Legal Victory for Moroccan Pensioner Against Belgian Mutual Fund
A Belgian mutual fund recently attempted to reclaim a staggering sum of €14,492.61 from a Moroccan pensioner who was also receiving disability benefits in Belgium. After navigating through a convoluted legal process marked by four contradictory rulings, the court ultimately decided that the pensioner does not owe any repayment, instead ruling against the mutual fund.
The individual in question had been employed in Morocco from 1986 to 2013 before relocating to Belgium in January 2015, where he continued to work. In February 2019, he was declared unfit for work and began receiving benefits from the Socialist Mutualities Federation of Brabant. Starting January 1, 2020, he also began receiving a pension from Morocco. Upon learning about his Moroccan pension, the mutual fund requested additional information regarding his foreign entitlements in March 2021. The pensioner promptly provided his pension certificate, bank statement, and a declaration indicating that all amounts were in Moroccan dirhams.
However, just weeks later, the mutual fund claimed that he had been overpaid by €14,492.61. Initially, they mischaracterized his Moroccan pension as a disability benefit but later acknowledged it as a retirement pension. This correction did not immediately alter the amount they were demanding.
Protracted Legal Battle and Final Ruling
In December 2021, the Francophone Labor Tribunal in Brussels sided with the mutual fund, ordering the pensioner to repay the full €14,492.61. The pensioner, however, appealed the decision, emphasizing that he had consistently declared his financial situation and highlighting the challenges he faced in transferring funds from Morocco to Belgium.
During the appeal process, the mutual fund recalibrated its calculations, ultimately reducing the overpayment for the period from January 2020 to March 2021 to €1,383.81. After accounting for deductions already taken from his benefits, they sought only a few hundred euros from him. The Brussels Labor Court recognized that receiving both a Moroccan retirement pension and Belgian disability benefits fell under the anti-cumulative rules established by the social security agreement between the two countries, thus validating the mutual fund's revised calculations.
Nevertheless, the mutual fund could not reclaim the amount. In a ruling dated July 2, 2025, the court described a "total mess" in the handling of the case. Despite being informed of the pensioner's Moroccan career as early as July 2019, the mutual fund waited over a year and seven months before seeking further information. It ultimately took four decisions and more than three years for the mutual fund to accurately identify the benefits received and apply the correct regulations.
Throughout this period, the pensioner had responded promptly to requests, submitted all required documents, and had not provided any inaccurate information. The court determined that the errors were solely the fault of the mutual fund, noting that there was no evidence to suggest the pensioner knew or should have known that his Belgian benefits were excessive. Unlike cases where income earned in Morocco goes unreported in Belgium, the pensioner was not accused of any concealment.
As a result, the initial ruling was completely overturned. The pensioner was not required to repay any disputed amounts, and the mutual fund was ordered to refund the sums previously deducted from his benefits. Additionally, the court awarded him €500 in damages, stating that the mutual fund's repeated mistakes had caused him financial difficulties, significant stress, and unnecessary administrative hassles that could have been avoided.
As reported by bladi.net.
