With a circular of the Deputy Minister of Labor and Social Affairs, Panos Tsakloglou, essential clarifications are provided on existing legislative regulations of law 4387/2016 regarding four distinct and, at the same time, interrelated issues.
According to a statement from the Ministry of Labor and Social Affairs, the main purpose of the circular, which has no retroactive effect, is to clarify the provisions to provide clarifications to e-EFKA questions and comprehensive instructions for the effective development of information systems and of the institution, in order to ensure the perfect service of the insured and the proper operation of our social security system.
Specifically, according to the announcement, the circular addresses the following issues:
«1. How to handle the national pension, when there is an accumulation of more than one national pension for the same or different reasons.
The circular clarifies that, according to the law, the introduction of the national pension (in addition to the compensatory pension) aims to ensure a minimum amount of pension for each category of pensioners of e-EFKA. In this spirit, the national pension is financed directly from the state budget. Therefore, due to the very philosophy and architecture of the national pension and, always, according to the law, it is not allowed to accumulate more than one national pension in the same person.
At the practical level, when an insured person is entitled to more than one pension for any reason (old age, disability or death), he is granted a single national pension, which may not exceed (individually or as a sum of national pensions for different reasons) the maximum of one full national pension (EUR 384). This rule applies and applies, regardless of the origin of the pension right (own right or by transfer) and to any combination of cumulation.
2. The upper and lower pension, due to death
The total amount of transferable pensions paid to eligible persons (spouse, children), due to the death of the pensioner, may not exceed the pension of the deceased. Accordingly, the total amount of transferable pensions paid to eligible persons may not be less than EUR 360.
Exceptions are orphans from both parents, to whom the threshold is not shared, but each receives at least the threshold.
3. The number of rights to a compensatory pension on the accumulation of pensions of different cause in the person of the deceased.
In the event of the death of a pensioner receiving two compensatory pensions, the right of the beneficiaries to the pension of the deceased is uniform and indivisible, regardless of the number and type of rights transferred by the deceased.
4. For widow’s pensions, after the first three years.
For the first three years after the death of the pensioner, the surviving spouse is paid the entire widow’s pension, which is equal to 70% of the deceased’s pension. The rules of cumulation of the national pension, as analyzed above, are strictly applied.
At the end of the first three years, always in accordance with the provisions of the law, the pension is adjusted and half of it is paid (ie 35% of the deceased’s pension), if the survivor works or is self-employed or receives a pension from any other source. “If the surviving spouse is at least 67% disabled, he / she will still receive the entire widow’s pension, without deduction, for the duration of the disability.”
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