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José-David Amorós, Spokesman and Councilor for Citizens, has presented a motion in defense of equal treatment between de facto couples and civil marriages.
Amorós stressed that "there is currently a serious imbalance in Spain between citizens who decide to marry and those who choose to officially register as de facto couples, especially in access to the widow's pension", so he wants the Plenary approve a proposal to urge the Government of Spain to "modify the current legislation to match the rights to access the widow's pension of de facto couples with that of civil marriages."
It considers that the Government should approve a Bill of De facto Couples within a maximum period of one year, “in which a regulation of the de facto partner regime is incorporated into the Civil Code that incorporates the necessary regulatory modifications to avoid any type of legal discrimination of de facto couples against marriages â€.
In his opinion, the decision to establish a de facto couple still entails significant differences in coverage and protection, as evidenced by the obligation that they are required to accredit five years of registration for access to this type of pension, or limitations on the income of the possible beneficiary.
The orange spokesman considers that "these requirements represent a clear violation of article 14 of the Constitution, which proclaims the principle of equality."
MOTION FOR THE DEFENSE OF EQUALITY OF TREATMENT BETWEEN FACT COUPLES AND MARRIAGES IN ACCESS TO THE WRITTEN PENSION
There is currently a situation of serious imbalance in Spain between citizens who decide to marry and those who choose to officially register as unmarried partners.
This situation is generated by the deficiencies that the current legislation in the matter of de facto couples entails regarding the requirements for access to the widow's pension.
The decision to establish a de facto couple still entails significant differences in coverage and protection.
Royal Legislative Decree 8/2015, which approves the Consolidated Text of the General Law of Social Security, which regulates the right of de facto couples to have access to the aforementioned pension, in its article 221, includes the conditions that de facto couples must comply to be able to access the widow's pension.
Among them, there is a need for said couples to be constituted for a minimum period of five years.
Likewise, it is established that the economic income of the member of the surviving de facto couple will not reach 50% of the sum of their own and those of the deceased during the same calendar year, or 25% in case of the existence of children.
When assessing income, the Law does not take into account whether the situation of the survivor at the time of death is permanent or of a merely circumstantial nature, which only takes into account the income of the member who survives in a given period (the year before death), making the situation completely unfair for those who opt for this type of marriage.
In the specific case that these last two requirements are not met, only the right to a widow's pension will be recognized when the survivor's income is less than 1.5 times the amount of the interprofessional minimum wage.
Although this last clause is established in an attempt to safeguard the pension in cases of economic need, the final intent of the rule is not to try to guarantee a vital minimum but to avoid the lack of protection of the family, when there is a reduction of his income due to the death of the spouse.
The above requirements represent a clear violation of article 14 of the Constitution, through which the principle of equality is proclaimed.
The widow's pension has a contributory nature, from which the person benefits from what the spouse died while living.
It is for this reason, as in the case of marriages, that a person who holds the right to a pension can make it compatible with the income of the work, making no sense to establish more burdensome conditions for de facto unions.
AGREEMENTS
1. To urge the Government of Spain to modify the corresponding precepts of Royal Legislative Decree 8/2015 and all those rules related to it, to equate the rights in access to the widow's pension of de facto couples with that of Civil marriages
2. To urge the Government of Spain to approve, within a maximum period of one year, a Bill of De facto Couples Act that incorporates in the Civil Code a regulation of the regime of the applicable de facto couple throughout the national territory , as well as incorporating the appropriate modifications in other regulations to avoid any legal discrimination of de facto couples against marriages because of their marital status or the nature or formality of their relationship, when the rest of requirements that are established in each case.
Source: Ciudadanos Totana / Totana.com
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