Order No. 15848 of 2024: Jurisdiction of the Court of Auditors and Request for Pension Certification

The recent order no. 15848 of June 6, 2024, issued by the Court of Cassation, provides important clarifications on the jurisdiction of the Court of Auditors regarding requests for pension certification from public employees. This provision fits into a precise legal context, highlighting how the current legislation assigns exclusive competence to the Court of Auditors on such matters.

The Regulatory Context

The dispute examined concerns a request for certification submitted by a public employee, in which the issuance of the contribution account statement was requested, as provided for by Article 54 of Law No. 88 of 1989. The Court reiterated that jurisdiction over pensions for public employees is exclusively within the competence of the Court of Auditors, by virtue of Articles 13 and 62 of Royal Decree No. 1214 of 1934.

Pensions of public employees - Request for certification from the pension authority regarding the pension and contribution situation (Article 54 Law No. 88 of 1989) - Denial - Jurisdiction of the Court of Auditors - Basis. The dispute concerning the request for the pension authority to issue the contribution account statement, requested under Article 54 of Law No. 88 of 1989, falls within the exclusive jurisdiction of the Court of Auditors regarding public employee pensions, pursuant to Articles 13 and 62 of Royal Decree No. 1214 of 1934, as it is connected to the acquisition and measurement of the pension, since it is functional to verifying the proper management of the insurance and pension relationship.

Implications of the Ruling

This ruling has significant implications for public employees who need to obtain clarifications about their pension situation. In particular, it states that:

  • The denial from the pension authority can only be contested before the Court of Auditors.
  • Certification requests cannot be handled by other judicial bodies.
  • The correct issuance of the contribution account statement is essential to guarantee the pension rights of workers.

Moreover, the Court referenced previous case law, such as the Joint Sections (No. 26252 of 2018 and No. 28020 of 2022), to reinforce its position, highlighting the importance of proper management of pension practices.

Conclusions

In conclusion, order no. 15848 of 2024 represents a fundamental point of reference for all public employees, clarifying the jurisdictional scope of the Court of Auditors regarding pensions. The ruling emphasizes the importance of addressing the competent authorities for the resolution of pension disputes, thereby ensuring adequate access to pension rights. It is essential that workers are informed on how and where to submit their requests to avoid delays and issues in managing their pension practices.

Bianucci Law Firm