New decision "locks" gifts in the state

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The decision of the bomb takes over € 1,000 on the 13th and 14th salaries in the restricted public sector and is a prerequisite for the definitive return of Donations to the pension.

Decision 946/2018, issued by the Sunday's Free Press, was released on 8/8/2018, and for the first time justified the Strait of State officials, and in particular five officials from the Department of Justice who initiated legal proceedings in October 2016, demanding the return of the Christmas gift (500 euros), the Easter gift (250 euros) and the holiday allowance (250 euros) for the years from 1 January 2013 until the date of their application.

Gifts replaced the two salaries in the state, which, under Law 3845 of 2010, were limited to an annual amount of 1,000 euros, of which employees received 500 euros instead of the 13th salary as a gift Christmas and 250 euros + 250 euros Easter and a license, respectively, instead of the 14th salary they had before applying the discounts.

Appeals by civil servants from municipalities led to the overthrow of legislation, and the courts of justice claimed hundreds of civil servants for the restitution of gifts, partly with the partial payment of 13th and 14th salaries of 1,000 euros.

The new decision, however, has a special weight, as it is the first to also justify the return of gifts to officials of ministries, which has not yet occurred.

Each of the five eligible beneficiaries receives EUR 2,000 with a 6% interest for two years and the Ministry is now obliged to pay the donation.

The justification for the decision indicates that the deletion of donations from 1/1/2013 to
wages, provided by Law 4093, were applied after their reduction to 1,000 euros in 2010 and additional reductions in premiums had already been granted.

The decision states that those who are entitled to it are civil servants, who carry out their duties in the Ministry of Justice with a contract of private law of indefinite duration, while they are remunerated at the same salary as permanent civil servants.

The complete abolition of holiday gifts and leave entitlements as of 1/1/2013 has made their place and the dignity of living as defined by the European Convention on Human Rights difficult. State intervention in individual badets such as salaries and pensions is allowed for reasons of public interest (eg, avoid total bankruptcy of the country), but in the case of A court, such intervention should be proportionate to the citizens financial capacity so that those who are already in a difficult situation do not have the same burden.

The employees, with a gross salary of 1,220 euros, claimed a total of 3,500 euros each with retroactive gifts and allowances from 01/01/2013 to 27/10/2016, date of the service of their action at the Ministry of Finance. Justice.

The case was tried on April 18, 2018, but the court limited their claims from 2014 to 2016, that is to say for two years, invoking limitation clauses no later than two years after the beginning of the trial.

Precursor

The new ruling is a precursor to such decisions to return gifts to the state, even when officials file with their departments a request for suspension of the limitation and retroactive claim for more than two years.

The return of gifts to state wages, in accordance with decisions made so far, and in particular to the new decision to return gifts to ministry officials, constitutes a "pilot project" for donations of retirees.

The difference lies in the fact that pensioners can claim, for the same reasons, a rebate of € 800 per year as Primary Pension Donations and the return of two additional supplementary pensions with a retroactive 5 years at the end of the year. place of 2 years.

The calls of the pensioners are now thousands and the judgments that they will judge and, for them, the possibility of reintroducing or not the Donations and Allocations of 1/1/2013 granted to the primary and complementary pensions.

Steps to be taken by officials and retirees

Public servants must contact their payroll department (in accordance with the ADEDY application form that we publish) to request "to receive Christmas, Easter and 2013-2018 holidays, because". they were unconstitutional abolished by the provisions of Law No. 4093/2012 and Law No. 4354/2015, reserved for the exercise of all my legitimate rights ".

Retirees should include the requirement to return gifts in the online application that they submitted to the FECOM or about to submit.

If they request it, they can reopen it via the EFCA website and choose a "correction". If they do not include the obligation to reset the gift, add it to the item "B" in the last box indicating the possibility of writing their comments and their complementary request. With the correction, the application is submitted again without changing the original electronic protocol number.

Refund of a refund of gifts and pensions

Main retreat today before tax Pre-tax auxiliary retirement 4051 reduction 4093 discount Canceled gifts Refunds per year
(*) the main pension in the main (*) main pension in the supplementary pension (*) main pension supplementary pension
1.497 191 78 85 281 51 800 382 7.122
1.360 177 55 79 255 48 800 354 6.398
1.304 190 33 75 154 30 800 380 4.684
1,188 163 14 64 141 26,800 326 4,066
1.114 153 2 43 132 24 800 306 3.518
1,054,143 0 38 59 11,800 286 2,382

What does retroactivity and the amount of repayments depend on

The retrospective and the amount of the repayments depend on the way the Supreme Courts (in this case the Council of State) will judge the catastrophic law on the recalculation of pensions, says the lawyer Maria-Madalini Tsipra in his "ET" Sunday

In a statement, she said: "A number of laws have reduced the main and ancillary pensions from the onset of the 2010 economic crisis to the present day, but they have not been found to be unconstitutional by the government. State Council, with the exception of decisions rendered on June 10, 2015, which concluded that 4051/2012 and 4093/2012 were unconstitutional.

As of that date, the government was required, in accordance with art. 95 of the Constitution and the European Convention on Human Rights, aiming at abolishing cuts and restoring pensions to those paid on 1 January 2013.

The May law of Catrugal, introduced in May 2016, introduced a new method of calculating primary and supplementary pensions, with the express provision that already repurchased pensions are recalculated on a new basis, and any difference between the pension paid by the recalculation and the pension paid are maintained as personal litigation.

In order for the recalculation and maintenance of the personal conflict to be fair and honest, the pensions already paid in 2015 should have been determined in the manner set by the State Council decision, that is to say without the reductions provided by Law 4051. / 2012 and 4093/2012.

Thus, the personal difference that would be attributable to a former retiree would obviously be greater since it would incorporate the requirements of the decision of the State Council.
This has not been done by the law of Catastroucus. On the one hand, the government did not execute the decision between June 10, 2015 and the adoption of the law on May 12, 2016 and, on the other hand, rather than take the pensions paid before the unconstitutional cuts, the pension payments were based on at a time when the cuts had already taken place.

With this treatment, the law of Catastroge eliminated the decisions of the Council of State, continuing to take into account the unconstitutional cuts contrary to the general effect of the plenary decisions of the Council of Europe and to the constitutionally guaranteed obligation of the Administration to respect court decisions.

The State Council was therefore called upon to rule on the constitutionality of the Catastrophus Act. A decision has not yet been officially adopted.

In any case, the crisis of the Council of Europe will also have a direct impact on retroactive claims after May 12, 2016, because if the law of Catastroge is considered constitutional, the attempt to restore pensions will be considerably impeded. "

From the print edition of the Sunday Free Press