A case of initial recognition of an active retirement pension granted to a notary who continued to carry out his professional activity, and the subsequent reaction of the managing entity, in judicial proceedings, to review its declarative act and demand t

Abstract

This document examines a Judgment from the Social Chamber of the Supreme Court dated December 11, 2024, regarding a case of incompatibility between receiving an active retirement pension and practicing as a notary. After the initial recognition of the retirement pension, the National Institute of Social Security (INSS) was compelled to review its declarative act of entitlement upon discovering an inaccuracy in the beneficiary’s declaration. For this purpose, the INSS did not exercise its administrative self-review power but instead filed a lawsuit against the beneficiary. The Supreme Court deemed this action valid (holding that the administrative self-review power does not preclude public administrations from filing lawsuits against beneficiaries to revoke benefits that were wrongly granted) and determined that this action is not subject to the general four-year statute of limitations (although retroactive financial effects are indeed limited to four years), as the act in question is deemed absolutely null due to the identified inaccuracy.