Retirees: there are 81,000 firm judgments pending payment

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

.

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

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

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

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

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

initial credit.

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

– 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

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

The Chamber ordered

, 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

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

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

For its part, there were several rulings declaring

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

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

 in relation to inflation.

NE

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