February 6, 2023

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EFKA: Debt Cancellation Opens Retirement – Up to 10 years of debt is written off

Thousands of unemployed, self-employed, self-employed and insured people who owe EFKA, with old debts They are issued and can retire with the new regulation allowing Debt write-off As long as it is not verified in the ten year period. The KEAO Office issued the circular to The statute of limitations for debt is 10 years Now the process is on track cancel old debts – whose deletion is retroactive from 2016 – However, as long as it is not confirmed or there is no inconvenience in any way to the insured within 10 years from the time the debt was created.

According to social security experts, with the new regulation, in principle, employers can write off old debts of up to 250 million euros. Many times the number of beneficiaries (but not necessarily the size of the amount to be written off) are the independents of PR. OAEE as well As a rule, their debts are confirmed by submitting an application for a pension. After all, the self-employed were the insured people who had a 20-year statute of limitations, while employers up to 2017 and in the pre-EFKA era had a 10-year statute of limitations.

As explained by social security experts, unemployed men who are 67 years old (before OAEE and ETAA) may be indebted to KEAO – EFKA for several years (cumulative more than 20,000 euros) and while they have at least 15 years of insurance they cannot retire because of debt. beneficiaries of the new arrangement They can write off up to 10 years of debt at most. The write-off mainly relates to old debts prior to 2006 and 2007.

It is characteristically mentioned that In 2017 (with the creation of EFKA) many debts were confirmed and many of them were linked to more than 10 years of confirmations (at that time a 20-year statute of limitations applied).

What debts have been written off?

The statute of limitations is now 10 years, so eE.FKA’s claim for debt collection of unpaid contributions has a statute of limitations as follows:

  • Monthly debts up to 12/2005 lapsed by statute of limitations on 1/1/2016, if they had not already lapsed by then based on the statute of limitations that were in effect prior to the entry into force of the Catrugalo Law
  • debts for the months from 01/2006 to 12/2006 effective on 01/01/2017,
  • debts for the months from 01/2007 to 12/2007 effective on 01/01/2018,
  • Debt for months from 01/2008 to 12/2008 effective on 01/01/2019,
  • Debt for months from 01/2009 to 12/2009 valid as of 01/01/2020,
  • Debt for months 01/2010 to 12/2010 valid as of 01/01/2021,
  • Debt for months from 01/2011 to 12/2011 effective on 01/01/2022,
  • debts for months from 01/2012 to 12/2012 ending on 01/01/2023,
  • debts for months from 01/2013 to 12/2013 ending on 01/01/2024,
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for example:

  • Introducing the self-employed Request to retire in 2022 He owes contributions for the years 2002-2011, which EFKA had not credited to him until the time of application. These contributions relate to a period of more than ten years and, accordingly, have a statute of limitations. Even if the self-employed worker still needs 5 years of official service to prove his entitlement to a pension. Then he has the possibility of paying for 5 of the 10 years specified, in order to be recognized as insurance time.
  • On the other hand, if EFKA notifies the insured of proof of payment of said contributions within ten years of their creation (an event that interrupts the limitation period), the insured owes all contributions.

stop the rapa

An important parameter of the new regulation is that it applies retroactively, i.e. from 2016, when the Catrugalo Law was passed, which the Supreme Court ruled unconstitutional (part of the 20-year statute of limitations for all).

This means that EFKA Debit cards sent to policyholders will be canceled if they fall within the 10-year statute of limitations. Therefore, the 10-year statute of limitations applies retroactively from 12/5/2016 Any accounting workWhich was issued from 12/5/2016 onwards For subscriptions for insurance periods after the previous contracthe is called:

  • Before 01/01/2006 for accounting documents issued on 12/5/2016 and later,
  • before 01/01/2007 for accounting documents issued from 01/01/2017 onwards,
  • before 01/01/2008 for accounting laws issued from 01/01/2018 onwards, etc.,

All of these verbs are null because EFKA’s collection requirements were already down at the time of its release the act of entitlement.

Be careful, however, that sums collected in favor of debts are now not pursued by the statute of limitations, i.e. the insured loses them and cannot claim them.

for example:

  • On 5/20/2016, a tax assessment was imposed on the insured for not paying contributions for the period of months from 12/2005 to 1/2006, and on 12/20/2016 the insured was notified of the tax and on 01/10/2017 he paid the debt.
  1. eE.FKA Requirements When does it expire/expire?
  2. Was the PBO notice a break event and for what periods?
  3. Is the payment traceable?
  • eE.FKA requirements for the collection of unpaid contributions for the month of 12/2005 become, with the new regulation, effective on the day of reckoning (20/5/2016) and specifically from the date 1/1/2016, because, retroactively, the limitation period has begun of ten years on 01/01/2006 and ended on 12/31/2015. eE.FKA’s requirements for the collection of unpaid contributions for 1/2006 did not lapse by statute of limitations on the day of reckoning and do not lapse by statute of limitations under the new Article 95, because the ten-year statute of limitations began on 01/01/2007 and ended after inclusion, specifically on 12/31. 2016.
  • The 12/20/2016 notification from the PBO as described below interrupts the statute of limitations, but in this case it did not amount to an interruption event for the 12/2005 claim since it had already been lapsed as of 1/1/2016. However, it was a tie-breaking event for the 1/2016 claim, which resulted in the statute of limitations being extended for another contract which began with the PBO notification, resulting in the 1/2016 claim would lapse by statute of limitations on 12/20/2026 if the debtor had not paid it by the date 10/01/2017.
  • If the insured’s PBO was not notified by 12/31/2016 (and no further interruption or event suspension occurred) then on 1/1/2017 the eE.FKA requirement would also have lapsed to 1/2006, although It was due within the ten-year statute of limitations.
  • It is not possible to claim the amount paid by the insured to pay off the debt in the part referred to in the claim whose period has expired for the month of 12/2005 even if he had paid an overdue debt.
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When does the statute of limitations expire?

The debt is not extinguished because it is necessarily more than 10 years old. The basic and necessary condition is that there has been no disturbance by EFKA that interrupts the statute of limitations of 10 years. What actions interrupt the 10-year statute of limitations:

  • Seizure of movable/immovable property and claims in the hands of third parties.
  • eE.FKA Expedited Auction
  • Declaration of bankruptcy
  • List of third party auctions
  • Notice of liquidation
  • mortgage document
  • Enforcement procedures in accordance with the Remote Judicial Classification Schedule / KEDE
  • Notice of individual notice (handwritten or by registered mail, or by delivery by a bailiff or by delivery to the debtor himself within the service but also electronically by posting the individual notice to the account maintained by the debtor in the DEP electronic service . .the.).
  • Notification of Certification Act

caution: The limitation period is interrupted by The joint notification for accounting business but only if the notification was made from 12/5/2016 onwards Because there was no previous provision in the law that defined simple notification of the accounting business as an interruption event.

Prior to May 2016, to interrupt the 10-year statute of limitations, a bill of exchange payable by check was required – mere notification is not enough. And this is important, because over the years the practice of notifying accounting works without checking payment was established, which in no way constituted an interruption even in the publication of notified judgments.

  • Pay the settlement premium/amount against

Insurance awareness

According to the new regulation, it explicitly states: “A claim which accordingly falls within the statute of limitations shall not be taken into consideration when issuing proof of insurance awareness or debt certificate that replaces insurance awareness.”

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Based on the above condition, the competent service of e-EFKA or KEAO that examines an application for the granting of insurance information checks for the presence Of the debts that did not fall under the statute of limitations and those that fell under the statute of limitations are ignored. The above clause expressly states that debts that are “statute of limitations” are not taken into account, therefore No stage of judicial or administrative violation of the statute of limitations is required by the insured, as there is no provision for such a thing. On the contrary, a possibility is provided for the possibility that the administrator may request the payment of time-lapsed contributions (with surcharges, fines, contributions collected, etc.), in order to account for them in the corresponding insurance period.



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