Problems of the coexistence, from the year 2011, of two systems: passive classes and the general social security system, in the collective of justice officials for retirement purposes only

Abstract

This Final Degree Project begins by explaining, with a brief historical summary, the implications of the General and Special Social Security Regimes, specifically focusing on Mutualism and, in particular, Judicial Mutualism. The current pension system has a duality that needs to be explained and differentiated between the General Social Security Regime and the Passive Classes, as they have different payers and different withholdings. During the COVID-19 period, there was an attempt to incorporate the Passive Classes into the General Social Security Regime because it was believed that the more than 2 million public servants would increase the pension fund. However, the Constitutional Court annulled this political decision, not because it was implausible, but because it deemed it not an urgent measure, thus the Passive Classes remain within the welfare Mutualism system. Nevertheless, I will analyze what I consider an injustice, as there coexist two types of retirement within the same body facilitated by two different regimes.