The Superior Court of Justice of Madrid has ruled in favor of Social Security and has denied the extraordinary pensions for widowhood and orphanhood claimed by the family of a National Police inspector who died of a heart attack while taking an official course in Ávila organized by the security force itself. Although the agent was on duty, using an official vehicle and within working hours, the Court concludes that the cause of death was not the service provided to the Administration, but rather a previous coronary disease. The ruling clarifies, therefore, that the death cannot be considered to have occurred “in the act of service”, an essential requirement to access the extraordinary pensions of the Passive Classes regime.
According to the ruling STSJ M XX88/2026, the inspector had more than 31 years of service and was participating in the “7th Course of Training Complements for Obtaining the Equivalence of the University Degree”, a process that, according to his family, had generated enormous psychological pressure. It was also the last possible call to obtain that academic equivalence and be able to continue promoting professionally.
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The events date back to June 2023, when after finishing some exams at the Ávila Police School, he began to feel unwell. The cameras at the hotel where he was staying recorded how he went to the official vehicle and collapsed on the steering wheel. Shortly afterwards he was found by colleagues, who began resuscitation maneuvers until the arrival of the health services, although they could not save him.
The Police and the State Attorney’s Office came to consider that it was an act of service
The widow defended before the courts that the death clearly occurred during the time and place of work, since the inspector was officially displaced by the Administration and subject to strong tension derived from the course and the selection process. Furthermore, he alleged that moments before dying he intended to go to a medical center after feeling unwell.
In fact, the internal file itself took an important turn. Initially, the instructor considered that the death had not been in the line of duty, but later changed his opinion after receiving a report from the State Attorney’s Office. Finally, the General Directorate of the Police reported favorably and maintained that “XX’s death occurred as a consequence of the service he provided to the Administration.”
The State Attorney’s Office even defended that there was a presumption of employment, when the heart attack occurred at the time and place of work, and recalled that in cardiovascular diseases, stress can also act as a triggering factor.
The court says that the stress was not proven and that the cause was a previous illness
Despite this, the General Directorate of Social Security Regulation refused to grant the widow’s pension and now the Superior Court of Justice of Madrid has confirmed that decision. The key is in the medical and forensic reports incorporated into the procedure.
The autopsy determined that the cause of death was “an acute myocardial infarction secondary to atheromatosis in coronary arteries with severe stenosis,” that is, a previous coronary disease caused by narrowing of the arteries due to cholesterol and calcium deposits. For the Court, this pathology was the true cause of death and it was not proven that the course or work stress was the direct trigger.
The magistrates are especially forceful in pointing out that the allegations about the tension suffered during the course “are mere assumptions” and recall that the rest of the participants were subjected to the same circumstances without suffering a heart attack. They also reject that newspaper articles or old union complaints about the conditions of the courses serve as sufficient evidence.
Therefore, although they recognize that the death occurred during a commission of service, they consider that the presumption of an act of service was destroyed by the medical evidence. The ruling explains that, in the Passive Classes regime, it is not enough to die while working: it is necessary to demonstrate a “direct, unequivocal and exclusive” relationship between service and death or illness.
What is the difference between an ordinary pension and an extraordinary pension in Passive Classes?
The widow and children already had the widow’s and orphan’s pensions recognized since July 2023. The difference is that the extraordinary ones have a much larger amount and are granted when the death occurs in the act of service or as a direct consequence thereof.
The problem is that the Passive Classes regime applies much stricter criteria than ordinary Social Security. As the court recalls, it is not enough that the death occurs at work or during an official mission. Furthermore, it must be proven that the illness or accident derives directly from the nature of the service performed and not from personal factors or previous pathologies.
For all these reasons, the Superior Court of Justice of Madrid rejects the family’s appeal and confirms the refusal to recognize the extraordinary pensions. In addition, he orders the widow and her children to pay 2,600 euros in procedural costs. There is still an appeal against the sentence before the Supreme Court.