A retiree must return 53,888.67 euros to the Port Authority of Malaga after the Superior Court of Justice of Andalusia (TSJA) gave the reason to the agency and confirm that compensation for low incentive he charged was incompatible with his pension. This decline was scheduled only for workers who accessed the ordinary retirement age and not for those who retire in advance, so it was incompatible.
Everything begins when this worker, who had been in the Port Authority since 1991, requested in 2020 to host a voluntary decline incentive provided for in article 30 of the III Collective Agreement of State Ports and Port Authorities. The entity approved its request and paid the corresponding sum in February 2021, this amount being 53,888.67 euros.
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Months later, the general intervention reviewed the file and warned that, by calculating the worker’s retirement age, the application of the reducing coefficients of the Sea regime had not been correctly taken into account. These coefficients allowed him to retire in advance with respect to the ordinary age, so that he could actually access the retirement pension at the time of his decline. Since it is not a waiting period until the legal age, compensation for low -improperly granted.
But the worker and now retired understood that it was not a mistake of his so he should not return the money, so seeing that they did not give him reason he decided to go to court.
He charged an incentive when he could actually retire
The case reached the Superior Court of Justice of Andalusia after the Social Court gave the right to the retiree. But the TSJ of Andalusia decided to revoke such a decision explaining that the incentive leave is intended as a transitory mechanism for those who have not yet reached the legal retirement age, with a maximum limit of four years. That is, it is not a complement to ordinary retirement, even if this is ahead of reducing coefficients in special penalties, as in the special sea regime.
In this case, the worker directly agreed to his retirement pension on February 1, 2021, thanks to the application of these coefficients. Therefore, having effectively retired, he had no right to perceive the decline incentive. According to the ruling, there is no discrimination because the decision to benefit from early retirement was voluntary, but that option excludes any additional right to low compensation.
Obligation to return 53,888.67 euros
The sentence recalls that the only previous resolution in the field of incentive declines (San May 20, 2022) was subsequently revoked by the Supreme Court in November 2024, and that there was no applicable doctrine at that time. Even so, the Andalusian Chamber considers that the interpretation of the Malaga Court was wrong and concludes that the payment was improper.
Therefore, the appeal of the Port Authority of Malaga estimates, revokes the judgment of the Social Court No. 12 and dismisses the demand of the worker. As a consequence, this must reintegrate the 53,888.67 euros received as an incentive.
The resolution is not firm and against it is a appeal for the unification of doctrine before the Supreme Court