The autonomist deputy, José Romero Brisco, proposes the creation of new regulations to govern the pension system in the province of Corrientes. It is argued that at the end of 2022The Superior Court of Justice declared the unconstitutionality of the pension calculation system in the province and urged the issuance of a new comprehensive pension law.
The purpose of the proposal is the creation of new pension regulations, which incorporates criteria that today are determined through jurisprudence and unifying the multiplicity of provisions that are applicable within the framework of current legislation.
“It is of transcendental importance to understand that this law is the response to a repeated statement by the Superior Court of Justice of the Province of Corrientes, whose ministers have been warning for some time about the imperative need to legislate on principles that today are applicable through jurisprudential,” explained deputy José Antonio Romero Brisco.
The legislative project refers to the ruling of the Superior Court of Justice of the Province of Corrientes “Lovato Nélida Susana against the Social Welfare Institute of the Province of Corrientes on amparo” which declared the unconstitutionality of the second paragraph of article 3 of Decree Law 167 /01 that establishes the way of calculating provincial retirements in Corrientes.
That article established that “said base will be increased by 12 months for each calendar year, starting on January 1, 2002, up to 240 months or all of the computed services corresponding to this Fund, if they did not reach that age, but were sufficient to obtain the benefit within this regime”.
With that ruling, the Social Security Institute was urged, based on this precedent, to calculate the initial salary in accordance with the first paragraph of the same article that states: “the initial salary of Ordinary Retirement or Disability Retirement will be equivalent to eighty-two percent (82%) of the average remuneration with contributions, actually received by the agent in any of the entities included in article 20, corresponding to the last 120 months prior to the provincial dismissal.”
But the Provincial Court also decided to send a copy of the ruling to the Provincial Legislature urging that, within a reasonable period of time, they issue a comprehensive pension law that contemplates the foundations provided herein regarding the determination of the initial assets, the inclusion of simultaneous contributions made to other Pension Funds, as well as the guarantee of automatic mobility.
In that sense, deputy Romero Brisco argued that in the foundations of the aforementioned ruling, “the legislative complexity in which the application of the pension regulations of our province is immersed is clearly evidenced, since they are intertwined from multiple current laws to decrees signed during the last federal intervention in Corrientes”.
It is added that in the referenced ruling the same president of the Superior Court of Justice, Dr. Luis Eduardo Rey Vazquez, expressed that despite the thousands of lawsuits filed against the Social Security Institute for this purpose, that is, obtaining the pension benefit according to art. 35 of Law 4917 without the reforms carried out by the last Federal Intervention in the Province.
In that ruling, the head of the Court had indicated that all of these demands “were and are systematically accepted by the vast majority of local courts,” but “the local Legislative Branch did not take action on the matter,” nor was it evident throughout these years “political will tending to carry out a reform of the pension system whose reform has been urgent for a long time.”
Therefore, for Congressman Romero Brisco, the creation of a new “comprehensive” pension law will bring with it the benefit of reducing the costly litigation resulting from a tangled system that does not respond to the jurisprudential reality established on the matter, also eliminating burden for the beneficiary who today must, inexorably, initiate a judicial process if he wishes to obtain his just claims.
On the other hand, the proposed law provides for computing the non-remunerative additional payments for the calculation of the beneficiaries’ salaries, thus putting an end to a conceptualization contrary to the nature of said perceptions, and ending a situation that today persists, incredibly, in total detriment of those who access the retirement benefit.
Likewise, it is proposed that the best 10 years should be considered, thus avoiding harm to those who in the last stretch of their working life have seen their salaries reduced.
