How the new pension limits for the public will be applied

By Dimitris Katsaganis

The decision of the Legal Council of the State regarding the retirement limits in the public sector will be implemented at two speeds.

Circles of the e-EFKA confirm to Capital.gr information according to which the basic scenario that the government is considering is the one that envisages a ministerial decision that will maintain the right to reduced limits for those who have submitted a pension application before from the coming into force of the expected provision. However, for those who apply for retirement after the expected provision comes into force, the increased retirement limits will be imposed.

It is noted that a recent opinion of the Legal Council of the State abolishes the right to early retirement for civil servants and accepts 62 years as the basis for retirement with a reduced pension.

It is recalled that at the “background” of this case is the difference of opinion between the General Accounting Office of the State and the Ministry of Labor in relation to the right of civil servants to retire based on the transitional limits from 55 to 62 years of age.

ADEDY letter

In this climate, ADEDY yesterday sent a letter to the Deputy Minister of Social Security, Mr. Panos Tsakloglou, which states that according to press reports “there is an opinion of the Legal Council of the State which completely overturns the retirement age limits of thousands of employees in the State, despite your assurances that the age limits after 1/1/22, for this category of employees, would not change”.

From ADEDY’s point of view, it is pointed out that the age limits for a reduced pension did not change with Laws 4336/2015 and Law 4337/2015 and remained the same as those provided for by the pension provisions of Law 3865/2010. Specifically, with a reduced pension – and with the redemption of fictitious years – they could leave:

* Men and women aged 25 until 2010 (without a minor child), in their 60th and 55th years respectively, appointed either before or after 1983, whenever this is completed.

* Men and women who were 25 years old in 2011 or 2012 (without a minor child) could retire with a reduced pension when they turned 56 or 58 respectively.

* Men and women with 25 years of age from 2013 onwards retire with a reduced pension at 62 years.

Unfortunately, recently, ADEDY reports, publications refer to an opinion of the Legal Council of the State on the age limits of reduced pensions. With the opinion, which saw the light of day, it is proposed to abolish the aforementioned age limits (55, 56, 58, 60) for those who had not completed them by 31/12/2021.

After the above, the Executive Committee of ADEDY invites Mr. Tsakloglou:

– Not to accept the specific opinion, as is the right, so as not to overturn to the worst, the already unaffordable pension regime of thousands of employees in the public sector.

– To proceed with all the necessary actions, for the vesting of the right to leave with the applicable age limits regarding the reduced pensions, whenever these are reached, and not at the general limit of 62 years that applies to those who turn 25 from 2013 onwards .