What seemed just a way to keep the mind busy became an unexpected headache. A retired community of Madrid was forced to return 58,678.38 euros to social security after giving explanations while receiving the pension.
How it all started
According to the Spanish newspaper AS, the case dates back to 2017, the year the man began to receive a pension of permanent disability in the regime of Pasivas classes. So far there was no cool problem. The situation was complicated when it decided to teach private classes to public tenders.
For three years, the activity went unnoticed to the authorities. Only in 2020 did Social Security detected that the reformed was registered in the special regime of independent workers (straight) and performing paid duties.
The detail is no smaller. According to the same source, the law clearly establishes that the perception of a reform or disability pension is incompatible with the exercise of professional activities that imply registration in any social security regime.
The judicial process
After the discovery, it was determined the cancellation of the pension and the return of all amounts paid since 2017 was determined. The amount totaled 58,678.38 euros. The case went to the Madrid Superior Court of Justice.
The magistrates considered that there was manifest incompatibility and confirmed the decision of social security. The accumulation of income was classified as improper, since it had not been previously communicated or authorized.
According to the sentence, the registration in the line showed that it was not a sporadic occupation, but a regular professional activity, subject to the same rules as any other independent worker.
What claimed the reformed
In defense, the man maintained that the activity was punctual and with low income. He also added that employees of the body itself assured him that, as long as it did not exceed the value of the national minimum wage, could make work with the pension compatible.
The argument did not convince the court. The legislation does not provide for exceptions related to the amount earned, but only the possibility of requesting the so -called “active reform”, which lacks formal authorization.
Without this authorization, any income obtained through the exercise of professional activity is considered incompatible with the perception of the disability pension or reform.
The consequences of the decision
The sentence was clear: the retired will have to return all the money improperly received. This means the restitution of almost 59 thousand euros to the social security coffers.
The judges also remembered that if he had asked for active reform, he could have continued to work legally. However, by remaining inscribed in the straight without this formality, he lost the right to pension during this period.
The case warns thousands of reformed that often start parallel activities without knowing all legal implications.
The importance of knowing the law
According to, experts stress that pension legislation is rigorous and that ignorance does not exempt from responsibility. Any questions must be clarified with Social Security and preferably with written proof.
Many pensioners may believe in informally transmitted information, but only official opinions ensure protection in case of inspection.
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