The Supreme recognizes that parents also have the right to receive a maternity supplement with retirement

The Supreme Court has recognized the right of retired parents to collect a parenting of maternity in equal terms than mothers. In a judgment, to which the wor

The Supreme recognizes that parents also have the right to receive a maternity supplement with retirement

The Supreme Court has recognized the right of retired parents to collect a parenting of maternity in equal terms than mothers. In a judgment, to which the world has had access, the Contentious-Administrative Chamber has estimated the appeal brought by the Prosecutor's Office against the Judgment of the Higher Court of Madrid (TSJM) that confirmed the denial to a man of collection Of the maternity supplement of the retirement pension alleging that no fundamental right had been violated.

The Fiscal Ministry resorted by the instance judgment by considering that the resolution issued in January 2020 by the General Directorate of Personnel Costs and Public Pensions of the Ministry of Finance had violated its right to the equality of this citizen by preventing it from accessing the aforementioned Complement in your progenitor status.

Legal sources consulted explain that the aforementioned sentence becomes jurisprudence since the different the contentious-administrative rooms of the TSJ were giving contradictory responses to similar resources presented against the Negative Negative to pay this complement to the retired progenitors.

In the resolution, the High Court explains that the legal framework for application in this case is the interpretation of the Additional Additional Provision of the State Law of the State, approved by Royal Legislative Decree 670/1987 which, subsequently, the Government reformed through Royal Decree Law 3/2021 adopting measures for reducing the gender gap.

The expressed additional decimotava provision established that the so-called maternity complement will be recognized to women who have had natural or adopted children and that are beneficiaries of retirement pensions as of January 1, 2016 in the state's passive classes regime. It was a pension supplement that occurred "for its demographic contribution to social security" to women who had been mothers. Nothing was said about progenitors.

While this law was in force, the question was raised before the Court of Justice of the European Union (TJUE) to determine if it was injured at the right to equality that said complement was recognized solely for women and not for men.

Indeed, the Tjue said it was discriminatory to recognize a right to a pension supplement for demographic contribution for women who had at least two children, while the men who were in an identical situation were not entitled to such a complement .

Now, the Supreme, in a ruling sentence of Magistrate Pilar Teso, estimates the appeal of the prosecution and establishes that "this complement can not be denied only for having been requested by a man."

The decision is relevant because, despite the change of legal regulations last year, the fault of the High Court will affect hundreds of parents who had resorted before the courts the Directory of the Ministry of Finance of Private them of the aforementioned Motherhood Supplement in its pension Retirement

Date Of Update: 11 December 2021, 20:21

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