The effects of the provision of services by the beneficiary of a total permanent invalidity pension. Update of the basis for calculation (Supreme Court Judgement 25 April 2018 "Rcud 2322 / 2016")

Abstract

The purpose of this work is the analysis of the Supreme Court Judgement of 25th April, 2018, which states that it is appropriate to update the basis for calculation with the calculation of contributions corresponding to paid work performed by the beneficiary while the pension of total permanent invalidity was suspended, as it was incompatible. The issues discussed are examined and a problem that has not been addressed by the judgement analysed is also raised. Specifically, if this doctrine can be applied also to the cases in which a lower basis for calculation emerges and, therefore, a lower pension, after the update. It is clear that the updating of the basis for calculation would not only have to be carried out with the calculation of the contribution bases corresponding to the period during which the beneficiary worked as an employee, but also with the corresponding increase of the percentage for the greater time calculated. And, the author concludes that the updating of the basis for calculation of the permanent invalidity pension will not proceed when the result entails a permanent invalidity pension of a lower amount to which the beneficiary was receiving before performing the work as an employee.