The Supreme Court confirms that retired officials who carry out private activities will receive only 50% of the pension

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The Court overturns an appeal of a teacher who worked as a lawyer, and thus ratifies the sentence that grants him “50% of the pension when developing an activity in the private sphere”


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The Supreme Court confirms with a ruling that the retirement pension of officials who perform activities in the private sector after their retirement from the public sector will be “equivalent to 50% of the resulting amount.”

The text, to which this newspaper has had access, confirms what is regulated in “article 33.2 of the revised text of the Law of Passive Classes of the State”.

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The Supreme Court thus determines that there is no place for an appeal requested by a citizen before a judgment of the National Court. The plaintiff worked as a biologist in the teaching staff and as a “lawyer” in the private sphere, but, according to the Supreme Court, “such distinction is irrelevant, as the contested sentence has correctly interpreted.”

The High Court thus confirms “the liquidation of retirement pension assets and recognizes the right to receive 50% of the pension when developing an activity in the private sphere”, thereby supporting the judgment issued in December 2018 by the Seventh Section of the Contentious-Administrative Chamber of the National Court. That is, the regulations were already clear In this regard.

Spanish legislation states that “the receipt of retirement or retirement pensions will be incompatible with the exercise of an activity, self-employed or employed, that gives rise to the inclusion of its holder in any public Social Security scheme”.

The second additional provision of the State Passive Classes Law also indicates that “In the event of carrying out a compatible activity, the amount of the pension will be equivalent to 50% of the amount resulting from the initial recognition, once the maximum limit of public pension has been applied, if applicable, or that which the pensioner is receiving on the date of commencement of the activity, excluding, in any case, the minimum supplement, which may not be receive during the time that pension and activity are reconciled “.

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