For him flattening of pension benefits, new trials against pensioners begin. This involves the provision of bonuses to pensioners and retirees of the minimum capital -That it became permanent every month from September 2022 – led to “a pensioner who earned 2 minims in August 2022, in December 2023 began earning the equivalent of 1.32 minims; The one who charged 3 minimums received 2 minimums and the one who charged 4 minimums arrived at 2.6”, according to the calculations of the lawyer Guillermo Jauregui.
The lawyer adds that the extent of the leveling that is occurring is evident, and that it is in contrast with the letter of the art. 8th of the current mobility law.
This flattening will continue into January 2024 because the Government has extended the bonus up to $55,000 only for the lowest salaries scheduled for December 2023.
Therefore, in August 2022, the maximum assets were 6.72 times the minimum assets. In the months of December 2023 and January 2024, with the bonus, this ratio decreases to 4.41 times.
It is estimated that currently there are approximately 250,000 processes of pensioners for different reasons in the different segments of social security justice. And that the final sentences – which will have to be paid within 120 days, and which will not be carried out – There are more than 80,000 of them.
Jauregui explained that “in current legislation, the principle of substitution applies perfectly in the case of special regimes, which have assets that represent a percentage of the remuneration of the active (judges, foreign service, etc.)”.
“In the case of the general regime, the substitution principle is not perfect, but it’s reasonable. The current legislation establishes a series of guidelines for determining the initial assets and therefore we can affirm this A member who has made double or triple contributions to his salary will have a benefit approximately equivalent to that effort.”.
Consequently, “the principle of substitution is respected in determining the initial assets, because greater contribution efforts correspond to a better old-age wealth, which continues to maintain certain proportions compared to the minimum assets (symmetry of the pyramid). But This doesn’t happen with mobilityWhere The substitution principle is undermined if minimum pensions grow faster than pensions above the minimum. We believe that this situation, in addition to all the reasons given, also violates the substitution principle established by the Supreme Court.”
Jauregui concludes that “we are in the de facto antechamber of Badaro; which the Court has already observed and ruled promptly, and which the legislator – having become aware of the above – has reflected in article 8 of law 26.417; but which -unfortunately- recent economic policy, under the cover of the most diverse excuses, has violated.”
Source: Clarin
