High Court of Justice Ruling in Favor of Retiree
The High Court of Justice in the Murcia region has delivered a significant ruling that protects the rights of a Moroccan retiree, rejecting the Spanish Social Security's attempt to reclaim over 15,000 euros. The court affirmed that the retiree's time spent in Morocco does not compromise his entitlement to the minimum pension supplement, a crucial component of his financial support.
This decision builds upon an earlier ruling from the Cartagena Labor Court, which had previously dismissed the claims made by the National Institute of Social Security (INSS). The INSS had asserted that the retiree had «wrongfully obtained» a sum of 15,318.80 euros and sought to discontinue his supplement payments. The court's recent judgment underscores the importance of maintaining financial stability for retirees, particularly those who have fulfilled their contributions under the Spanish-Moroccan agreement.
Legal Victory for the Retiree
The Moroccan retiree, residing in Pozo Estrecho, has been receiving his pension since 2014, benefiting from an agreement that guarantees a minimum supplement. The Social Security's contention was based on the retiree's extended stays in Morocco, claiming that these absences exceeded the stipulated limit of 90 days per year. This led them to seek the retroactive cancellation of the supplement in 2024, demanding repayment of the funds received.
However, the court sided with the retiree, emphasizing that the minimum supplement is an inherent part of his pension rights and cannot be revoked or reclaimed. The court further noted that the duration of his stays in Morocco was «insignificant» and did not violate any legal provisions regarding pension entitlement. This ruling not only reinforces the rights of retirees but also highlights the importance of fair treatment within the pension system.
As reported by en.yabiladi.com.