The maternity supplement in contributory social security pensions must be recognized, retroactively, for men who are in the same situation as women. This has been recognized by the plenary session of the fourth chamber of the Supreme Court, emphasizing that said benefit must be applied from the entry into force of the regulations, that is, from 2015 and not from the publication of the European resolution that interprets it, as Social Security was doing up to now.
Regulatory
It must be remembered that, in its original wording, article 60 of the General Social Security Law of 2015 recognized a maternity supplement for women who met certain requirements.
The judgment of the European Court of Justice (CJEU) of December 12, 2019 (C-450/18), declared that Union Law is opposed to a rule that recognizes the right to a complement for women under the conditions provided in said precept, while denying it to men who find themselves in an identical situation.
Once the European resolution was issued, the Spanish Social Security heard that the right to the complement of men who met these requirements should be recognized only with effect from the publication of the sentence.
Retroactivity
However, the High Court has established that men who meet the established requirements have the right to have the demographic contribution pension supplement recognized retroactively.
The magistrates explain that the interpretation made by the European Court of a rule of Union Law is limited to clarifying and specifying the meaning and scope of said rule, as it should have been applied since its entry into force, without the judgment of December 12, 2019 has established any time limitation in its pronouncement.
