El nuevo complemento de pensiones contributivas para la reducción de la brecha de género : ¿lo que mal empieza, mal acaba?

The recent RDL 3/2021 has regulated the supplement to contributory pensions to reduce the gender gap, the aim of which is to replace the previous maternity supplement, which was declared discriminatory towards men by the ruling of the CJEU of 12 December 2019. However, this new allowance does not face an easy scenario, since, although it aims to differentiate itself -mainly about the purpose pursued- from its predecessor, its legal articulation is insufficient, complex and controversial. As this study has shown, this regulation raises questions both in terms of the objectives pursued by the measure and its subjective scope (although it's possible recognition for men is a step forward, there are still exclusions that are difficult to justify), its material scope and the determination of its amount. Likewise, the comparison of this new supplement with the doctrine of the CJEU developed in recent years on Directive 79/7/EEC and social security benefits (Griesmar, Leone, Roca Álvarez...) raises important doubts; a comparison in which, in our opinion, this supplement loses out. In short, this article analyses, both from a legal and Community law perspective, a figure that has been innovative in our Social Security system, but whose goodwill will not save it from a tortuous destiny.