A retiree must return 19,350.63 euros of his retirement pension to Social Security after the Superior Court of Justice of Murcia, why this man improperly charged his pension by making it compatible with a job as an autonomous without meeting the requirements. In this way, the Court indicates that it incurred an incompatibility, as established by the General Social Security Law.
According to the sentence, this man recognized a retirement pension with 71% of his regulatory base. Years later, in 2002, he decided to work as an autonomous registration in the Special Regime of Autonomous Workers (RETA). This caused Social Security to suspend the collection of the pension when incompatible with the activity. Later, in 2013 he discharged and requested the pension again, for which he recognized a greater percentage, thanks to these new contributions.
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But later the conflict arrives and that in 2018 Social Security recognizes the possibility of charging the pension at the same time that he works on his own, but an error. 118% of the regulatory base was taken as a reference, when in reality the initial pension had been calculated over 71%, a percentage that did not reach 100% required in article 214 of the General Social Security Law to access the known as active retirement.
Due to this, Social Security annulled compatibility and demanded the pensioner of the return of the amounts perceived unduly, whose amount was 19,350.63 euros. Dis disagreement with the administrative resolution, the affected decided to go to court to try to avoid reimbursement.
Active retirement is only compatible with 100% of the pension
After passing through the Social Court, the dispute arrived Superior Court of Justice of Murcia that gave the reason to Social Security according to article 214 of the LGSS, so this retiree must return the amounts unduly charged. The TSJ explained that, although subsequent contributions allowed him to reach 118% on the regulatory basis, the truth is that “the pension was initially recognized in 1997 with 71%, percentage of less than 100% required by the standard to compatible it with self -employment.”
The Chamber also wanted to add that the determinant was not how much had been quoted or the accumulated percentage over the years, but the fact that at the time of the fact that the pension did not reach 100%. Consequently, the initial authorization of the INSS to access active retirement in 2018 was an administrative error and the social security decision to claim the return of 19,350.63 euros was and is adjusted to law.
It is not enough to exceed 100% with subsequent contributions
In this sentence the key and what we should know is that Social Security does not prohibit compatible with the pension with a job, but you have to do it within the terms set by law. Therefore, the Court recalls that to access active retirement, the requirement must be met at the first moment that we request the pension. “What counts is the recognized percentage when the pension was accessed, and in this case it was 71 %, so the legal requirement required was never reached,” explains the court.
This means that it does not matter if it would have quoted more later or that it reached 118 %, since the relevant thing was its situation in 1997, when its pension was recognized. As long as it did not have 100% at that time, it was incompatible to accept active retirement and continue working as an autonomous, which forces to reintegrate what is perceived improperly.