OPECA: Judicial “blockade” in the pensions of uninsured overages for those professionals who owe more than 30,000 euros

A block on the payment of an uninsured elderly pension by OPECA to any insured person (self-employed or farmer) who owes EFKA amounts above the prescribed limits (30,000 euros for professionals and 10,000 euros for farmers) is imposed by a decision of the Council of State, the which was published today (26.04.24).

This means that in order for a professional or farmer to receive an uninsured elderly pension from OPEKA, he should not be entitled to or receive a pension from EFKA, but also not owe EFKA more than the aforementioned limits.

According to the decision of the Supreme Court “in the sense of case b’ of item 5 of sub-paragraph IA.6 of paragraph IA of article one of Law 4093/2012 the condition for receiving the uninsured elderly pension “do not receive or are not entitled” themselves a pension from any Social Security Institution, including, among other things, and when the persons concerned are persons insured in a social security institution who cannot receive a pension from this institution due to the fact that they have debts from insurance contributions to this insurance institution, the which exceed the respective minimum limit of debts set off or withheld from the pension and which they are unable to repay.

The same decision provides “in addition, in order to avoid circumvention, Law 4093/2012 for the granting of the uninsured elderly pension requires (among other things) cumulatively the contribution and income criterion for the person concerned (see point d’ of element 5 of the sub-paragraph IA.6 of paragraph IA of the first article of Law 4093/2012).