A court recognizes the maternity supplement to an octogenarian with eight children
Day yes, day too, the courts are ruling against Social Security, forcing it to recognize the maternity supplement in pensions included in the 2016 regulations for men who met the established requirements. The last known case in Galicia is that of an octogenarian, Miguel Ángel Quinteiro, father of eight children, to which a Vigo court grants this bonus for his retirement after 55 years of working life, after the Social Security denied it administratively in April of last year.
The cascade of judicial decisions are covered by the ruling of the Court of Justice of the European Union of December 2019 in which it was established that the attribution of the supplement exclusively to women generated a situation of inequality with men, for which it forced the recognition of both genders.
In a ruling of December 14, the head of the Social Court No. 7 of Vigo considers that Quinteiro complies with the requirements of the legislation and grants a 15% supplement on the pension initially granted, applying article 60 of the General Social Security Law in force when he retired on October 23, 2020. The main novelty of this resolution is that the full retroactivity of the right to receive this supplement is recognized from the date of retirement, and not the three months that , by default, it recognizes the legislation.
According to the family’s lawyer, Francisco Rodríguez Cao, these claims “are beginning to be common cases,” but “The most controversial issue is being the retroactive effect”, which each court is implementing in a different way. “There are those who grant only those three months, others take it to the date of the judgment of the CJEU, but I would recommend that it be claimed from the entry into force of the maternity supplement”, on January 1, 2016. In any case, this window of opportunity to claim this maternity bonus is not infinite: “Only those men who retire between January 2016 and February 2021 can claim”, when the Government approved a Royal Decree to reform the controversial supplement. “This will end in the Supreme Court to consolidate jurisprudence,” predicts the lawyer.
The new legislation avoids the inequality detected by the CJEU in the previous wording, and modifies the so-called “complement to women by demographic contribution” to call it now “Supplement of contributory pensions to reduce the gender gap”. “This is more justified so that it is not granted to men,” says Rodríguez Cao, “although cases assessed for men are recognized, under a series of requirements.” That is the difference between the 2016 regulations and the current one.
The Quinteiro family does not hide their satisfaction with the court decision. «Our father has taken it very welln, although he already has the beginning of Alzheimer’s, ”says his daughter Yolanda, and does not always remember that justice has proved him right. “He is a person who all his life has been fighting for the rights of all”, which He partially retired at 65 and totally at 80, after 55 years of working life linked to union activity and, in recent times, to improve pensions. “He deserved to be compensated”, while regretting the obstacles to Social Security to pay this supplement. «By administrative means, which is mandatory in advance, it is not being recognized, and forces pensioners to go to court», Adds the lawyer.
However, the Social Security has appealed the sentence to the Superior Court of Justice of Galicia, according to Rodríguez Cao, although while it is resolved, the maternity supplement will have to be paid, a requirement set by the Vigo court to go to the second instance.