Daniel Santoro
12/29/2020 3:14 PM
Clarín.com
Politics
Updated 12/29/2020 5:40 PM
The federal social security judge Ezequiel Pérez Nami
granted
Vice President Cristina Kirchner the right to collect
two honorary pensions
, his own and that of former President Néstor Kirchner, plus retroactive interest, after a long judicial debate.
In a resolution to which
Clarín
agreed
, the magistrate
granted
the former president's demand and
decreed the nullity
of "Resolutions RESOL-2016-1768-E-APN-MDS and RESOL-2017-1-APN of the Ministry of Social Development "who had decided that he
should choose
between one of the two honorary pensions, which are a special regime for presidents, vice presidents and members of the Court.
Two pensions of this type would be, in total,
"no less than 800 thousand pesos a month without counting interest,"
estimated a judicial source.
And if you don't pay Profit, the figure would go even higher.
Pérez Nami gave the ANSeS a term "
of 30 days
to proceed with the restitution of the suspended Monthly Allowance for Life to the plaintiff, with
more interest since each sum was withheld, until the actual payment."
In addition, it
rejected
“the exception of lack of passive standing to act opposed by the defendant and order that benefits 40-5-8085268-0 and 40-5-8085213-0 be paid, according to Section II of the Considerations, in identical parameter used for the members of the Supreme Court of Justice of the Nation ”.
The judge said that "the provisions of Agreed No. 20/96 CJSN must be in accordance, and
the deducted
must be
reimbursed, with more interest
since each sum was deducted, until the actual payment."
It also gave rise to “
the reliquidation
of benefits 40-5-8085268-0 and 40-5-8085213-0, since each one was granted, in accordance with articles 1 and 2 of Decree 1417/87 and Resolution ANSeS PREV-34 - 03 (Cod. 011-000) dated 06/17/2020,
paying the differences with plus interest until the actual payment
”.
Last August, the vice president informed the Justice that her retirement as former president of the ANSES should be settled by charging seniority, hierarchical compensation, without discounts on income tax and with an "additional per southern zone (40 percent of real assets ) ".
In addition, he requested that it finally resolve if it corresponds, from the legal point of view, to also collect the pension of Néstor Kirchner and reimburse him for the Earnings withholdings from 2015 to date.
The lawyer for the former president, Facundo Fernández Pastor, presented the letter to the Social Security judge Viviana Patricia Piñeiro in which he communicated that he had "learned" of the existence of an internal ANSES manual that explains how to pay retirements to former ministers of the Court, former presidents and former vice-presidents.
Before the presentation of Fernández Pastor, Judge Piñeiro requested the file on paper to the chamber of jurisdiction to decide, at the discretion of the defense of the vice president, only if it is legal to collect a president's retirement and a pension from a former president to the once and not if you have to pay income tax.
These are ex gratia pensions paid by the Ministry of Social Development.
But
Piñeiro did not solve
but the surrogate Pérez Nami.
Now it will be necessary to see if the ANSES, led by the leader of La Cámpora, María Fernanda Raverta, or the Attorney General of the Treasury, Carlos Zannini, appeal the ruling in their capacity as representatives of the interests of the State.
The lawyer specializing in pension issues, Federico Despoulis Netri, told
Clarín
that “this
is a direct blow to retirees
where a very poor mobility is debated, the former president is granted
a double pension benefit
, which is contrary to what is established the law 24018 ".
Article 5 of that law enacted during Menem's administration says that "the perception of the assignment ordered in article 1
is incompatible
with the enjoyment of any national, provincial or municipal retirement, pension, retirement or ex gratia benefit, without prejudice to the right of the interested parties to opt for it for these last benefits ".
According to the specialist, "the law is clear you
must choose
one of all, but of course in Argentina K, laws are dictated for citizens and not for politicians."
When analyzing the ruling, Despoulis points out that the judge cited that the defense
"also alleges that the same happens with the former president of the Nation, Mrs. María Estela Martínez, Perón's widow
.
"
Isabel, who lives in Spain, “receives her Monthly Lifetime Allowance as a former president and at the same time for decades also
the Military Retirement
, it is clear that Perón's widow was president and widow of a president and in the judge's manifesto she I never collect both pensions, but rather that of president of his mandate until March 1976 and Perón's military retirement, where is the similarity in this case ”.
A common pension as a widow is not an ex gratia pension.
For the lawyer "the ruling
is a transcript of the lawsuit
whose arguments are very poor, used by the judge to make room for something unprecedented, that a widow and former president accumulate all possible benefits, it is more currently he will ask for the vice president, it is to say that for her, it is possible to accumulate all the rights that she requires ”.
"If the subrogative justice completely makes room for any request, if they review the law, acclaiming what the defendant maintains, and passing
a sentence in their favor in every sense
, of course this would not be another case of lawfare," Despoulis concluded.