The Supreme Special Court did not issue a ruling on the retroactive payments related to the cut holiday bonuses and reductions in supplementary pensions, stating that it is not competent to decide which ruling should take precedence: that of the Supreme Court, which in 2023 deemed the abolition of bonuses constitutional, or that of the Council of State, which in 2015 ruled that it was unconstitutional.
This means that thousands of pensioners must continue their legal struggle to claim the back payments that had been put on hold, unless the government decides to compensate not only those who have filed lawsuits but all pensioners seeking retroactive payments.
Specifically, the Supreme Special Court ruled that the two decisions are not in direct conflict with each other. This is because the Supreme Court ruled on the reductions in supplementary pensions at the Bank of Greece, which are paid from a private-law entity, while the Council of State ruled on the entire private and public sector.
“Much ado about nothing,” noted lawyer Loukas Apostolidis, who represents a group of pensioners.
“The only result of bringing the case before the Supreme Special Court was additional burdens and delays in the adjudication of cases,” said Apostolidis. Over 1,200 lawsuits were suspended in 2024—either indefinitely or for the coming years. “We’re just keeping ourselves busy with the 11-month retroactive payments, with an endless timeline for all parties involved (the State, judges, and beneficiaries).”
What does the ruling mean for those who have filed lawsuits?
They are entitled to receive the 11-month retroactive payments for supplementary pensions and holiday bonuses, as ruled by the Council of State, in both the public and private sectors—except for the Bank of Greece. Therefore, those who have filed lawsuits should prepare for a few more years of legal battles.
Unless, of course, the government decides to take political action and immediately pay out the 11-month retroactive sums to those who fought for their rights and filed lawsuits. It could also choose to extend payments to everyone over a three-year period. Ultimately, everything depends on the government’s willingness to act.
The Supreme Special Court’s ruling, while not legally binding, does carry ethical and political weight, pressuring the government to “cut the Gordian knot” of retroactive payments by respecting the Council of State’s pilot rulings.
“Tombstone on pensioners’ holiday bonuses,” says Alexis Mitropoulos
“The Supreme Special Court put the final nail in the coffin for pensioners’ holiday bonuses today,” said Alexis Mitropoulos, professor and president of ENYPEKK, in a statement:
“In a Pontius Pilate-like move, today’s ruling by the Supreme Special Court:”
- Refused to take a stand on the permanent reinstatement of holiday bonuses for pensioners.
- Confirmed the unfavorable rulings for pensioners issued by the Council of State (1439/2020, 1342/2023) and the Supreme Court (1509/2023).
- Ruled in favor of the Bank of Greece regarding major cuts to its pensioners’ supplementary pensions.
- Closed the door once and for all on any discussion about reinstating holiday bonuses for pensioners and, possibly in the future, for public sector employees as well.
- Remained committed to the austerity-era laws that slashed pensions—laws it still considers valid!
Pensioners continue to claim:
- IKA pensioners: retroactive payments ranging from €410 to €2,372.
- Public utility company (DEKO) and bank pensioners: retroactive payments ranging from €1,111 to €4,004.
- Public sector pensioners: retroactive payments ranging from €727 to €2,820.
- Pensioners from other supplementary pension funds (lawyers, retail employees, bakers, etc.): retroactive payments ranging from €668 to €2,399.
- NAT (seafarers’ pension fund) pensioners: retroactive payments only for the reduction of supplementary pensions under Law 4093 and the elimination of supplementary pension bonuses, ranging from €503 to €1,985.
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