Pensions: Retroactive payments of 4,000 euros are coming from auxiliary and Gifts

Table of Contents

However, for the restoration of the cuts, the decision will have the same weight for approximately 850,000 pensioners, who did not file appeals, but have the same cuts in both supplementary pensions and gifts of main and supplementary pensions.

A total of 1.2 million pensioners are waiting for retroactive payments and the decision of the AED will be a catalyst for developments in the decisions that the government will have to take, given that the cuts in question have already been ruled unconstitutional by the Council of State ( SC).

The appeal to the AED was made by the Supreme Court on the occasion of the dichotomy that existed between A.P. and CoE on whether or not the cut in Gifts for Bank of Greece pensioners is constitutional or not.

Pending the decision, it has frozen (as happens when high court decisions are pending) the adjudication of class actions pending for about 360,000 in the Courts of First Instance, and the process will start again once the decision of the AED is announced. In any case, however, the AED cannot overturn the previous decisions issued by the Supreme Court, which vindicate those who claim 11 months of refunds from reductions in supplementary pensions that were deemed unconstitutional.

The Insurance and Pensions tab publishes all pensioner back tables today, as the looming decision will reopen the issue of refunds and, in particular, who the government will pay and when.

In any case, after the decision of the AED, a wave of court decisions is expected for the retroactive 11 months of supplementary pensions.

The assessment of the content of the decision is that the AED will recognize the validity of the decisions of the SC and will not enter into the essence of the disagreement that exists from the AP. In practice, as legal circles explain in the “Insurance and Pensions” insert, pensioners who have pending lawsuits will be retroactively entitled to reductions in supplementary pensions and Gifts of main and supplementary pensions.

Once the AED’s decision is published, the government will have to consider its options to finally resolve the backlog that the 360,000 pensioners have, but also whether they should be retroactively vindicated by another 850,000 pensioners who have the same cuts to supplementary pensions , but they have not filed appeals.

What will happen if the Supreme Special Court (SEC) deems the pension cuts constitutional?

If the AED accepts the position of the Supreme Court, that is to say that gifts were well abolished from the supplementary pensions of the Staff Fund – and now the Insurance Organization – of the Bank of Greece (BoG), even though the CoE ruled to the contrary, then it will have to take a position overall on whether the cut of all Gifts (main and supplementary pensions) is constitutional for all pensioners. In this case (which has little to no chance) there will be no claim for pensioner Gifts retroactively and claims for supplementary pension cuts will remain active.

From 500 million euros to 2 billion euros the cost of retrospectives

After the decision of the AED, the government will be obliged to consider the payment scenario with legislative regulation, to stop the suffering of the pensioners.

Already, the Ministry of Labor is looking at how many retirees have pending lawsuits by July 2020, in order to calculate the amount of back pay they are entitled to.

The amount for refunds of 11 months’ reductions in supplementary pensions together with Gifts for the 360,000 pensioners who have filed appeals does not exceed €500 million.

If the gifts of the main pensions for the 360,000 pensioners are included in the account, then the account rises to 750 million euros.

If the government decides that retroactive payments should also be made to those who did not appeal, then the bill exceeds 2 billion euros and can only be paid in several installments (over 5 years).

If all claims based on court appeals are paid, and for reasons of social justice the pensioners who have not gone to court get a lump sum (e.g. €600), then the total cost of retrospectives does not exceed 1.2 billion. euros and can be repaid in installments of three to five years.

The 11-month retrospectives for supplementary pensions

The retroactive payments from supplementary and Gifts that retirees are entitled to, depending on the Fund they belong to, are indicatively structured as follows:

*For IKA pensioners, retroactively from 692 euros to 2,372 euros.

*For pensioners from DEKO Funds and banks, retroactively from 1,235 euros to 4,004 euros.

*For State pensioners, retroactively from 787 euros to 2,820 euros.

*For pensioners of other auxiliary funds (Lawyers, Commercial Clerks, Bakers, etc.), retroactively from 668 euros to 2,399 euros.

*For NAT pensioners, retroactively only for the reduction of supplementary benefits from Law 4093 and the Subsidiary Gifts from 503 euros to 1,985 euros.

THE 11-MONTH HISTORY FOR SUPPLEMENTARY GIFTS PER FUND FOR PENSIONERS BEFORE 13 MAY 2016

Supplementary pension before tax RETROSPECTIVELY
From reduction of law 4051 From reduction of law 4093 From Dora Final payment amount
PENSIONERS IKA
294 € 1.069 € 642 € 661 € 2.372 €
262 € 899 € 360 € 589 € 1.848 €
235 € 807 € 323 € 528 € 1.658 €
212 € 728 € 291 € 477 € 1.496 €
201 € 690 € 276 € 452 € 1.418 €
191 € 438 € 124 € 429 € 992 €
181 € 415 € 118 € 406 € 939 €
176 € 254 € 114 € 394 € 762 €
160 € 230 € 104 € 358 € 692 €
PENSIONERS OF TEN-BANK FUNDS
504 € 1.832 € 1.099 € 1.073 € 4.004 €
436 € 1.584 € 950 € 979 € 3.514 €
386 € 1.402 € 841 € 867 € 3.110 €
361 € 1.311 € 786 € 811 € 2.908 €
308 € 1.119 € 671 € 692 € 2.483 €
288 € 989 € 395 € 647 € 2.031 €
235 € 855 € 513 € 528 € 1.896 €
224 € 767 € 307 € 502 € 1.575 €
205 € 495 € 281 € 459 € 1.235 €
PUBLIC PENSIONERS
350 € 1.271 € 763 € 786 € 2.820 €
323 € 1.174 € 704 € 726 € 2.604 €
279 € 1.013 € 608 € 626 € 2.248 €
233 € 845 € 507 € 522 € 1.874 €
224 € 769 € 308 € 503 € 1.579 €
199 € 482 € 273 € 447 € 1.202 €
187 € 452 € 256 € 419 € 1.128 €
175 € 422 € 239 € 392 € 1.053 €
181 € 262 € 118 € 407 € 787 €
PENSIONERS OF OTHER SUPPLEMENTARY FUNDS
341 € 1.168 € 467 € 764 € 2.399 €
317 € 1.086 € 435 € 711 € 2.232 €
286 € 1.039 € 624 € 643 € 2.306 €
259 € 939 € 563 € 580 € 2.083 €
241 € 874 € 524 € 540 € 1.938 €
235 € 807 € 323 € 528 € 1.658 €
215 € 738 € 295 € 483 € 1.517 €
205 € 503 € 281 € 459 € 1.242 €
154 € 222 € 100 € 345 € 668 €

NAT PENSIONERS (retrospective only from the reduction of law 4093/2012)

Supplementary pension before tax RETROSPECTIVELY
From reduction of law 4093 From Dora Final payment amount
449 € 978 € 1.007 € 1.985 €
381 € 830 € 855 € 1.685 €
310 € 675 € 696 € 1.371 €
262 € 572 € 589 € 1.160 €
237 € 325 € 533 € 858 €
215 € 295 € 482 € 777 €
200 € 274 € 449 € 723 €
185 € 254 € 415 € 669 €
174 € 113 € 390 € 503 €

#Pensions #Retroactive #payments #euros #coming #auxiliary #Gifts
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