A new social security reform: commentary on the Law 27/2011, of august 1, on update, adapt and modernize social security system

Abstract

In the last decade of this century, the European Social Security Systems and, within them, pension systems have faced a number of challenges stemming in large part by demographic trends. Characterized by a strong aging population, which has led to the implementation of reforms of varying scope, in order to give more viability to such systems, while following the guidelines adopted in the different Community institutions, mainly in communication of the European Commission on «EU 2020» or in the «Green Paper on Pensions».

Spain has not been immune to this process of reform of the pension system, which has materialized with the approval of Law 27/2011, of August 1, of updating, adaptation and modernization of the Social Security system, which leads to legal commitments contained in Part II of the Social and Economic Agreement signed on February 2, 2011, Between the Government and civil society organizations more representative, while incorporating many of the recommendations of «An evaluation and reform of the Pact of Toledo», approved by the full House of Representatives, 25 January 2011.

Law 27/2011 amends the regulation of pensions, with the greatest impact on the retirement pension, since the factors of access to protection are altered in its different modes (normal retirement, early, partial, flexible or delayed) or the parameters that determine the amount of the pension, although one of the features of the reform, inseparable from the Social Security, is its application slow and progressive, starting in 2013 and is projected, according to the materials, until the year 2022 or 2027, although there are specific developments that anticipate the entry into force on the date of publication of the Law, or the beginning of fiscal year 2012.

However, the substance of Law 27/2011 is not limited to pensions, because in the parliamentary proceedings of the same, has expanded greatly the initial text presented by the government, so that much of the areas Social Security (such as its structure, scope, membership, contributions, fund, patrimonial and economic system) are modified by it. Prominent among these by its incidence the integration, dated January 1, 2012, of the Special Scheme for Domestic Workers in the General Regime, the modification to be carried out in the Special Regime for Self-Employed, anticipating the application of specific provisions in the event of making a part-time independent activity, or the integration of the managing bodies of the Social Security in a single entity, the State Agency for Social Security Administration.