A second chance for those who failed to establish pension rights through the recognition of employment time, with retroactive effect from 2017, is provided by EFKA for Greek nationals and ethnic Greeks permanently and continuously residing in Turkey and Egypt who request the recognition of work periods in these countries for social security and pension purposes. Under Article 44 of Law 5313/2026, an additional stage of examination was introduced for individuals unable to recognize their work history through e-EFKA. The main modification is that when the recognition request is rejected, the case does not end at e-EFKA. The rejection decision is forwarded to OPEKA, in order to examine whether the applicant fulfills the criteria for receiving the full amount of the Uninsured Elderly Social Solidarity Allowance.
Who holds the right to recognize employment periods
The current framework provides Greek nationals or ethnic Greeks residing permanently and continuously in Turkey or Egypt with the option to recognize actual employment time served in these countries by paying the prescribed social security contributions. This option is based on the provisions of Legislative Decrees 4377/1964 and 4378/1964 and has been preserved through Article 23 of Law 2079/1992. Importantly, prior permanent departure from the country of residence and permanent settlement in Greece is no longer required, nor is there a specific deadline within which the application must be submitted after arriving in the country. The core requirement remains proving the applicant's permanent and continuous residence in Turkey or Egypt.
What e-EFKA examines
The competent body for recognizing work history is currently e-EFKA, which reviews each case based on the nature of the employment or professional activity:
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For salaried employees, namely those who worked under an employment contract for remuneration, the relevant provisions that applied to former IKA-ETAM are implemented.
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For self-employed individuals engaged in independent professional activity, the corresponding provisions and directives of the insurance funds integrated into e-EFKA apply. If the audit confirms that the requirements are met, the work period can be recognized under the active framework. When the request is turned down, the rejection decisions are forwarded to OPEKA, and the Agency assesses whether the applicant satisfies the conditions for granting the full pension allowance. This review is conducted based on the specific criteria laid down in the new framework and without applying the population criterion. This means that the rejection of a time recognition request by e-EFKA no longer constitutes the final stage of the procedure for these categories of insured individuals. To evaluate eligibility for the allowance via OPEKA, the individual must have reached 67 years of age and meet the prescribed income criteria. The filing date of the original application holds particular significance. Under the new rule, the submission date of the application transferred to OPEKA is taken into account for granting the benefit, provided all other conditions are satisfied. OPEKA remains the sole competent body responsible for determining whether allowance conditions are met.
The regulation applies retroactively
The chronological scope of the new provision carries significant weight. Article 44 of Law 5313/2026 enters into effect retroactively from January 1, 2017. Furthermore, it is stipulated that the amended provision applies not only to new applications, but also to rejected and pending cases before e-EFKA at the time of the law's publication. Consequently, rejection decisions issued from January 1, 2017 onward, as well as those issued in the future, must be transferred to OPEKA.
Antonis Vasilopoulos
www.bankingnews.gr
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