Spain's Supreme Court orders full pension basis for active‑retirement maternity supplement

The Spanish Supreme Court ruled that the maternity complement for workers in active retirement must be calculated on the full 100 % of the pension, overturning the previous practice of applying it to only 50 % of the pension amount during the period of compatible work. The decision, issued in sentence 337/2026, stems from a case involving an autonomous worker who retired early and later claimed the maternity complement.

Spain’s Social Security system also provides mechanisms to protect future pensions from gaps in employment. Up to 48 months of fictitious contributions can be added using the minimum contribution base, and after that period a 50 % rate applies. Additional benefits for parents include a €36.90 monthly increase per child, a credit of 270 days of contribution per child, and a specific gender‑gap supplement. Births generate 112 days of credited contributions that count toward the minimum 15‑year requirement for a contributory pension. These measures can add up to five years of contribution time for parents, helping to mitigate the impact of career interruptions.

Officials such as Alfonso Muñoz of the Social Security administration have highlighted these provisions in public communications, emphasizing their role in ensuring a dignified retirement for workers who take time off to raise children.