A retiree must return 10,027.66 euros of his retirement pension to Social Security after the Superior Court of Justice of Castilla y León confirmed that it was undue charges for receiving the 100% of the pension While he continued on the special regime of Autonomous Workers (RETA), although without exercising activity. The Court gives the reason to the Administration by pointing out that incurred an incompatibility as regulated by the General Social Security Law.
As collected by the sentence itself, everything begins when in May 2019 this retiree begins to collect its retirement pension within the Special Regime of Autonomous Workers (RETA) in the modality of Active retirementthat is, compatible the pension with a job on your own. Months later, he informed Social Security of his intention to cease in the activity to recover 100% of the pension from January 1, 2020.
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But, the problem comes because, although he reported the cessation, he never processed his decline in the recap, remaining high as an autonomous and paying the corresponding quotas until August 2020, when he requested active retirement again. This is important and key in this judgment, since for the General Treasury of Social Security, that situation assumed that he was improperly charging his pension, since working and collecting the pension is incompatible except for certain cases, such as flexible retirement.
Therefore, Social Security requests this retiree to return what is charged improperly, whose amount was 10,027.66 euros. This pensioner explained that he had not really worked or received income during that period, and that it was social security that should have processed his decline. As they were not right, he decided to go to court.
The pension is incompatible with removing high in the reta
After several judicial processes, the dispute reached the Superior Court of Justice of Castilla y León that gave the reason to Social Security, so this retiree breached what was regulated in article 214 of the General Social Security Law. The Court explained, that although it communicated the cessation of its activity to start charging 100% of the pension, the truth is that “during the period of 01/01/2020 to 02/08/2020 it was discharged as an autonomous worker according to the files of the General Treasury of Social Security”, in addition to being paying the quotas.
The Chamber explains that the determining thing was not that it had really worked or received income, but the fact that “in addition to having registered timely, the fees of the recapture timely, without the record of manifestation against for its part, which evidences that he knew perfectly his situation and compatible during the period questioned the retirement pension with his high in the challenge.” Therefore, the Social Security decision to claim the return was and is adjusted to law.
It is not enough to notify the cessation, the loss had to be taken
The key to the sentence is that the retiree thought it was enough to communicate the cessation of their social security activity to recover the full pension. Now, the court recalls that the regulations demand something else and it is, to effectively cause it to be low in the challenge. In the words of the resolution, “the proven facts take for granted that remained discharged in the challenge and made the entry of the quotas, which implies that he unduly compatible the pension with the activity on his own.”
This means that it does not matter if it will have not worked or entered money, since the relevant thing was its administrative situation in Social Security. As long as it appeared on the recapture, even if it was without effective activity, it was in an absolute incompatibility to perceive the full pension.