Recalculation of Pensions: Clarifications from EFKA regarding Retirees’ Applications
Applications of retirees regarding the issuance of administrative decisions for the recalculation of pensions carried out according to the provisions of Law 4387/2016.
In response to the applications submitted by retirees to EFKA services, requesting the issuance of an executive administrative act (director’s decision) regarding the recalculation of their main pension, in accordance with the relevant provisions of Law 4387/2016, as amended and supplemented by the provisions of par. 1 of article 1 of Law 4583/2018 and par. 3 of article 1 of Law 4472/2017, as well as the relevant Ministerial Decision with number oik.26083/887/7.6.2016, as supplemented by the Ministerial Decision with number 52331/1861/30.6.2017, the following are noted with the General Document S60/14/704781/2019:
According to these specific provisions, the recalculation at all stages for each insured person is carried out and recorded in the relevant information system. The description of the process does not include the issuance of an executive administrative act by insurance bodies, if the legislator wanted this procedure to apply, it would have been explicitly stated.
According to the general principle of Administrative Law, which has been firmly established by case law, there is evidence in favor of administrative discretion, i.e., where the relevant provisions do not clearly impose an obligation on the administrative body to issue an administrative act of specific content, in case of doubt, it must be accepted that the authority of the administrative body has a character of discretionary power and not mandatory jurisdiction.
Based on the above, within the framework of the unified operation of EFKA services, it is pointed out that the claim of the retirees does not produce a compelling obligation for the administrative bodies to issue an administrative act of specific content regarding the recalculation of pensions.