January 2016 and February 2021 mark important dates for pension rules that recognize maternity-related increases. The discussion centers on pensions with at least two children and the retroactive recognition of these increases from the earliest applicable date. The Alicante Social Court No. 5 played a key role in establishing the initial doctrine on this matter, with the Supreme Court weighing in last February to clarify the framework.
Applicants in these cases no longer have to accept a maximum retroactive period of three months. The retroactive action applies to the portions of their pension receivables that have already been recognized under general Social Security principles, but were delayed from the moment retirement was taken. This shift is explained by a graduate in social security law who comments on the evolving landscape.
The case of an older nurse who retired in June 2017, as the father of two sons, illustrates the recognition of an additional 5% for maternity in the pension calculation.
New maternity supplement will add 378 euros per year to pension
In February 2021, the executive branch—aligned with the PSOE and Podemos—reformed the law to align with a European decision. The changes allow either parent to request the supplement if raising a child has affected their career. The ruling from the Court of Justice of the European Union opened the door to all men who had retired by the time the European decision was issued. The previous law permitted the maternity supplement only under more restrictive conditions.
To date, retroactivity was limited to three months under the General Social Security Act. However, a February deliberation by the court noted that the European resolution did not support such a cap, arguing that the law must not impose a fixed, time-bound limit on those seeking the add-on who meet the qualifying criteria.
As is common in such disputes, when a nurse from Alicante requested the pension increase, the INSS Provincial Directorate initially rejected the request, stating that the current law did not provide a maternity supplement for men. This effectively required anyone seeking the benefit to pursue litigation. The agency then appealed the Social Court’s decision, since the Supreme Court’s ruling had not yet been fully published and its detailed content remained in development.
The practical outcome is that eligible retirees, including men who were fathers and who can demonstrate that caring for a child affected their career, may receive the maternity supplement going forward. The ongoing legal process continues to shape how retroactive benefits are calculated and applied across similar cases, reinforcing the principle that equal treatment for parental leave benefits is becoming standard practice.