The Supreme Court has confirmed a sentence by which a retiree must return 41,161.52 euros of his Social Security retirement pension after he charged the pension at the same time he had income for work. In this way, the High Court supports the Administration by pointing out that the income it received exceeded the minimum interprofessional salary, which prevents compatible with the pension with self -employment, according to the General Law of Social Security.
The retiree, after accessing the retirement pension, said he was not going to make the benefit with his work or be replaced in his business. In spite of the social security warning, it continued to appear as a holder and administrator of a company, as well as registered in the Special Sunning of Autonomous Workers (RETA) until June 2021 and exercise functions of entrepreneur, as demonstrated by imposing a sanction on a worker in August 2019.
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Social security, when realized, proceeded to suspend the pension and then claim 41,161.52 euros for improper charges. The reason is that this retiree could not benefit from the compatibility regime provided for in the General Social Security Law, since during that time it received income that, added to benefits such as temporary disability, exceeded the minimum interprofessional salary (which is the requirement that includes regulations). According to the sentence, these amounts “represent income higher than the SMI in annual computing.”
The work to compatible the pension exceeded the minimum interprofessional salary
Not being satisfied, he decided to go to the Social Court and subsequently, to the Superior Court of Justice of the Basque Country, which did not prove him right. Both explained that the income exceeded the threshold of the minimum interprofessional salary, which prevented maintaining retirement in compatibility.
Despite this decision he decided to try once again and go to the Supreme Court. The high organ explained that, in order for the appeal to be admitted, it is necessary that there be an “opposition of specific pronouncements relapsed in substantially equal conflicts.”
After analyzing the sentence, the Supreme concluded that the contradiction requirement required by the regulatory law of the social jurisdiction was not met, so he decided to inadmit the appeal and declare the previous resolution firm. In other words, which should and had the obligation to return 41,161.52 euros claimed by Social Security.
Compatible the pension with a job
Although Social Security does not allow the pension to be compatible with a job, according to article 213 of the General Social Security Law (it can be consulted in this BOE), there are exceptions in which it does allow to compatible the pension with a job, whether you are autonomous and retired, but always meet certain requirements. Through retirement it can be compatible, but only when the activity does not exceed the minimum interprofessional salary.
In this case, the man did not communicate it and, after the sanction to a worker, it was confirmed that he was still working, so the Social Security had to suspend the pension (until the end of work activity) and claim the return of the amounts unduly charged.