, of 17 December, considers that Article 5 of Royal Decree 383/2008 is ultra vires because it goes beyond the powers conferred on it by Article 206.1 of Royal Legislative Decree 8/2015, of 30 October (Article 160 bis.1.1st of previous Royal Legislative Decree 1/1994, of 20 June). It introduces a new requirement not provided for in the law that it develops. Article 5 of Royal Decree 383/2008 violates the principle of normative hierarchy of Article 9.3 of the Spanish Constitution.

The Supreme Court has stated firefighters do not necessarily have to be actively working to access their early retirement pensions once age and contribution requirements have been met.
The Supreme Court finding is that the firefighter can access his early retirement pension despite not being in active employment at the time. He is in fact permanently incapacitated for his habitual occupation.