Revaluation and pension update: STC 49/2015 scope of 5 march 2015

Abstract

The suspension of updating its contributory pensions in 2012 raised the question of its place in the set of constitutional guarantees. However, the STC 49/2015 of 5 March has endorsed the constitutionality of RDLey 28/2012 which annulled the update of pensions in relation to the Consumer Price Index although the arts. 48 TRLGSS and 27 of the Royal Decree 670/198 guaranteed. According to the TC, when the RDLey 28/2012 was issued pensioners had only mere expectation right to receive the difference between the actual inflation and the inflation forecast. It is a controversial decision at least because, on the contrary, it is postulated that when is approved art. 2.1 RDLey 28/2012 the right to update pensions was consolidated and integrated into the individual assets of the subject beneficiaries.