Invalids come out with two court decisions “bombshells” – tens of thousands of recalculations of ETAA pensions, as they were done with smaller pensionable earnings than the pensioners had.

The two decisions open the issue of a new recalculation for approximately 50,000 ETA pensioners, and the issue is already preoccupying the Ministry of Labor as it will have to comply with the court decisions, improving those pensions that were recalculated in a less favorable way and keeping the pensions of those that will not change at the same levels

The two decisions

According to him Free pressthe first decision comes from the Council of State (Council of State), which cancels the recalculation of notary public pensions by the Legal Fund.

The Co annuls the ministerial decision of 2021 in the part that defines the pensionable salary for the recalculation of the pensions of notaries the amount of 1,232.09 euros.

However, all his pensions were recalculated with these earnings Legal Fund, either the pensioners had higher earnings than 1,232 euros or less. Those with smaller ones got increases, but those who paid higher contributions – such as notaries – the recalculation resulted in a smaller pension and a personal difference that cut them both the 2023 and 2024 increases.

The second decision is from Administrative Court of First Instance of Athens ((A7960/2024 – 4th Three-Member) canceling the pension recalculation for retired self-employed TSMEDE engineeras here lower pensionable earnings were taken into account for the calculation of the pension from the Special Surcharge sector.

Specifically, Law 4387/2016 (“Katrougalou” law) states that the pension from the Special Supplement branch is calculated based on the pensionable earnings from the additional contributions paid by the insured. However, after the law, the circular F.80000/ok.9187/183/2018 was issued by the then Deputy Minister T. Petropoulos, which defined a different calculation of the pension from the Special Surcharge which was favorable for salaried engineers and unfavorable for the self-employed professionals.

The circular changed the law and defined as the basis for calculating the pension from the Special Surcharge the pensionable salary taken into account for the calculation of the main compensatory pension, instead of the earnings corresponding to the additional contributions paid by the insured to the Special Surcharge.