Tuesday, July 27

The Supreme Court recognizes the right to extraordinary pension of officials for accidents ‘in itinere’


Facade of the Supreme Court building

Facade of the Supreme Court building
David castro

The Contentious-Administrative Chamber of the Supreme court has established that accidents ‘in itinere’ (on the way to and from work) of public officials are a consequence of the service they provide in order to perceive the extraordinary retirement pension or disability retirement permanent for service. It has established it in two sentences in which it recognizes the collection of a pension of these characteristics, whose calculation base is 200%, from a prison official and a civil guard who suffered accidents on the way between the home and the place of job.

The court estimates the appeals of both officials against the judgments of the National High Court that denied the collection of an extraordinary pension considering that the accidents were not in service, because they did not happen in the place and time of work. That of the prison official occurred when he was going to the Daroca Penitentiary Center (Zaragoza) to take over the assigned service on October 14, 2010. The Civil Guard suffered a traffic accident on June 11, 2014 when he was going to his destination in the Command of the Civil Guard of Tarragona. The Ministry of Defense declared his permanent disability, due to insufficient psychophysical conditions, unrelated to act of service. A Contentious-Administrative court and the National High Court confirmed this decision.

The Supreme Court, on the other hand, considers that “the permanent incapacity for the service derived from a traffic accident suffered by a public official when traveling to or from the workplace can be considered as incapacity produced as a consequence of the service for the purposes of obtaining an extraordinary pension regulated in article 47.2 of the Consolidated Text of the Law of Passive Classes of the State ”.

The judgments are based on the fact that both the General Regulation of Administrative Mutualism and the one managed by MUFACE refer to the General Regime of Social Security to determine which cases will be considered a service accident or as a consequence of it. And the Social Security legislation expressly includes among work accidents, those suffered by the worker on the journey from the place of residence to the place of work in either of the two senses.

What is ‘in itinere’?

For this reason, he emphasizes that “The accident ‘in itinere’ is a work accident”; conclusion that, according to the Chamber, does not alter article 47.2 of the consolidated text of the State Passive Classes Law. This article says that “the act of service shall be presumed, unless proven otherwise, when the permanent disability or death of the official has occurred in the place and time of work.”

It also recalls, in addition, the jurisprudence of the Social Chamber that in order to qualify an accident ‘in itinere’ requires that a series of circumstances concur simultaneously: that the main and direct purpose of the trip is determined by work; That it occurs in the usual and normal journey that must be traveled from the home to the place of work or vice versa; that it occurs within the reasonable time that is normally invested in the journey or that the route is not altered by deviations or temporary alterations that are not normal, and that the journey is made with normal means of transport.


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