A Spanish retiree will have to return 5,391.32 euros to Social Security after simultaneously receiving two pensions that the law considers incompatible. The decision was confirmed by the Superior Court of Justice of Asturias, which considered that the man, with a long career in the mining sector, could not combine his old-age pension with his widow’s pension.
According to the Spanish portal Noticias Trabajo, the case dates back to 2022, when the pensioner, identified as Secundino, began receiving a retirement pension worth 2,536.52 euros per month, in addition to the widow’s pension of 490.12 euros that he had already received since 1993. The sum of the two resulted in a monthly income of 3,026.64 euros, but the Instituto Nacional de la Seguridad Social (INSS) considered the double payment to be undue.
The origin of the problem
For months, Secundino received both payments without knowing that they were incompatible. The issue was only detected when the man requested the revaluation of his pensions, leading Social Security to suspend his widowhood pension and demand the return of the amounts received.
The authorities justified the decision based on article 20 of the Ministerial Order of April 3, 1973, which determines that the beneficiary of a special pension cannot accumulate another Social Security benefit. The objective, according to the court, is to prevent workers in special regimes, such as mining, from receiving double benefits.
A fight in court
Dissatisfied, the pensioner went to court claiming that the case should be analyzed in light of the General Social Security Law, which allows the widow’s pension to be made compatible with other income. The defense argued that the 1973 rule was already outdated and that, as it was an older law, it should give way to subsequent legislation.
The Superior Court of Asturias, however, rejected the arguments and confirmed the Social Security decision, highlighting that the prohibition remains valid and that the special regime in question is of a exclusive. The ruling also recalls that there were already similar decisions from 1995, 1997 and 2017, in which it was recognized that these pensions cannot be accumulated, even when they derive from different causes, such as widowhood.
“Without intent, but without rights”
The court recognized that the man did not act intentionally, but considered that the administrative error does not invalidate the refund of undue amounts. Therefore, he ordered the pensioner to return 5,391.32 euros corresponding to monthly payments received without a legal basis.
The decision reinforces a fundamental principle of the Spanish pension system: the non-accumulation of incompatible benefits, even if they originate from separate legitimate rights.
A warning to other pensioners
According to the same source, experts in labor law explain that this case serves as a warning to anyone who receives or requests more than one pension. Overlapping situations between regimes, such as widowhood, incapacity and retirement, must be checked carefully before any request, to avoid future returns.
The legislation continues to provide for cases of compatibility, but only when there is no direct overlap between benefits or when the regime expressly authorizes it.
The Superior Court also highlighted that “the existence of an exclusivity condition is the inspiring principle of this rule” and that any exception must be clearly provided for in the law.
In short, the court confirmed that Secundino could not combine the special retirement pension with the widow’s pension. The decision remains final, and the retiree will have to return the amount unduly charged.
According to , the case reinforces the importance of understanding the specific rules of each contributory scheme and shows how a seemingly harmless error can result in a debt of thousands of euros to Social Security.
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