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Resolve executory deductions from your pension

Are you a pensioner under an enforcement order? Enforcement procedures are governed by the Executory Code. In practice, enforcement by means of deductions from wages and other income is used most often. One such income is a pension, from which the Social Insurance Agency is obliged to make deductions.

When will the Social Insurance Agency start to make executory deductions?

The Social Insurance Agency is obliged to start making deductions from the pension upon receipt of an enforcement order or order to initiate enforcement. In this case, the Social Insurance Agency does not decide on the implementation of executory deductions from the pension, but only fulfils the statutory obligation of the pensioner. Therefore, any suggestions and requests should be addressed to the competent bailiff or other authority that ordered the enforcement.

Will the Social Insurance Agency inform me about the commencement of enforcement deductions?

Yes, the Social Insurance Agency will also send you a written notification indicating the date from when you will receive the first pension payment at the reduced amount. 

Is the amount of the deduction consistent over time?

It may not be. The Social Insurance Agency will recalculate the enforcement deductions on 1 January of each calendar year. Pensions are indexed on this date, which may result in an increase in your enforcement deduction. If this happens, the Social Insurance Agency will inform you of this.

The Social Insurance Agency also recalculates enforcement deductions in connection with changes in the minimum subsistence amount, which may mean a reduction in the enforcement deduction from the pension. In the context of new legislation, the recalculation of enforcement deductions has been carried out since 1 January 2022. Given the new minimum subsistence amount, enforcement deductions from pensions are regularly recalculated annually from 1 July.

IMPORTANT INFORMATION:

The Social Insurance Agency cannot change the amount of the pension deduction based on your application, even if you are in an unfavourable life situation. 

How is the amount of the enforcement deductions calculated?

The amount to be deducted from the pension is determined by deducting the ‘basic amount’ from the pension and rounding down the remainder to an amount divisible by three, expressed in euro cents. This amount is then divided into three parts (thirds). The first third is intended to satisfy all claims and the second third is intended to satisfy preferential claims. The last third is added to the basic amount to obtain the amount that cannot be deducted from your pension.

What is the basic amount?

This is an amount set by law that cannot be deducted from your pension.

As of 1 July 2022, this amount is 140% of the minimum subsistence amount, i.e. EUR 328.18 per month. This amount is increased for each additional dependent by 50% of 140% of the minimum subsistence amount, i.e. by EUR 164.09 per month, rounded down to the nearest euro cent.

As of 1 January 2022, this amount was 140% of the subsistence minimum amount, i.e. EUR 305.28 per month. This amount is increased for each additional dependent by 50% of 140% of the minimum subsistence amount, i.e. by EUR 152.64 per month, rounded down to the nearest euro cent.

Which claims are preferential claims?

Preferential claims are:

  • maintenance claims;
  • claims for compensation for damage caused to an injured party by personal injury;
  • claims for compensation for damage caused by intentional criminal offences;
  • claims for taxes, charges and customs duties;
  • insurance claims against persons obliged to pay health and social insurance contributions;
  • claims for contributions to old age pension savings against persons obliged to pay contributions to old age pension savings;
  • claims on income compensation payments in the event of temporary incapacity for work, social insurance benefits, old age pension savings pensions, child allowance;
  • claims for reimbursement of the child maintenance allowance and the allowance for the needs of a child placed in foster care; and
  • claims for the payment of social services provided under special legislation.

I am a pensioner living in a social services facility, what amount will be left to me after deductions are made?

If you pay for the care provided in a social service facility, the amount needed to pay for the stay in that facility and the amount of spending money in the facility are not subject to enforcement.

How long will enforcement deductions from my pension be made?

The Social Insurance Agency will stop making deductions from your pension once the authority that ordered them notifies it that the claim and its accessories have been paid or that the enforcement has been stopped for another reason.

Can the claim also be recovered by the Social Insurance Agency?

Yes, the Social Insurance Agency may make deductions from your pension by its own decision if you have been ordered by a final decision to repay a pension wrongly paid to you or a pension paid to you at an amount higher than that to which you were entitled and you have not complied with this obligation within the set time limit, as well as to pay all your own debts.