The Supreme Court approves giving up pensions to continue contributing and earning more

He Supreme Court confirmed the decision of user a pension retirement Social security who waived it to continue contributing and receive a larger amount, realizing that it is not an irreversible situation or a waiver of the right to retirement.

In a judgment dated April 26, the Social Chamber of the High Court revokes the decision made by the Supreme Court of Justice of the Community of Valencia (TSJCV), in which it agrees with Social Security. The administration argued that it is not possible to waive the old-age pension once it has already been granted.

The only reason for the termination of the pension, the TSJCV states in the reasons — with the sanction of loss due to incompatibility — is, in accordance with its lifelong nature, the death of the pensioner, without it being prescribed by law or regulating the possibility of resignation.

Extend working life

The judges of the Supreme Court, for their part, believe that although it is true that “such a possibility is not expressly provided for by law, it is not expressly prohibited either, because the described situation in no way implies a waiver of the right to a pension, but a declaration that one does not want to enjoy it ​​in the recognized amount in order to claim it later, that is, when the user “considers that it is more convenient for his interests, and there are other circumstances (deficit and contribution) that may mean a greater benefit”.

It is not an illegal act, adds the Supreme Court, nor can it be understood that a person renounces a public social security benefit which, on the other hand, could not be enjoyed simply by never claiming it; Social security rights are not waived, he adds.

In addition, the pension application is not mandatory for those who reach the regular pension age. The system itself, recently reformed, enables and even encourages the prolongation of an active life with extraordinary benefits.