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Tuesday, March 7, 2023

What does dying in "active service" mean?

The Civil Guard is Spain is one of two national police forces. It is military in nature and subject to the Ministries of Interior and Defense.

The widow of a Colonel of the Civil Guard, who died of a stroke while in active service, was denied compensation for his death while "in active service" because the lower court affirmed the Ministry of Interior's Resolution denying the higher pension because "the circumstances and the conditions under which he died did not amount to active service." The case came on appeal to the Audiencia Nacional, a higher court, but inferior to the Spanish Supreme Court.

The Colonel had a stroke on September 23, 2018, a Sunday, after going for a run and telling his wife that he had felt ill for a week.  He was taken to a hospital, placed in intensive care and died on September 27.  His widow received a pension but it was not as high as if he had died "in active service."

His widow argued on appeal that he died in active service because hwas suffering from the stress of his job, but the relevant legislative provisions for granting this pension require that the person die during working hours and at the work place.  Since he died on a Sunday, these requisites were not met and the Audiencia Nacional affirmed the lower court's ruling.

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