Firefighters dependent on the Government of Navarre can access early retirement at age 55. This has been ruled by the Superior Court of Justice of Navarra (TSJN), which has estimated an appeal filed by a group of firefighters to consider, among other reasons, that, according to state legislation, the development of the activity can not be done from certain ages.
In the judgment, which can only be appealed in cassation before the judicial body itself, the Contentious-Administrative Chamber of the TSJN explains that the appellants are civil servants at the service of the Autonomous Community of Navarre with a job as firefighters and assigned to the Service of the Navarre Fire Department of the General Directorate of the Interior. In addition, they belong to the system of passive rights of the official staff of the Montepíos of the Public Administrations of Navarre.
When they turned 55, firefighters filed petitions with the Government of Navarre requesting early retirement, in addition to the application of reducing coefficients on which to calculate the retirement age. The appellants did not receive a response from the Administration. It was then when they went to the TSJN, where they based their claims on the additional provisions of the Foral Law 10/2003, of March 5, on the transitory regime of the passive rights of the civil servant staff of the Public Administrations, which are of application to the appellants and that establish the regulatory regime.
According to the Chamber, the 12th additional provision of the provincial law 10/2003 establishes the possibility of applying to officials who have worked in activities of a particularly dangerous or painful nature the reduction in the retirement age contained in the special security regimes. Social.
Due to the pending statutory development of dangerous or painful professions, the Contentious Chamber understands that then the state legislation is applicable, which establishes that in relation to the firefighters collective, of the studies carried out, It is evident that there are dangerousness and hardship indices in the development of their activity and that the psychophysical requirements that are required for their entry into the group and the development of the activity can not be made from certain ages. Therefore, according to the TSJN, the requirements demanded in the legislation to reduce the age of access to retirement, as a result of the performance of work of an exceptionally painful, toxic, dangerous or unhealthy nature, are complied with. that, in the opinion of the judges, the reason for the appeal must be estimated.
However, "the state regulation establishes voluntary early retirement at 60 years," according to this newspaper sources of the Professional Association of Firefighters Technicians (APTB), or "at 59 with 35 years of service in this sector" , as stated in RD 383/2008. "Another thing is that they approve second activity regulations that allow you to move to the non-operational situation at age 55, but you keep working, although in an adapted position," they add.