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Retirees: there are 81,000 firm judgments pending payment


According to the pension law, these sentences must be canceled within 120 days. This includes the retroactivity payment and the readjustment of current assets.

As of February 28, ANSeS had 81,055 retirement and pension readjustment files

with a final judgment pending payment


And he had 249,183 active causes as a defendant.

This was reported by the Cabinet Office to the National Congress.

According to the pension law, final sentences must be canceled

within 120 days.

This includes the payment of


from two years prior to the start of the trial and the readjustment of current assets.

But that is not fulfilled

because ANSeS pays every year the item that marks the National Budget, which reaches about

35,000/40,000 sentences.

And the stock is not reduced because the lawyers of those retirees consider that the payment of the sentence is poorly settled, they litigate again, and

new trials are filed.

The stock of judgments remains firm.

For example, in mid-2020, the ANSES had 81,537 files with a final judgment pending settlement, while the stock of lawsuits for retirement and pension readjustment without a final judgment was 277,180.

In 2019, there were 279,682 lawsuits without a final judgment against the ANSeS.

The peak of lawsuits occurred as a consequence of the rulings of the Supreme Court, the Badaro (2007) cases for the

minor increases granted between 2002 and 2006

and Elliff (2009) – which adjusted the variation in pensions and salaries

that were take as a reference for the calculation of the

initial credit.

Then the Court's ruling was added (Lucio Blanco case) that ratified the ISBIC index – which shows

a higher increase

– for salary readjustments (covers those who retired or ceased activity before February 2018) standardizing the judicial criteria when resolving the demands of retirees.

Since the beginning of 2018, new claims were added, such as the ruling of Chamber III of the Social Security Chamber, in the Fernández Pastor Miguel v. ANSeS case, which declared the 5.71% increase received by

retirees in March unconstitutional of 2018

according to the mobility law approved during the government of Mauricio Macri.

The Chamber ordered

that the previous mobility formula be applied

, which was calculated at 14.5%, on the grounds that the laws cannot be applied retroactively.

ANSeS appealed the ruling, the Court Prosecutor ruled in favor of Fernández Pastor's claim and

the Court's pronouncement is still awaited.

There are also various claims for the annulment of disability pensions, for the discount of earnings on retirement amounts and for poor settlement of sentences paid.

With the increases by decree in 2020 in the pension pyramid (higher increases for those who earn less to the detriment of medium and high incomes), after the 19.5% loss suffered by all retirees during the Macri administration, the Ombudsman de la Tercera Edad promoted

a collective lawsuit

and individual claims were filed against the retroactive suspension of mobility.

For its part, there were several rulings declaring

unconstitutional the increases in retirement by decree

applied by the current Government in 2020 because they were lower than those that would have arisen from the previous formula.

In some cases, the difference was ordered to be paid.

There are also claims from those who earn medium and higher salaries because in the last 5 years

they accumulate a loss of 35%

 in relation to inflation.


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Source: clarin

All business articles on 2023-03-29

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