A retiree must return 58,678.38 euros of his retirement pension to Social Security after the Superior Court of Justice of Madrid confirmed that it was undue charges when compatible with the benefit with a job as an opposition trainer without having previously communicated it. The Court gives the reason to the Administration by pointing out that incurred an incompatibility provided for in passive class regulations and the General Social Security Law.
As collected by the sentence itself, everything begins when in 2017 this retiree begins to collect his pension for permanent disability within the passive classes regime. In the resolution, Social Security has already warned that “the perception of the pension is incompatible with the performance of a job or high position in the public sector, as well as with the exercise of an activity, on its own or foreign account, which gives rise to its inclusion in any public social security regime.”
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Years later, in 2020, the General Social Security Treasury realized that the now pensioner was registered in the Special Regime of Autonomous Workers (Reta) teaching as an opposition coach. Given the incompatibility, Social Security proceeded to suspend the pension and request the return of the amounts charged unduly, whose amount amounted to 58,678.38 euros.
The pensioner to see this resolution, presented a claim to Social Security explaining that his activity was punctual and that even INSS officials had assured him that if he did not exceed the minimum interprofessional salary he could make it compatible with the pension, but this being dismissed. Thus, he decided to go to court.
The pension was incompatible with the work of opposition trainer
The Superior Court of Justice of Madrid gave the reason to Social Security, that is, this retiree breached the compatibility conditions included in article 33 of the consolidated text of the State Passive Classes Law (TRLCPE). Although a pension for permanent disability was recognized and subsequently the retirement, he continued to register in the challenge as an opposition coach without communicating or requesting the corresponding authorization, that is, asking for it through active retirement.
The Chamber explains that in the initial resolution itself it was already warned that “the perception of the pension is incompatible with the performance of a job or high position in the public sector, as well as with the exercise of an activity, on its own or foreign account, which gives rise to its inclusion in any public social security regime.” Therefore, the Social Security decision to suspend the pension and claim the return was adjusted to law, confirming that it must reintegrate 58,678.38 euros for undue charges.
Neither reported the situation nor met the requirements
The key to the sentence is that the retiree did not communicate his situation or prove the legal requirements to make work and pension. On the issue of compatible with the pension with the minimum interprofessional salary, although it is true that an important nuance must be explained and that this rule operates in some cases of disability or compatibility pensions in the general regime, but not in passive classes.
As the initial resolution recalls, “the perception of the pension is incompatible with the exercise of an activity, on its own or foreign account, which gives rise to its inclusion in any public social security regime.” Therefore, it does not matter if the income was reduced, since the incompatibility was absolute, unless it had requested the active retirement modality.