A recent case in Spain confirmed the limits of the law regarding the accumulation of income and pensions, after a reformed was forced to return more than 46,000 euros to social security for incompatibility between paid work abroad and its reform pension.
Episode started in 2020
The episode originated in 2020, when a sea worker renovated at 56 years and 5 months, thanks to the application of an age -reducing coefficient, starting to receive the contributory pension to the special sea regime with 100% of the regulatory base.
Just three months later, he began professional activity in France, where he began to receive a salary and discount to French Social Security, according to the Spanish digital newspaper noticias work.
Complaint departed from France
It was the French organism itself who warned the Spanish authorities through the community form and/205, reporting that the pensioner was performing work activity while receiving the reform pension. Faced with these facts, the Navy Social Institute opened a lawsuit and required the return of the amounts improperly received, which totaled 46,405.99 euros.
The reformed contested the decision and filed a complaint to Social Security, which was eventually rejected. Given the insistence, the case advanced to court.
Court gives reason to social security
The Basque Superior Court of Justice confirmed the initial decision and concluded that there was a clear violation of article 213.1 of the General Social Security Law, in articulation with European Regulation 883/2004 on coordination of social security systems.
The sentence explained that, although there are situations where it is possible to make pension and work compatible, they require prior communication and rigorous compliance with legal conditions, which, according to the source previously mentioned, did not happen.
Absolute incompatibility
For judges, it was an absolute incompatibility and not an active or partial reform regime. Therefore, the suspension of the pension and the requirement of the return of the amounts were considered correct measures and adjusted to the law.
Neither informed nor had legal framework
The decision stresses that the reformed did not report the social security of his activity in France, nor did he ask authorization to accumulate work and pension. Thus, there was no legal basis to allow exception.
The Court, according to the Court, also stressed that it does not matter that the work has occurred in another country of the European Union or the value of income earned, since the incompatibility is total. Thus, the reformed will have to fully repay the 46,405.99 euros paid improperly.
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