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In contrast, thousands of retirees are counting for the flashbacks corresponding to unconstitutional cuts in memorandum laws based on past and recent CoC decisions. Your payment is expected to be made in the last ten days of October. The lawyer, social security expert, Dionysis Rizos explains in detail in enikos.gr who and how many have received and what will happen to those retirees who have not filed lawsuits.
Attorney Dionysis Rizos writes
The process of paying close to 850-900 thousand retirees from the private sector of the retroactive payments that correspond to unconstitutional cuts of ordinance laws based on the old and recent decisions of the CoE enters the final stage. The payment as everything indicates will be made in the last ten days of October. The amounts to be paid will not be guaranteed while the taxation will be made with tax withholding. Furthermore, these amounts will not be offset by debts of the beneficiary with the State or EFKA. In the relevant CoC decisions, the provisions relating to: 11 months from 6/2015 to 5/2016, when Mr. Katrougalou was voted in, were considered unconstitutional.
1. The 12% reduction in the part of the main pension that on 12/31/2014 exceeded € 1,300.
2. The reduction of the 1st euro to the sum of principals and auxiliaries with a scale of 5%, 10%, 15%, 20% for accumulated amounts of € 1,000, € 1,500, € 2,000 and € 3,000 respectively.
3. The reduction in the amounts of supplementary pensions by 10%, 15% and 20% for supplementary pensions that exceed up to € 250, exceeded € 250 and € 300 respectively.
With the government amendment, however, only amounts related to major pensions will be reimbursed, while no reference is made to gifts and allowances. In fact, after the payment of the amounts, any other possible claim of the pensioners is amortized and no other amount can be claimed unless the pensioner has already appealed in court. Specifically, the amount to be awarded refers to:
– 850 – 900,000 thousand pensioners who are beneficiaries of main pensions in the private sector who received a main pension of more than € 1,000 or a sum of principal and auxiliaries of more than € 1,000.
– amounts that, based on the CoF decision, are reduced to 11 months from June 2015 to May 2016.
The amount to be awarded does not affect:
the amounts of gifts and bonuses
– Cuts in supplementary pensions that were also deemed unconstitutional
– private sector pensioners whose pension was and is less than € 1,000
interest on refunds
It should be clarified how those who have filed a lawsuit, in the event that the courts acquit them in the future, will pay the amounts won by court decision minus the retroactive payments that each pensioner will currently receive. Thus, the retroactive payment creates 3 categories of retirees for which different data apply and their treatment is completely unequal. Specifically:
1st Category: Those who have retroactive rights and have filed a lawsuit
This category includes those pensioners from the private sector who received a main pension of more than € 1,000 or the sum of their main and auxiliary pensions was greater than € 1,000 and have already filed claims. They will receive the retroactive amount and without any restriction they will be able to continue the lawsuit.
Example
IKA retiree who retired in 2013 with a main pension of € 1,435.5 and an auxiliary pension of € 442.1. You have filed a lawsuit and claim:
This pensioner has a total claim of € 5,260.48. He expects to receive € 1,567.2 gross in October. The remaining 3,693.2 will be able to claim them in court and if your claim is won you will be able to receive the additional amount.
2nd Category: Those who have retroactive rights and have not filed a claim to date
This category includes pensioners from the private sector who received a main pension greater than € 1,000 or the sum of their main and auxiliary pensions was greater than € 1,000, but to date they have not taken legal action. For the specific ones, the payment of the retroactive ones closes the issue and nothing new can be claimed. As of the date of payment, no other claims can be upheld. If you want to sue, you must do so before payment.
Example
In the previous example, you receive a main pension of € 1,435.5 and an auxiliary of € 442.1. So the possible statement would be:
The retiree will receive € 1,567.2 gross. The balances that you could claim from the payment on are lost.
3rd Category: Those who will not receive any amount
In this category we find some 1,600,000 low-income retirees whose main pension was less than € 1,000 or the sum of their main and auxiliary pensions did not exceed € 1,000. They will not receive money.
Example
IKA retiree with a main pension € 775.1 and a supplementary pension € 142.1. You could claim:
This retiree will not receive anything.
Heirs
As the pension is a personal right, the heirs of pensioners who received a pension and were entitled retroactively but in the interim period from 2015 to today “left”, not they will get something out of a more recent decision. Nor will the surviving spouses who receive the widow’s pension receive it if the widow’s pension has been granted before 5/2016 and this in turn exceeds the limit of € 1,000. On the contrary, if the deceased has filed a lawsuit and has already filed a lawsuit, they can continue the claim as successors in the trial and if they are acquitted in court, then they can receive some amount.
State pensioners
Thousands of public retirees are waiting as the corresponding slightly mixed amendment is expected in the coming days. The information, however, says that the amounts of retroactive payments that will be given to public pensioners will be lower.
Examples
– Retiree from OAEE / ex TEVE with a total of 37 years of insurance and his gross main pension amounts to € 1,612.1. The cutoff for law 4051/12 is € 22.9 / month and the cutoff for law 4093/2012 is € 73.4 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 1,059.3.
– Retiree from OAEE / former APR with a total of 40 years and gross main pension of € 1,255.4. The cut of law 4051/12 is € 0 as it does not exceed € 1,300 while the cut of law 4093/2012 is € 62.77 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 690.47.
– Retiree from TSMEDE with a total of 35 years of insurance and a gross main pension of € 2,094.9. The cut of law 4051/12 is € 59.8 / month while the cut of law 4093/2012 is € 173.8 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 2,569.6.
– Retiree from the EBRD / ex TSAW with a total of 42 years of insurance and a gross main pension of € 1,899.1. The cut of law 4051/12 is € 44.1 / month while that of law 4093/2012 is € 162.3 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 2,270.4.
– Retiree / former EBRD Legal Fund with a total of 44 years of insurance and gross main pension amounts to € 1,345. The cut of law 4051/12 is € 14.08 / month while that of law 4093/2012 is € 131.4 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 1,600.5.
– IKA retiree with a total of 39 years of insurance and a gross main pension of € 1,389.1 and auxiliary pension of € 344.1 / month. For the main pension, the reduction in Law 4051/12 is € 6.15 / month and the reduction in Law 4093/2012 is € 134.51 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 1,547.15.
– IKA retiree with a total of 35 years and a gross main pension of € 1,041 and a supplementary pension of € 294.1 / month. For the main pension, the reduction in law 4051/12 is € 0 / month and the reduction in law 4093/2012 is € 52.05 / month. Therefore, for a total of 11 months, you will be retroactively entitled to € 572.55.
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