Ismael Bermúdez
06/21/2020 - 11:46
- Clarín.com
- Economy
- Economy
Due to the retroactive application of the change in the mobility formula in 2018 - during the Government of Mauricio Macri- and in 2020, with Alberto Fernández, with the retroactive suspension of mobility, retirees and pensioners are receiving their assets with a nominal deduction between 5% and 13% . And they accumulate a difference in less, with the right to retroactivity between March 2018 to the present, of between $ 10,221 for those who receive the minimum retirement and $ 138,451 for the maximum retirement.
The calculations are from the lawyer and Social Security specialist, Guillermo Jáuregui, who took into account that Law 27,426, approved at the end of 2017, “skipped” the 14% increase that had been accrued - because it corresponded to the second half of 2017 To this is added that the Emergency Law 27,541 -approved in the first days of Alberto Fernández's mandate- that suspended this year the increases of March (11.56%) and June (10.9%), which were also accrued because they corresponded to the second semester of 2019.
The Jáuregui numbers indicate that, since June, those who receive the minimum credit have been charging $ 16,864 when they should collect $ 17,759. A difference of less than $ 895, or 5% less. Those who in March 2018 earned $ 20,000 and currently collect $ 43,071, the difference in less is almost 11%, equivalent to $ 5,272. Meanwhile, the maximum credit, in June of $ 113,479, should be $ 130,107. A difference of less than almost 13% equivalent to $ 16,628. The percentage differences are due to flattening of assets.
As these differences began in March 2018 and deepened in March 2020, the retroactive nominal differences - without the interest adjustment - reached $ 10,221 for those with the minimum credit, between $ 45,894 and $ 73,865 for medium and $ 138,451 for the maximum credit. And they will grow larger as long as they are not recognized and canceled.
These calculations do not take into account the real loss of the assets for having received lower inflation increases - of 20% until December 2019 - but exclusively the deduction they suffered for not receiving in March 2018 and in March and June 2020 the corresponding increases due to the accrued formulas.
The retroactive application of the mobility change in March 2018 was declared unconstitutional by Chamber III of the Social Security Chamber in the Fernández Pastor ruling and has the favorable opinion of Victor Abramovich, Fiscal Prosecutor before the Supreme Court.
According to the Attorney General, "depending on the constitutional principle of non - retroactivity of the rules of social security mobility and the theory of acquired rights in this matter, " Fernández Pastor "has the right to have his retirement benefits updated in the July-December period. of 2017 that was objectively consolidated in the period governed by the validity of Law 26,417. "
"Thus, the retirement pension, integrated with said update, entered the assets of the actor as an acquired right in December 2017, even when the collection date was set for March of the following year."
With the suspension of the mobility formula extended until the end of the year, and the increases by decree flattening the pension pyramid (higher increases to those who receive less to the detriment of the middle and high assets), after the loss of 20% they suffered All retirees during Macri's administration, the Ombudsman's Office for the Elderly promoted a class action lawsuit and individual claims were filed against the retroactive suspension of mobility.
With the quarantine it is not possible to initiate lawsuits, but it is discounted that when the attention to the public resumes, there will be a greater number of individual filings.
