Pensions: « Decision Station » of the Court of Auditors, paves the way for increases

Restore all the main pensions in the public and private sectors to 60% of the beneficiaries’ retirement earnings, when they were employees, requests the single network of pensioners (ENDISY), referring to a decision by the Court of Auditors.

Specifically, the Court of Auditors, by Decision 0695/2024 of the 6th Department, ruled that the new pensions from 13-5-2016 onwards should not be less than 60% of the retirement earnings at the time of leaving his work.

Endissy speaks of a « station decision », which paves the way for thousands of pensioners to claim significant increases in their earnings. As a result, it calls on its members and those who have retired by request from 13/5/2016 to contact them to be informed and act accordingly if they receive lower pensions.

What does the president of Endissy declare

As he explains in In The President of the Endousan Nikos Hatzopoulos, the decision of the Court of Auditors, who justifies four pensioners who had filed lawsuit, creates a significant res judiciary. However, this does not mean that it can be applied horizontally to all « new » pensioners who receive a reduced pension.

Evaluation of each case must be preceded by separately and follow a legal procedure with lawsuits. The president of ENDISY believes that it is worth mobilizing all those who receive pensions under 60% of their retirement earnings, if they can and should receive significant increases.

As we read in the Court of Auditors’ decision, all four plaintiffs who were justified were retired Armed Forces, in high -ranking positions (Honorary Chiefs of Navy, Air Force and Army Staff).

The decision of the 6th Department of the Court of Auditors pressed in an earlier decision of the Plenary of the Audit (2020/2020), and partially accepted the claims of the plaintiffs.

Not to ‘overturn the level of life’

As it was decided, the first one is set to receive EUR 16,110, the second 542.28 euros, the third EUR 6,471 and the fourth 8,455 euros.

« But the most important thing is that the decision notes that pensioners should not be » overthrow of the level of life « resulting from their pension. Therefore, it is considered that the pension should not be lacking in retirement earnings at the time of leaving their work, at a rate of 40%. This means that pensions can reach up to 60% of retirement earnings. Consequently, the appropriate adjustments must be made, where the percentage of pensions is less, ”the ENDISY points out.

Indeed, he gives the following example, a member of the Network, a pensioner of the public sector:

Professor with retirement earnings of € 2,002.54 by 60% on the basis of the Court of Auditors’ decision, the main pension decision should have been mixed € 1,201,524 (national + contributory), while its decision is € 864.22 (national + reciprocal). The difference is 337,304 €.

What do law firms say

As confirms a law firm specializing in military cases, the Supreme Court has decided that the pension should ensure the « reasonable ratio » between salary and retirement earnings so as not to overturn the level of pensioners’ lives

That is why it obliged the EFKA to increase the pension of the applicants to reach 60% of the remuneration they received before their retirement (the remuneration that had reservations of main pension). Also pay retroactively the difference from the retirement date, including the amounts resulting from the Solidarity Contribution (EAS).

It is clarified that this particular decision of the Court of Auditors concerns military and uniforms who belong to categories with higher retirement earnings

However, « the rationale of the decision linked to the active earnings with the retirement, and the » legal and legitimate « expectation of retirees, after completing their career to enjoy » the appropriate level of living and after their retirement « . Therefore, it must be concerned and applied to all politicians of the public pensioners, « the lawyers think.

It also warns that « Decision 0695/2024 is an important development, but your claims may be subject to time limitations and limitations ».

Time -consuming procedures

In any case, judicial decisions such as the above, it is important to promote them, but they should not be considered a « panacea ».

Those who want to seek increases in their pensions, if they receive under 60% of retirement earnings, should consider very carefully all possible and be informed globally before proceeding with legal moves.

The only sure thing is that this is a time -consuming process – without calculating the cost. As we read in the Court of Auditors’ decision, the lawsuits were filed in 2020. The audit met in October 2021. The case was judged two years later (June and November 2023). The decision was issued by the end of May 2024, and is widely published today, at the initiative of ENDISY.

Read the full decision of the Court of Auditors Here