As of 28 February, ANSeS had 81,055 retirement and pension readjustment practices with final judgment awaiting payment. And he had 249,183 active lawsuits as a defendant.
This was reported by the Cabinet Office to the National Congress.
According to the pension law, final judgments must be overturned within 120 days. This includes payment of the retroactivity from two years before the start of the process and the readjustment of current assets.
But this is not satisfied because ANSeS pays the item that marks the National Budget every year, which it reaches around 35,000/40,000 sentences. And the stock doesn’t shrink because those retirees’ lawyers think the penalty payment is misregulated, they fight again, and new lawsuits enter.
The stock of judgments remains unchanged. For example, in mid-2020, ANSES had 81,537 files with final judgment, while the stock of cases for retirement and pension adjustment without final judgment was 277,180. In 2019 there were 279,682 cases without final judgment against ANSeS.
The peak of disputes occurred as a result of the sentences of the Court of Cassation, Badaro cases (2007) for which minor increases granted between 2002 and 2006 and Elliff (2009) – who adjusted for the variation of pensions and salaries which are taken as a reference for the calculation of the have initial.
Then was added the judgment of the Court (Lucio Blanco case) which ratified the ISBIC index – which demonstrates higher rise– For salary adjustments (covers those who retired or went out of business before February 2018) by standardizing judicial criteria in resolving pensioner claims.
Since the beginning of 2018, new complaints have been added, such as the sentence of Section III of the Chamber of Social Insurance, in the case Fernández Pastor Miguel v. ANSeS, that declared unconstitutional the 5.71% increase received by pensioners in March 2018 according to the law on mobility approved during the government of Mauricio Macri.
The House ordered that the aforementioned mobility formula applies, which was calculated at 14.5%, as the rules cannot be applied retroactively. ANSeS appealed against the sentence, the Public Prosecutor accepted Fernández Pastor’s request and the ruling of the Court is still awaited.
There are also various applications for the cancellation of invalidity pensions, for the discount of earnings on pension shares and for the non-liquidation of paid sentences.
With the increases by decree in 2020 of the pension pyramid (larger increases for those who earn less at the expense of middle and high incomes), after the 19.5% loss suffered by all pensioners during the Macri administration, the Guarantor of the Third Age he promoted a class action lawsuit and against the retroactive suspension of mobility individual applications have been filed.
For their part, there have been several declaratory judgments pension increases by decree are unconstitutional applied by the current Government in 2020 because they are lower than those that would have resulted from the previous formula. In some cases, payment of the difference has been arranged.
There are also complaints from those who receive medium and high salaries because in the last 5 years accumulate a 35% loss compared to inflation.
Source: Clarin
