Uniforms: What applies to the calculation of the life insurance period

According to e-EFKA, the provisions of No. 23 of Law 4997/2022 occupy only the active officials of the Armed Forces, the Greek Police, the Fire Corps, as well as the Greek Coast Guard Port Corps, and therefore do not concern retired personnel. It is also noted that the above provisions do not take over those who fall within the provisions of Articles 15(1) and 15(2) of the Treaty. 9 & 12 and 41 of P.D. 169/2007 and Article 8 c. 2 and 3 of Law 2084/1992, as applicable. In addition, it is stated that civil servants appointed or enlisted military personnel up to 30.09.1990 who are not required to pay insurance contributions for the recognition of their services at double mean those who, before enlisting as military officers, had until 30.09.1990 acquired the status of a regular civil servant (e.g. a civil servant appointed in 1989 to a ministry and insured in the public sector, resigned and joined the armed forces in 1991). It is considered, in respect of the payment of insurance contributions, to be appointed until 30.09.1990 and therefore to recognise double services, it does not pay contributions). Since by amending the provision of No. 40 para. 5 of the M.A. 169/2007 both the services that can be calculated as double, and the persons who can recognise them, by altering the concept of ‘fightful five years’ and thus enabling it to be calculated at twice any time, wherever it serves or serves the executive, it is concluded that the submission of a declaration of non-payment of double contributions, as defined in the legislation (No. 59 para. 3 of the DPA. 169/2007 and No. 8 para. 6 of Law 2084/1992), as well as in the circular directives of the Ministry of Labour and Social Security and the EEFKA (F10042/o. 13567/329/8.06.2017 and 10/2020), no longer finds scope and therefore an obligation of the staff wishing to double their services, is only the submission to his Service of the relevant application for recognition. It is noted that on the basis of the provisions notified, it is calculated at twice every year for which contributions have been paid for the main pension, with the restrictions laid down in Section 6 of paragraph 1 of Law No 2397/2022. Since the entry into force of this law, for those who wish to double their services as long as they are in action or at retirement time, the procedure has been as follows: An application shall be made by the person concerned to his Office, stating the time period, which he wishes to calculate at twice, and then the competent financial management shall calculate the amount of the recognition contribution, withheld from the payroll of the staff in as many instalments as the recognised months, in the standard practice followed by the e-EFKA for the recognition of insurance periods (Nos 15 and 34 of Law 438/2016, as applicable). The competent financial service shall then issue a certificate detailing the period calculated at double, as well as the amounts withheld per month, and the relevant attestation shall be placed in the pension file of the insured person, in order for the persons responsible for issuing the pension decision – e-EFKA services to calculate the repayable pension, based on the applicable legislation and the specific circular instructions already given to the armed forces and security bodies. The possibility of a one-off payment of the amount of the recognition levy shall apply to all personnel of the armed forces and security bodies occupied by those provisions. Since the recognised time is considered to be a time of actual insurance and not a plasma time, no deduction of Article 15 of Law 4387/16 may be granted in the case of the one-off payment of double contributions. (b) Recognition at retirement time Those mentioned in the above Circular (Chapter 2, c. 2.4), regarding the recognition process, apply to all persons who were insured in the State until 31.12.2016, and wish to calculate twice their time of service at the time of retirement. In that case, the application for such recognition shall be deemed to be included in the application for a pension and shall have the same number and date of submission as it does. For those persons insured until 31.12.2016 in IKA-ETAM and others Entities who joined the e-EFKA, their application for recognition, which is likewise considered to be included in the pension application, will be examined by the local competent Local Directorate of the e-EFKA. Those referred to in this paragraph shall apply to those who have submitted or will apply after the entry into force of No. 23 of Law 4997/2022. For those who are already in the process of recognition with repayment of payments or where the process is already completed, based on what is defined in the previous circulars of our Ministry and e-EFKA, they are still applied to them. However, in the case of officials who have already recognised twice as many services as the previous scheme, the time of which has not been longer than five years, there is the possibility to apply for recognition for the remaining year (up to five years) under the notified provisions. Finally, it is noted that the service time of five (5) years, which is considered to be increased to double, is a time of actual insurance, both for the insured persons in the State and for those insured in the former IKA-ERM or for the other members of the e-EFKA former main insurance institutions, and is not linked to the rate and salary promotion of the insured person, as the notified provisions are pensionable and not payable. Therefore, those mentioned in the above Circular (Ch. 1 c. 1.B. 2) are withdrawn. It shall be noted specifically for persons insured in the former IKA – EMMA or other members of the e-EFCA former main insurance institutions, other than those insured in the public sector, that the maximum amount of recognised insurance years, by the provisions of No. 40 para. 6 of Law No. 3996/2011, according to which ‘…The total time, which, on the basis of the above, shall be taken into account or recognised both for the establishment of a pension entitlement and for an increase in the amount of the pension, may not exceed seven (7) years, taken into account in them and any other time, actual or fictitious, which has been recognised or recognised under other provisions or decisions of administrative boards of insurance institutions’.