On Tuesday, the High Court of Justice ratified the application of the ISBIC index, based on industry and construction salaries, to update the pension. The decision responds to a specific case: Lucio Orlando Blanco, who was retired in 2003 and a pre-existing system of historical reparation was established.
However, Court judgment will apply more cases. Who will win? In calculations, the retired courts before retirement before August 2016 and which are already retired between 110,000 and 140,000 are accurateDrián Tróccoli, tax attorney.
"The verdict of the court is very clear. It opens the doors to complaints from this retired group, but not the rest. He may ask for other issues, but that's why"Excluded are also excluded retirees and pensioners who have approved the retirement." If the agreement was approved by the Justice, there is no possibility, "he said.
The Supreme Court of Justice of the United States ratified the application of the 2009 Elliff case case. The remuneration to be considered for the calculation of pensions will be updated through ISBIC (Basic Industry and Construction Salary Index), without prejudice to the 23,928 Accreditation Act established by Anses in 1995.
Likewise, Anses 56/2018 and 1/2018 called for the resolution of the Ministry of the Social Security, which changed according to the change in the ISBIC index, RIPTE (Average Tax Compensation for Stable Employees). And the content of the phrase communicated to the United Nations Congress, so that "in a fair period", set the computable sales update indicator to calculate the initial salary for 1995-2008.
Until this happens, the ISBIC application will be updated in the case of resolutions pending. This is suitable for retirees. According to estimates of the Tròccoli study, The last 120 salaries of employees tailored to the ISBIC are calculated, the final salary received at the moment of retirement is 95.57%.. If calculated by RIPTE, this percentage is 66.83%.
"The period 1995-2008 is a great conflict. The index was updated that was ISBIC, that is, a 430% withdrawal. The Government wants to replace this time, which is called RIPTE, which measures the registered job and at the same time offers 170%. "ugenio Semino, Defender of the Third Age, in TN statements.
The defense explained, We need to limit the expectations about the number of retirees to deal with lies. "The retirement group is 7 million, but those who are related to the trial, first of all, came to the Court, who are closest to White, and those who are already tested and maintain, without accepting historical reparation," he said.
That is calculated 1.3 million retired people Recovery was massively accepted and did not start trial against the state. This means that about 45% of the retirement had been cut.
"It is very important that the clarification does not mean that there will be 150,000 petitions presented tomorrow or tomorrow, there is a whole process, those in different stages of the trial should have judgments of different cases," argued Semino.
The term of payment of judicial decisions is 120 days, but generally, they will usually last. The average time of a final trial is about one and a half year and a half. For this reason, the decision of the Supreme Court will not be affected by the fiscal year 2019, since the election payment has already been voted.
Now that's what's expected Appeals against the State may in some cases be the case for other Supreme Court cases. II of the Federal Social Security Chamber Room in the case of retired people Gabriel HartmannIn August of this year, the initial salary was resolved by less than 70% of the average salary of thirty-one percent, Anses acknowledges and has to pay the corresponding percentage to achieve this minimum percentage.