Case Q-6674/15
Entity addressed: Civil Servants Social Security System (Caixa Geral de AposentaçõesCGA)
Date: 2015.04.14
Subject: Administrative annulment of retirement pension. Effectiveness for the future of administrative annulment of acts constituting rights to obtain regular benefits,
after the expiration of a period of one year. Application of the new Administrative
Procedural Code, approved by Decree-Law No. 4/2015, of 7 January
Status: The Ombudsman’s suggestion was accepted, the case was solved and established a future understanding
The Ombudsman received a complaint from a citizen challenging the CGA’s request
for the return of an amount as unduly paid, after the administrative annulment of the act
that recognized him the right to early retirement.
After an analysis of the situation, it was shown that the right to early retirement was
recognized to the complainant on June 20, 2014, and it was subsequently subject to an
administrative annulment, by order of October 7, 2015, that was based on the fact that
there was a mistake in the counting of service time by the CGA.
Invoking the application of article 171, No. 3 of Decree-Law No. 4/2015, CGA has
demanded the return of the claimant’s amounts unduly received as pension (from the
beginning of the CGA’s payment of the pension until October 31, 2015). On the other
hand, CGA notified the employer to reinstate the claimant in active life, with the reconstitution of “the whole situation” as if the previous act had not been delivered.
Considering that the CGA is making an incorrect application of the law, the Ombudsman requested a review of the situation in accordance with the law applicable to the specific case.
In fact, according to the provisions of article 168, No. 4, paragraph b), of Decree-Law
No. 4/2015, the annulment of administrative acts which are constitutive of rights, even if
after a period of one year, is possible for a maximum period of five years, but it only may
produce effects for the future, where the acts concern the obtaining of regular benefits.
This means that, once the administrative annulment of the act has been ordered,
the payment of the early retirement pension ceases, and no other effects can be attributed
to this act and therefore, in this case, the claimant had been improperly demanded for the
return of the amounts received.
The suggestion was accepted and the debt issued was cancelled.
•
128 |
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents