The Social Chamber of the Supreme Court (TS) has ruled that time dedicated to mandatory social service in the Falange is not to be counted as credited days for accessing a normal retirement pension. This decision annuls a ruling by the High Court of Justice of Andalusia (TSJA) and a prior judgment from Social Court 7 of Granada.
The claimant, who applied for retirement in 2010 and later revised her work history in 2020, argued she had completed mandatory social service between 1959 and 1962. Initially, the Granada Social Court considered this time to be creditable, a decision appealed by the National Social Security Institute (INSS).
The TSJA confirmed the initial decision, but the INSS filed a cassation appeal before the Supreme Court. Unlike the Andalusian stance, which equated this service to mandatory military service, the High Court of Justice of Catalonia had ruled otherwise in 2018.
The Supreme Court has interpreted that, while this period might be relevant for early retirement under the old SOVI regime (which required five credited years), it is not computable for an ordinary retirement pension. Furthermore, the court dismissed the claim that this exclusion constitutes gender discrimination, as mandatory military service days for men are also not counted.
With this resolution, the Supreme Court sides with Social Security, absolving the INSS from having to pay the retirement benefits claimed by the plaintiff and annulling the judgments that were in her favor.
