Within the competent companies of the EFKA, because the “Insurance coverage and Pensions” insert reveals at present, many such choices of the Court docket of Auditors are to be executed with retroactive impact on the EAS deductions for pensioners who appealed both earlier than or after the choice 244/2017 of the Court docket of Auditors, with which it was deemed unconstitutional to withhold EAS from the primary State pensions or from the sum of most important pensions that exceed 1,400 euros gross.
Retirees who haven’t pursued authorized cures are retroactively entitled by the EAS to be paid a lump sum, which can be lower than the deductions that ought to have been returned to them over the two-year interval (2087-2018). that the EAS was deemed unconstitutional.
The EAS deductions from the State pensions for the 2 years 2017 and 2018 concern all State pensioners (politicians and particular payroll staff), who in the course of the disputed interval obtained a blended most important pension or sum of most important pensions of greater than 1,400 euros per thirty days.
The second determination of the Plenary Session of the Court docket of Auditors (1975/2021) applies universally to the pensioners in query, by which the EAS deductions for the interval February 2017-December 2018 should be returned as a result of they’re unconstitutional, whereas for one more motive the identical determination mentioned that from 2019 onwards the reservations are constitutional and due to this fact proceed to be enforced.
Within the EAS retrospectives, retirees are divided into three classes:
- To pensioners who filed lawsuits earlier than 2017, when the primary determination was issued on the unconstitutionality of the EAS.
- To pensioners who utilized for EAS after the choice.
- To pensioners who didn’t file a lawsuit both earlier than or after the choice, however adopted the directions of the competent ministers and particularly the Normal Accounting Workplace, submitting hundreds of their objections with the Normal Accounting Workplace with a request to cease the EAS deduction from their pensions and to be returned to them retroactively from bookings after 2017.
Pensioners with lawsuits are estimated to be round 8,000, most of whom appealed earlier than the Court docket of Auditors determination and are entitled to again pay for as much as 5 years, whereas those that appealed after the choice get backdated 23 months from February 2017, revealed in determination, till December 2018.
Nonetheless, a lot of the pensioners of the State haven’t filed appeals for the EAS, however base their claims on their written objections, which in keeping with the jurisprudence of courtroom choices set up a retroactive proper. All of the extra so because the first determination of the Court docket of Auditors (244/2017) acknowledges the unconstitutionality of the EAS no matter whether or not or not appeals have been filed.
The overall quantity of refunds has been costed by the competent companies of the Normal Accounting Workplace at 420 million euros. It considerations roughly 370,000 State pensioners who retired earlier than the Katrougalou legislation with a most important pension or the sum of most important pensions over 1,400 euros gross.
The choice doesn’t concern younger individuals who have retired from 13/5/2016 onwards, as a result of with the Katrougalou legislation the EAS was deemed constitutional for each younger folks and outdated pensioners.
Three-speed EAS refunds as much as 12,236 euros!
The EAS refunds, in keeping with the detailed tables ready and revealed by the “Insurance coverage and Pensions” insert, are of three ranges and attain as much as 12,235 euros, relying on the wage class to which the pensioners belong.
Based on the indicative tables within the insert with the retrospectives from the EAS:
- Pensioners coming from particular payrolls (judicial, college, and so on.) with out appeals are entitled retroactively for 23 months with quantities from 3,335 euros to 12,236 euros.
- Retired retirees who additionally belong to the particular payrolls, however with smaller pensions in comparison with judges and college staff, are retroactively entitled to as much as 10,120 euros.
- The remainder of the pensioners of the State (academics, ministries, public organizations, hospitals, municipalities, and so on.) are entitled retroactively for 23 months with quantities from 575 euros to six,256 euros, so long as they retired as high-ranking staff (basic managers, supervisors, heads of departments, and so on.) and so on.).
The retrospective cost orders from EFKA
The insert “Insurance coverage and Pensions” publishes indicatively three cost warrants for retrospective EAS deductions to pensioners who made particular person appeals and had been vindicated with refunds for 23 months from February 2017 to December 2028.
With the primary cost order (doc 1), the pensioner receives retroactive EAS or AKAGE, as acknowledged within the pension notices, 3,648.49 euros and retroactive curiosity of 619.37 euros, i.e. complete refunds of 4,267 euros.
With the second cost order (doc 2) the pensioner retroactively receives 5,403.04
euros and curiosity of 917.23 euros, i.e. complete refunds of 6,320 euros.
Within the third cost order (doc 3), the EFKA pays to a pensioner, following a courtroom determination, 5,127.62 euros in retroactive social safety contributions and 870.47 euros in curiosity, i.e. a complete of 5,998 euros in refunds.
Retroactive EAS funds by courtroom choices will not be delayed, as they’re instantly enforceable from the second they’re notified to EFKA.
The Ministry of Labor is engaged on situations for the discount of EAS deductions in all pensions above 1,400 euros and never solely the State, as as a result of deductions pension will increase are zeroed out or considerably restricted.
The profit for pensioners might be, on the one hand, the preservation of a larger a part of the revenue will increase and, however, the discount of the deductions from 20 to 70 euros per thirty days.
The situations into consideration embrace the abolition of EAS from supplementary pensions. The modifications might be voted on within the autumn and might be carried out both in 2024 or from 2025.
WON
The pensioners of the State who had the foresight to carry lawsuits towards the Normal State Accounts Workplace for the EAS earlier than the primary determination of the Court docket of Auditors (no. 244/2017) that discovered it unconstitutional are the massive winners, as they’re entitled to a 5-year retrospective with quantities as and 35,000 euros!
LOST
State pensioners who left after the Katrougalos legislation and obtain pensions over 1,400 euros gross will not be entitled to any refund from the EAS deduction, despite the fact that it’s the similar because the deduction returned to the outdated pensioners! Previous and new pensioners from all different Funds (IKA, DEKO, and so on.) are wronged, as a result of the EAS was deemed constitutional by the Council of State, which has jurisdiction over personal sector pensions.
Retrospective EAS for pensioners on particular authorities payrolls
| Preliminary most important pension (blended) | Pension earlier than tax (after deductions) | Month-to-month EAS reservation | |
| Retrospective EAS of 23 months | 3.800 € | 2.006 € | 532 € |
| 12.236 € | 3.650 € | 1.938 € | 511 € |
| 11.753 € | 3.575 € | 1.904 € | 501 € |
| 11.523 € | 3.500 € | 1.888 € | 455 € |
| 10.465 € | 3.425 € | 1.854 € | 445 € |
| 10.235 € | 3.350 € | 1.819 € | 436 € |
| 10.028 € | 3.275 € | 1.896 € | 426 € |
| 9.798 € | 3.200 € | 1.877 € | 384 € |
| 8.832 € | 3.125 € | 1.840 € | 375 € |
| 8.625 € | 3.050 € | 1.803 € | 366 € |
| 8.418 € | 2.975 € | 1.766 € | 357 € |
| 8.211 € | 2.900 € | 1.762 € | 290 € |
| 6.670 € | 2.825 € | 1.724 € | 283 € |
| 6.509 € | 2.600 € | 1.624 € | 234 € |
| 5.382 € | 2.525 € | 1.586 € | 227 € |
| 5.221 € | 2.450 € | 1.547 € | 221 € |
| 5.083 € | 2.375 € | 1.509 € | 214 € |
| 4.922 € | 2.300 € | 1.497 € | 161 € |
| 3.703 € | 2.225 € | 1.457 € | 156 € |
| 3.588 € | 2.150 € | 1.418 € | 151 € |
| 3.473 € | 2.075 € | 1.379 € | 145 € |
3.335 €
| Retrospective EAS for retirees | Preliminary most important pension (blended) | Pension earlier than tax (after deductions) | |
| Month-to-month EAS reservation | Retrospective EAS of 23 months | 3.385 € | 1.950 € |
| 440 € | 10.120 € | 3.290 € | 1.903 € |
| 428 € | 9.844 € | 3.195 € | 1.875 € |
| 383 € | 8.809 € | 3.005 € | 1.781 € |
| 361 € | 8.303 € | 2.910 € | 1.734 € |
| 349 € | 8.027 € | 2.530 € | 1.588 € |
| 228 € | 5.244 € | 2.435 € | 1.540 € |
| 219 € | 5.037 € | 2.340 € | 1.491 € |
| 211 € | 4.853 € | 2.245 € | 1.468 € |
| 157 € | 3.611 € | 2.150 € | 1.418 € |
| 151 € | 3.473 € | 2.055 € | 1.368 € |
| 144 € | 3.312 € | 1.990 € | 1.346 € |
| 119 € | 2.737 € | 1.925 € | 1.311 € |
| 116 € | 2.668 € | 1.860 € | 1.277 € |
| 112 € | 2.576 € | 1.795 € | 1.316 € |
| 108 € | 2.484 € | 1.730 € | 1.279 € |
| 104 € | 2.392 € | 1.665 € | 1.273 € |
| 50 € | 1.150 € | 1.600 € | 1.235 € |
| 48 € | 1.104 € | 1.535 € | 1.197 € |
| 46 € | 1.058 € | 1.470 € | 1.160 € |
| 44 € | 1.012 € | 1.425 € | 1.144 € |
25 €
| 575 € | Retrospective EAS for civilian pensioners of the State | Preliminary most important pension (blended) | |
| Pension earlier than tax (after deductions) | Month-to-month EAS reservation | Retrospective EAS of 23 months | 2.720 € |
| 1.692 € | 272 € | 6.256 € | 2.435 € |
| 1.540 € | 219 € | 5.037 € | 2.245 € |
| 1.468 € | 157 € | 3.611 € | 2.150 € |
| 1.418 € | 151 € | 3.473 € | 2.055 € |
| 1.368 € | 144 € | 3.312 € | 2.000 € |
| 1.430 € | 120 € | 2.760 € | 1.960 € |
| 1.330 € | 118 € | 2.714 € | 1.925 € |
| 1.388 € | 116 € | 2.668 € | 1.865 € |
| 1.280 € | 112 € | 2.576 € | 1.850 € |
| 1.346 € | 111 € | 2.553 € | 1.775 € |
| 1.304 € | 107 € | 2.461 € | 1.770 € |
| 1.229 € | 106 € | 2.438 € | 1.700 € |
| 1.293 € | 51 € | 1.173 € | 1.675 € |
| 1.278 € | 50 € | 1.150 € | 1.625 € |
| 1.249 € | 49 € | 1.127 € | 1.580 € |
| 1.223 € | 47 € | 1.081 € | 1.550 € |
| 1.206 € | 47 € | 1.081 € | 1.485 € |
| 1.169 € | 45 € | 1.035 € | 1.475 € |
| 1.163 € | 44 € | 1.012 € | 1.425 € |
| 1.144 € | 25 € | 575 € | 1.400 € |
1.144 €
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