A retiree must return 46,405.99 euros of his retirement pension to Social Security after he compatible the collection of his pension with a paid work in France without having previously communicated it, this being confirmed by the Superior Court of Justice of the Basque Country. In this way, Justice gives the reason to Social Security by pointing out that incurred an incompatibility provided for in article 213 of the General Law of Social Security and in European Regulations 883/2004 on coordination of Social Security systems.
As collected by the sentence itself, everything begins when in June 2020 this retiree begins to collect its tax retirement pension within the special regime of the sea, with the right to 100% of the regulatory base thanks to the application of a reducing coefficient by age of 8 years and 7 months. That is, this man retired at approximately 56 years and 5 months.
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Now, just three months later, the pensioner began working in France, so in addition to charging a salary, he began to quote in that country. This situation was communicated by the French Social Security Agency, who officially communicated to Spain, through the E/205 community form, which the retiree had continued to quote in France after having recognized his pension. Given the facts, the Marina Social Institute initiated a file requested by the return of improper charges of 46,405.99 euros.
The pensioner, upon receiving the notification, filed a claim to Social Security, but this was dismissed, so he decided to go to court.
The pension was incompatible with work in France
After passing through the Social Court, it arrived at the Superior Court of Justice of the Basque Country, which gave the reason to Social Security, that is, that the retiree had unduly charged the pension when compatible with the pension. The Court explained that it is possible to make the pension compatible with a job, within the margins established by Social Security, but also to communicate it, things that this pensioner did not do.
The Chamber explains that “it is evident that the case remains in the field of incompatibility established by article 213.1 of the General Social Security Law (which can be consulted in this Official State Gazette); in relation to Regulation No. 883/2004 of the European Parliament and the Council of April 29, 2004”. Therefore, the Social Security decision to suspend the pension and claim the return was adjusted to law, so it must reintegrate 46,405.99 euros for undue charges.
Neither reported the situation nor met the requirements
The key to this sentence is that the retiree or communicated his situation of saying that he was working nor did he ask for social security to make work and pension compatible. It was not an active retirement or partial compatibility, but an absolute incompatibility.
The Court indicates that “neither the Social Security proceeded by violating any norm or right of the plaintiff nor does any legal or regulatory exception attend any in the incompatibility incurred.” Therefore, it does not matter that the work was done in another country in the European Union or the amount of the income obtained, since the incompatibility with the retirement pension was total.