2024-04-19 20:27:42
The trial of the judges that will decide the fate of the cuts in gifts and pension benefits (main and auxiliary) during the eleven months of June 2015 – May 2016, is scheduled for tomorrow, Wednesday, with experts estimating that with its decision a definitive end to the series of legal claims and retroactive payments, concerning pension cuts during the memorandum period.
The trial has been scheduled to a high degree, following the different decisions taken by the Supreme Court and the Court of Auditors, in relation to the pensioners’ claims. And it concerns the constitutionality or otherwise of the provision of Law 4093/2012 for the payment of gifts from 2015-2018 in the private sector. Of course, the experts clarify that in any case, the decision will be extended to the public sector as well. According to lawyers, due to waiting for the decision, more than 700 lawsuits (individual or individual) have already been postponed and by the time the decision is issued we will exceed 1,200. In practice, it concerns more than 250,000 beneficiaries who suffer with applications and appeals, while it burdens the administrative courts with a huge burden, which remain “burdened with retroactive lawsuits”.
In detail, the Supreme Court ruled unanimously that the cuts in the supplementary pensions of the private sector in terms of Christmas and Easter gifts and the leave allowance for the 11 months from 2015 to 2016, are constitutional. The judges ruled that the cuts were made to serve matters of general interest, touching on the public interest, as they are related to the economic rescue of the country. In contrast, the Court of Auditors has ruled unconstitutional the cuts to gifts and vacation pay made under the fiscal adjustment laws in 2012, but also for the 11 months between 2015 and 2016.
Thus, now, the Supreme Special Court is called upon to resolve the specific issue. In fact, his decision will determine whether all the other trials that are still being heard either by the competent Courts of First Instance of the country, or in the second instance, by the Courts of Appeal, will have a positive or negative outcome.
It should be noted that the government under the previous government scheme, in October 2021 paid retroactive amounts for cuts to the main pensions only, following a similar court decision of the Supreme Court. But then the sums given to the pensioners covered only a part of the claims. Based on the estimates, the full performance of the retroactives would reach approximately €2.5 billion, namely €723 million for the ancillary retroactives and €1.875 billion for the public and private sector gifts.
The auxiliaries
Caution. The case does not concern the reductions imposed on supplementary pensions, meaning that even if the Special High Court rejects the return of the gifts, the pensioners are retroactively entitled to the cuts to their supplementary pensions.
Source kathimerini.gr