The Superior Court of Justice of La Rioja has given the reason to social security to temporarily suspend the retirement pension to a retiree who compatible the benefit with a self -employment without complying with the requirements or communicate it. Therefore, the Court explains that it must return the amount of 26,096.51 euros for undue charges, since what it did was against article 213 of the General Social Security Law.
As explained by the sentence, everything begins when social security detects that the worker, who was a beneficiary of a total permanent disability pension since 2012, had requested in 2016 retirement in the special regime of autonomous workers (reta), choosing this modality against the disability by being considered more favorable. But, after giving it, he continued working as a corporate autonomous without having requested active retirement, nor having communicated it to Social Security.
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Following this situation, Social Security explained that he had unduly perceived the pension between January 2016 and November 2017, since it did not meet the compatibility requirements established in article 213 of the General Law of Social Security (LGSS). Therefore, he proceeded to suspend the pension and claimed the return of the charged amounts, which were 26,096.51 euros.
Despite the claims, Social Security dismissed it, so this retiree decided to go to court. But, in the first instance the Social Court No. 3 of Logroño, gave the reason to Social Security, that is, that the incompatibility between the pension and self -employment. Even so, he did not give up and decided to go to the Superior Court of Justice of La Rioja.
Working and charging the pension was incompatible
For the TSJ, this worker breached the compatibility conditions included in article 213 of the General Social Security Law (LGSS). Although he had recognized a permanent disability pension Tota and then gave him the retirement, he continued working as a corporate autonomous without communicating or requesting the active retirement modality.
For this reason, the Social Security decision to suspend the pension and claim the return of unduly perceived amounts was adjusted to law. The Court confirms that it must reintegrate about 26,000 euros, an amount that corresponds to the monthly payments as they exercised the activity without fulfilling the legal conditions of compatibility.
I do not inform of their situation or meet the requirements
In this sentence the key is that the worker decided to continue working, since although the total permanent disability allows to work in a job compatible with the disability, this does not happen in retirement and can only be done in the cases enabled.
In addition to not requesting active retirement and not having hired at least one worker on behalf of others, he also did not report his activity situation at the time of requesting retirement or accredited compliance with the requirements, which made the perception of the pension incompatible during that period.
Now, on the issue of pension loss, it is not lost forever, you can request it again when you return the money and meet the requirements required by Social Security.