Friday , December 3 2021

The Supreme Court will issue a key figure for retirees and retirees today


It is estimated that the five members of the Supreme Court, 3 would vote today for the index most varied between April 1995 and February 2009: ISBIC, basic salary index for industry and construction, 435%, instead of that determined by RIPTE, Taxable Remuneration for the Stable Worker, which was 178 percent.

In this way, the court will tell what index the state will use to update pensions, and it will be doing so quickly with regard to Lucio Orlando Blanco, who retired in 2003. The decision can be taken as case law for at least 150,000 cases.

Judges' central points

Background. By a resolution of the Social Security Department published on November 12, 2018 in the Official Journal, the Government ratified its continued application of the RIPTE Index (Average Taxable Employment Compensation) for updating pension benefits. It is a pay indicator that consists of The average taxable compensation for stable workers is recorded, and is therefore reached by the system of contributions and contributions to the pension system.

Update. Until 2008, Anses applied no update of salaries after 1991, for quasi-stability that characterized the economy during the convertibility years, until 2001, and then for use and abuse of the powers of the Economic Emergencies Act 25 561 of 6 January 2002, when they reached an average of 10 years -120 most recent benefits – to calculate the first pension. This led to the introduction of thousands of adaptation procedures that collapsed the jurisdiction of social insurance. Against the background of the requirements, the Supreme Court in 2009 established a way of updating wages – in the case of Alberto Elliff – through the ISBIC index, which measures the wages for construction and industry.

Right failures. Judges' judgments in favor of retirees used ISBIC, a reference value that is partial because it includes not only employee income in sectors producing public and private services; and represent less than 10% of the employee's income in an addictive relationship but for that It is not representative of the remuneration that had had most of the universe's retirees and retirees current which complied with the law's contribution and minimum retirement age.

Significant differences. According to calculations made by the Tróccoli law firm, an age pension of $ 1 855 per July 2007 was adjusted by RIPTE to $ 2,490, but if made by ISBIC it amounts to $ 3,435. In the case of a loan amounting to 32884 kr in October 2018, it amounts to RIPTE 40525 and 55,913 USD for ISBIC.

The recipients. Although the Supreme Court's decision will affect a particular case – that of the retired Blanco- It is estimated that it will anticipate another 150,000 pensioners who are in a similar situation. But it can also trigger claims on many of the more than 3 million retirees and retirees who entered the system by the natural way of collecting years of grants and minimum retirement age and that their assets were updated by RIPTE.

Cost of considered. Although the Court's ruling will not immediately affect the universe of potentially targeted recipients, and it does not determine the payment mechanism, it may be in cash or through the issuance of an adjustable government debt instrument, the cost is initially calculated for the state arcades would be about $ 100,000 million, an average of $ 667,000 per recipient.

Official reading The government ensures that it will not have an impact from fiscal and economic point of view in public sources in the next few years. That is what the Minister for Production and Work insured Dante Sica: "It's limited to a single case, it would not change the terms or impact on the budget balance". The budget for 2019 planned a provision of $ 34.538 million for payment of approximately 40,000 permanent legal decisions, with a priority scheme based on the recipient's age and occurrence of terminal illnesses.

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