Retirement award in municipal agreement: Alteration of the remuneration system

The TS establishes that the retirement award provided for in a municipal agreement on working conditions, remuneration and social benefits of its staff, involves an alteration of the remuneration regime of officials of Local Administrations that lacks legal coverage and justification and violates of local public officials.

The Chamber declares the retributive nature of the prize questioned there because it did not respond to an unforeseen contingency or misfortune, but simply accrues due to the termination of the duty service relationship when the age of forced retirement or that necessary to obtain early retirement is reached .

Therefore, they do not aim to compensate for the unforeseen circumstances of the nature of those that inspire welfare measures-that is, determinants of a situation of inequality-but that they associate a natural, known and inevitable assumption of the civil servant relationship, which is otherwise unspecified. of the City Council but common to all the public function, a gratification “.

The above is applicable to the present case because Article 12.B is limited to recognize “the right to receive a retirement reward of 5 monthly installments, provided that they have more than ten years of services rendered to this City Council or Public Administration” .

Indeed, although said precept is located in Chapter IV whose heading is “social action”, the truth is that the agreed thing is deducted, according to what has been said by this Chamber in the aforementioned ruling, which does not compensate for a circumstance of those that are attended attending welfare measures in the above-mentioned sense, but the prize or reward is linked to a “natural, known and inevitable fact of the civil servant relationship, otherwise not specific to the City Council but common to the entire function public, a gratification. ”

STS Room 3 of March 14, 2019. EDJ 2019/523732