The Governing Council agreed to move forward this Tuesday without altering pension premiums granted to staff, in line with the rulings of the Diputación authorities and the Supreme Court. The court has repeatedly clarified that pension contributions received from local governments have no legal basis or justification. Therefore the authority decided these payments were illegal and must be halted, and they intend to comply with the court order. The official stressed that there was no alternative but to adhere to the penalty, as to do otherwise would amount to a false statement.
The situation, as explained by the official, is that until now staff of the Gipuzkoa Provincial Assembly who met the social welfare conditions for voluntary early retirement were entitled to a bonus. This premium equaled the number of monthly payments determined by the remaining quarters until reaching statutory retirement age, up to a maximum of EUR 40,000. The intent behind this system was to acknowledge long service while aligning with social welfare objectives.
However, the Contested Administrative Chamber of the Court of Cassation issued a decision on 20 March, numbered 459/2018, that clarified non-payment criteria for these pension premiums. The ruling emphasized that these payments are not social-support measures but remuneration for civil servants of local organizations beyond those provided by basic state law. Consequently, the court found that altering the wage regime of local civil servants lacked legal justification. This interpretation was reinforced by subsequent Cassation decisions on 14 March 2019 (no. 347/2019), 29 September 2021 (no. 1183/2021), 16 March 2022 (no. 344/2022), and 5 April 2022 (no. 421/2022).
“We understand the disruption this has caused for home workers, but honesty requires us to be clear. There is nothing else we can do. We empathize with their discomfort, yet we must proceed,” the official stated.
concentration
Minutes before the Governing Council convened, about 300 Diputación officials and public personnel from the Donostia City Council gathered at the gates of the Foral Palace to express their concerns. Unlike last week, when authorities briefly occupied the main floor of the Treasury building in San Sebastian’s Errotaburu district, this demonstration remained peaceful on this occasion.
The committee noted that the decision appeared to have been made in an expedited manner and expressed regret that the council did not provide a legal report to substantiate it. Given that the issue impacts all administrations, negotiators urged engagement in sectoral forums to explore options for change. A common response was proposed, with avenues for adjustments identified by committee sources.
As a result, officials decided to sustain weekly mobilizations, particularly on Tuesdays when the Provincial Government Assembly meets. They urged the Provincial Assembly to comply with the demands and reconsider the withdrawal of early retirement contributions under article 22 of the Basque Civil Service Law in force.