When a pension beneficiary accumulates debts, pensions can be garnished; however, there are legal restrictions to ensure that the person retains part of their income. Social Security applies specific rules to limit the garnishable amount, aiming to ensure that the pensioner is not left without resources.
The General Collection Regulation of Social Security establishes that pensions are exempt from garnishment up to the equivalent of the minimum interprofessional salary (SMI). However, amounts that exceed this limit can be withheld progressively. For example, 30% for the amount that exceeds the SMI up to twice this amount, 50% if it is between double and triple the SMI, 60% between triple and quadruple, 75% up to five times the SMI, and 90% for amounts that exceed this figure.
In cases of garnishment due to non-payment of alimony, the garnishable amount will be determined by a judge, without applying the previously mentioned scale. Although the law allows retention of part of the pension, it ensures a minimum income to avoid situations of economic vulnerability.
Pensioners facing garnishments can resort to the Second Chance Law, a legal mechanism that allows cancellation of debts when it is proven that it is impossible to meet them. It is crucial to understand the limits and exceptions in garnishments for affected pensioners, as these situations can have a significant impact on their financial well-being.
