The councilor of a small town in the Pyrenees who has defeated the State in court
Social Security should withdraw the €4,000 fine it imposed, but it has appealed the ruling.
BarcelonaMiquel has won Goliath. A councilor from a small town in the Pyrenees has defeated the State. He defeated it in court, where he took the National Social Security Institute (INSS) to the court to withdraw his pension for receiving part-time compensation as a councilor. And he succeeded by defending himself after graduating his law degree at the age of 66. The State withdrew his temporary permanent disability benefit of 943 euros, considering it "incompatible with holding a paid representative public office," in accordance with the law on incompatibilities for personnel in the service of public administrations.
The ruling, to which ARA has had access, is a comprehensive amendment to the resolution adopted by the INSS (National Social Security Institute), which caused Miquel Dalmau, a Republican councilor from Cava, to give up the 290 euros per month he earned as a councilor in order to collect his pension. The ruling concludes that "a partial retirement pension is compatible with a part-time job" and, therefore, does not violate the law on incompatibilities for public administration personnel. When the ruling is final, Dalmau will once again request the partial pension. However, the INSS has taken action and filed an appeal with the TSJC (High Court of Justice), as confirmed by the elected official.
The ruling's arguments
Lleida's Social Court No. 1 establishes that Dalmau is entitled to the full pension as established by law if, as in his case, due to "age, lack of general or specialized training, and social and employment circumstances," the affected person has "difficulty obtaining work in a different activity than his previous one." Dalmau, who suffers from respiratory and heart problems, emphasizes that the judge supports his ability to collect the 20% pension supplement.
The ruling emphasizes that total permanent disability (TPD) serves the purpose of replacing what is earned for working and the loss of income generated by the inability to do so and, therefore, "is not transferable to the incompatibility that refers to the retirement pension." This was one of the arguments Dalmau used to defend compatibility: that the PTD is not remuneration, but rather compensation for the loss of the ability to work. The judge therefore confirms that she can collect 75% of the regulatory base.
With the ruling, the State should cancel the 4,000 euros claimed from her for having been paid from both positions and must pay her for the months it didn't pay her. During this period, her only source of income was the 290 euros the City Council gave her until last November, when she decided to resign from her part-time job at the council in order to be able to collect her pension again. Since then, the local government has He only pays him 40 euros in mileage allowances, solely for attending plenary sessions. Thus, he makes it clear that the weekly meeting they hold with the government, technicians, or the municipal architect, who is in La Seu d'Urgell, 42 km away, is not covered. For Dalmau, even the 290 euros he was previously earning was not enough to cover all expenses. "Cava is a scattered town with three centers separated by many kilometers and with a significant gradient," he clarifies.
The house up for auction
When he failed to pay the €4,000 fine claimed by Social Security, the State seized his property and put his parents' house (where he lives) up for auction. This situation still persists as of June 4, despite the courts imposing precautionary measures to halt the proceedings pending a final ruling.
Dalmau had considered suing the INSS (National Social Security Institute) for malfeasance, but he's letting it go: "If I were younger, I would do it, but I'm about to turn 70, and fighting against such powerful institutions is a daunting task." However, he's proud of having provisionally defeated the State.
