In what cases can your retirement pension be seized?
The Civil Procedure Law (LEC) is the regulation in charge of regulating all cases related to the garnishment of salaries and pensions. Specifically, in its article 607, the aforementioned law establishes that “salary, salary, pension, retribution or its equivalent, which does not exceed the amount indicated for the interprofessional minimum wage, will be unattachable.”
Therefore, this is the first question to take into account, since a retirement pension cannot be seized if it does not exceed the minimum wage, set in 2023 at 1,080 euros per month.. But, what are the reasons why Social Security can do it?
How are these garnishments applied to the pension?
Pensions, like salary, have a series of obligations. In the case of having debts with the Administration, they may be seized. In this sense, pensions above the minimum wage may be seized according to the following scale, according to the regulations:
- For the first additional amount up to the amount that doubles the minimum interprofessional salary, 30%.
- For the additional amount up to the amount equivalent to a third interprofessional minimum wage, 50%.
- For the additional amount up to the amount equivalent to a fourth minimum interprofessional salary, 60%.
- For the additional amount up to the amount equivalent to a fifth interprofessional minimum wage, 75%
- For any amount that exceeds the previous amount, 90%.
On the other hand, if the person is the beneficiary of more than one perception, “all of them will be accumulated to deduct the non-seizable part only once”. Thus, the “wages, salaries and pensions, compensation or equivalent of the spouses will also be cumulative when the economic regime that governs them is not that of separation of assets and income.”
In the event that the pensions were recorded with a permanent or temporary public discount, “the liquid amount that the executed person received, deducted these, will be the one that serves as the type to regulate the embargo.”
The regulations also contemplate the possibility of certain discounts if family responsibilities are accredited, which will be between 10 to 15% in the percentages established in the different embargo sections, except in the last case.