You pension retirement could be denied If you do not meet all the contribution requirements, you have debts or you have not made the appropriate payments of the contributions as a self-employed person, this is what happened to Rafael, a 68-year-old worker, who had contributed more than 47 to the Social security.
The worker, born in 1952, had not been aware of how much and when to pay their contributions to the Special Regime for Workers Self-employedsomething that played tricks on him in the long term. Rafael requested access to the contributory retirement pension to Social Security in 2020, at 47 years, 4 months and 4 days of contributions. Finally, due to a pluriactivity regime, it had 45 years, 2 months and 2 days countable for benefit purposes, 793 days less.
When the man received the response to his request, he discovered that it had been denied by the National Social Security Institute (INSS) for reasons included in article 28.2 of Decree 2530/1970, which regulates the Special Social Security Regime for self-employed workers: had a debt that would stop access to the pension. Given the resolution and his discontent with it, he filed a claim, without success.
In the Special Regime for Self-Employed Workers (RETA) it was stated that Rafael owed a sum of 1,624.97 euros of installment payments in different periods. This situation led the worker to present his case in court to try to obtain a pension in court after a long working life.
For its part, the Superior Court of Justice of Catalonia (TSJC) dismissed in March 2023 the appeal presented by Rafael against the Social Court No. 21 of Barcelona and argued that the man could not count on this type of pension for several reasons. One of them, that at the time he requested access to retirement, he was still working and was discharged in Social Security until April 2021. In addition, it was essential that non-payment of contributions was not recorded.
In addition to the unpaid installment, the man had a prescribed debt worth 16,661.30 eurossomething that has finally been exempt from the resolution. Despite the 47 years that Rafael has spent working, for now he will not have the right to a retirement pension, even though the sentence is not yet final. Although the TSJC has been clear in its writing, the worker You can still file an Appeal of Cassation for the Unification of Doctrine before the Social Chamber of the Supreme Court.
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