The Senate has reintroduced a key restriction in the law allowing mutualists to join Social Security. Existing pensioners are now excluded again, affecting thousands of professionals. The final decision returns to Congress.
The Spanish Senate has reinserted a controversial clause into the new law enabling mutualists—professionals who contributed to private mutual societies—to transfer their rights to the Social Security system. This move, which once again excludes those already receiving a pension (except for widows and widowers), has reignited debate among affected groups and could impact the future pensions of thousands of lawyers, architects, and other professionals.
The legislation, known as the “pasarela al RETA,” has been a long-standing demand from professional associations. Many mutualists currently face extremely low private pensions, sometimes as little as €300–400 per month. The law aims to let these professionals transfer their contribution periods from private mutual societies to the Social Security’s self-employed regime (RETA), potentially qualifying them for higher public pensions in the future. Estimates suggest around 100,000 active mutualists could benefit if the law passes in its current form.
The process has been marked by political shifts. The Congress initially approved the law with a significant amendment from the Partido Popular (PP), which removed the exclusion of current pensioners and those with at least 15 years of Social Security contributions. However, during the Senate’s committee stage, the PP reversed course, reinstating the exclusion for existing pensioners—except those on widowhood pensions—while maintaining access for active mutualists with 15 or more years of contributions, a group estimated at 50,000 people.
This reversal has drawn criticism from professional bodies such as the ICAM (Colegio de la Abogacía de Madrid), which described the renewed exclusion as a setback. The ICAM considers Thursday’s Senate vote decisive for whether the law will truly address the needs of those affected. The Senate’s committee text is not final, as further amendments may still be introduced during the full chamber vote, potentially altering access rules for pensioners and those with long contribution histories.
Some technical improvements have survived the legislative process. The Senate committee restored the “1x1” rule for mutualists over 52, allowing each full month contributed to a mutual society to count as a full month in RETA for pension calculations. The PP also extended this rule to years contributed before 1995, when mutual society membership was mandatory. Additionally, the three-month deadline for the government to issue detailed regulations has been reinstated, after being dropped in the Congress.
For pension calculations, the law now specifies that the minimum contribution base for self-employed workers will be used, removing the previous link to inflation adjustments. A new improvement coefficient, ranging from 0.67 to 0.87, will be applied to account for excluded contingencies.
After the Senate’s vote, the law will return to Congress for a final review. Lawmakers can accept or reject the Senate’s version, or adopt only some of its amendments. The outcome will determine whether thousands of mutualists can finally access public pensions or remain limited to their current private arrangements.
Spain’s pension system has seen several recent changes aimed at addressing gaps and inequalities. For example, a recent measure granted parents an extra 270 days of pension contributions per child, as detailed in this report on new Social Security credits for parents. These reforms reflect ongoing efforts to adapt the system to the realities of modern professional and family life.
The debate over the mutualists’ law highlights the complexity of integrating private and public pension rights in Spain. As the final decision now rests with Congress, many professionals await clarity on their future retirement security. The coming weeks will be crucial in determining whether the law delivers on its promise of fairer pensions for all affected groups.
