The Supreme Court (TS) resolves that when the last day of work coincides with the last day of a month, The date of the retirement pension must be computed from the day following the last day worked..
The high court, in a ruling issued on October 17, for which Judge Ignacio García-Perrote was the rapporteur, resorts to its jurisprudence of 1991 to ratify that the causative event must be set on the day following the effective cessation of work because , “if a worker concludes his daily work day, he already consumes the provision of services on that day, so it can hardly be understood that the cessation of work also occurred on that date.”
The Court thus agrees with a pensioner against Social Security. The worker, who ended his employment on January 31, 2019, maintained that his retirement date was February 1, 2019 and not January 31, as the Administration maintained. This meant that Social Security had to compute the contribution base to calculate the December 2018 pension and exclude the December 1996 pension, with the first computable base being that of January 1997.
This change in dates meant a greater regulatory basis for its provision.
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