SYRIZA question to K. Hatzidaki about pensions

A question to the Minister of Labor and Social Affairs was submitted today by 53 deputies of SYRIZA-Progressive Alliance, on the initiative of the Deputy Head of Citizen Protection of the SYRIZA-PS Central Committee and Member of Parliament for Ilia Dionysis Kalamatianou and topic: “Reductions up to 26 months in disability and widowhood pensions, provokes the circular of the Deputy Minister of Labor and Social Affairs Mr. Tsakloglou “.

In the question, the MPs state that with a circular of the Deputy Minister of Labor and Social Affairs, Mr. Tsakloglou, there are drastic cuts in the widowhood and disability pensions of pensioners from 1.1.2022.

According to the previous circular of the former Deputy Minister of Labor, Social Security and Social Solidarity Mr. Petropoulos, it was accepted that, for retirees who had received their pension in accordance with the provisions of article 7 and 12 of law 4387/2016, the surviving spouse they also received a percentage of the National Pension, from the transfer of a pension due to death, in parallel with the percentage of the National Pension, which came from the same right.

However, the new pseudo-interpretative circular published on the eve of the New Year of 2022, creates conditions of unequal treatment among retirees before and after 1.1.2022 and raises questions of constitutionality of the provision, as contrary to Article 4 of the Constitution.

The Members of Parliament ask the competent Minister:

1. Does it intend to revoke the “Tsakloglou Circular” in order to avoid huge reductions, at the expense of widows and the disabled?

2. What steps will it take to protect retirees from the frightening wave of declining incomes?

The government continues its relentless campaign. It is implementing its ideological goal against the social majority, which carries the risk of breaking the social fabric.

She makes sure to show her tough neoliberal face, especially to the weak and weak, such as widows and the disabled. He does not hesitate to cut their low pension, the only income they have, so that they can make ends meet under enormous difficulties and live with dignity.

Also, he did not hesitate to deprive even the lack of the 250 euro allowance from hundreds of thousands of low-income retirees, with cheap tricks. It works punitively for the vast majority of the population, plunging them into despair.

But the communication wrapper can not protect the rulers from the social reaction, which is growing day by day.
The time for this cynical and painless government is running out.

The full text of the question follows:

Athens, January 10, 2022

Question

To the Minister of Labor and Social Affairs

Subject: “Reductions of up to 268 euros per month, in disability and widowhood pensions, are caused by the circular of the Deputy Minister of Labor and Social Affairs Mr. Tsakloglou”

With the circular Φ80000 / Δ17 / 109302 / 30.12.2021 of the Deputy Minister of Labor and Social Affairs, Mr. Tsakloglou, there are drastic cuts in the widowhood and disability pensions of the pensioners from 1.1.2022.

According to the previous circular Φ80000 / οικ.60272 / 2196 / 23.12.2016 and Φ80000 / 26767/1138 / 22.06.2017 of the former Deputy Minister of Labor, Social Security and Social Solidarity Mr. Petropoulos, it was accepted that, for retirees who had received the their pension according to the provisions of article 7 and 12 of law 4387/2016, the surviving spouse also received a percentage of the National Pension, from the transfer of a pension due to death, in parallel with the percentage of the National Pension, which came from the same right.

In the new circular published on the eve of the New Year of 2022, in order to justify the reversal of the interpretation, given in article 7 of law 4387/2016, for more than 5 years, it is stated that “the legislator of law 4387/2016, target had to secure a minimum pension, which would be financed directly from the state budget for each pensioner and not the accumulation of more national pensions “.

The teleological interpretation of the above provisions, however, is completely different: The national pension is not a welfare-type addition to the awarded pension, but a basic and integral part (with the distinctions of the law in terms of its amount) of the awarded “new” pension as defined in law 4387/2016 (National and Compensatory pension). It is inextricably linked to the pension and not to the recipient of the pension. For this reason, it should be awarded once, in each category of awarded pensions (eg both in the widow’s pension and in the same right). A different interpretation directly affects the principle of reciprocity, which has a constitutional guarantee. The deceased spouses also paid contributions, during their insurance life and the deprivation by the beneficiaries of the amount of the National Pension, will lead fatally to low pensions, disproportionate to the contributions paid by the deceased.

The addition of Ethniki to the contributory pension was and is the justification basis for the low rates of replacement of the contributory pensions, since with its addition, the overall rate is improved, especially in cases where we have a limited number of years of insurance.

It follows from the above that the purpose of the legislator was to strengthen and not to deprive the National pension of the beneficiaries. After all, those who currently receive more pensions from the same right (eg two old-age pensions) are already granted a National Pension.

Because young widows and disabled retirees, our most vulnerable fellow citizens, will see reductions in their pensions, which will reach 268 euros per month, at a time when the health crisis and precision are dramatically shrinking their income.

Because the above pseudo-interpretative circular creates conditions of unequal treatment among retirees before and after 1.1.2022 and issues of constitutionality of the provision are raised, as contrary to article 4 of the Constitution.

Because the previous interpretation of article 7 of law 4387/2016 is completely in line with the purpose of the law.

Because the new circular also affects pre-2016 retirees, who will never see increases in their pensions, as the so-called personal difference is magnified.

Because the “Tsakloglou circular” also negatively affects farmers who have become retired from 2017 onwards.

Because the principle of the justified trust of the citizen to the administration is violated when consolidated situations are overthrown, five and a half years after the law came into force and the financial planning of the beneficiaries is violently overthrown.

For all the above reasons,

The competent Minister is asked

1. Does it intend to revoke the “Tsakloglou Circular” in order to avoid the huge reductions, at the expense of widows and the disabled?

2. What steps will it take to protect retirees from the frightening wave of declining incomes?