A pensioner, father of two children, will receive the maternity supplement


Madrid

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UGT Aragón has won the first sentence in the autonomous community that recognizes the right to receive the maternity retirement pension supplement to a man, father of two children, as well as the arrears and interest generated since the recognition of the contributory pension.

The Teruel Social Court, according to EP, has estimated the pensioner’s demand declaring that the resolutions adopted by the National Social Security Institute and the General Treasury of Social Security in response to their request and subsequent claim are not in accordance with the law, explained UGT Aragón in a press release.

The sentence, issued on November 23, 2020 by said court, recognizes this right to a pensioner who has retired since January 2020, father of two children and who requested the payment of the maternity supplement before the Provincial Directorate of the National Social Security Institute ( INSS) of Teruel.

This body rejected the request for this supplement, as well as the claim presented later, claiming that according to article 60 the General Law of Social Security (LGSS) only contemplates «for women who, having two or more biological or adopted children, cause the right to a contributory retirement pension ».

In July 2020, this pensioner, represented by the Legal Counsel of UGT Aragón, filed a lawsuit before the Single Social Court of Teruel against the INSS and the General Treasury of Social Security.

Discrimination

The lawyer of UGT Aragón Verónica Gámez defended the right to receive this supplement in the amount of 2.5% -because it is a maximum pension- based on the mandatory nature of the application of a judgment of the Superior Court of Justice of the European Union of December 12, 2019 that determined the existence of “direct discrimination” in article 60 of the LGSS.

According to this judgment, discrimination responds by determining “only women” to enjoy this supplement, not being in accordance with Directive 79/7 / EEC of December 19, 1978, on the progressive application of the principle of equal treatment between men and women in matters of Social Security.

The Superior Court of Justice of the European Union understands that Article 60 must be considered partially null as regards the reference and distinction to sex and therefore be extended to men.

UGT Aragón has explained that, with this ruling, “the possibility is opened to other pensioners in the autonomous community, taking into account the criteria established by the General Social Security Law – being a beneficiary of a contributory retirement pension and having two or more biological or adopted children – can claim this supplement through the courts.

In this way, this autonomous community joins others, such as Madrid, Murcia, Catalonia or the Canary Islands, where sentences in this same sense have already been issued.

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