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payments; criminal proceedings were filed, as a result of which the SBS issued
decisions that it did not fulfill. An appeal was filed before the Constitutional Court,
which decided in his favor; recourse was had to the Office of the Ombudsman, which
exhorted the Superintendent to comply with the judgments, but the latter did not do
so. The Lawyers Professional Association was consulted as to whether what was
happening was permitted and it upheld the pensioners, even the Minister of Economy
and Finance himself sent a letter to the Superintendent, Dr. Puerta Barrea, urging
him to comply with the judgments to avoid criminal proceedings. The witness has
spoken directly with the different Superintendents, he has issued notarized letters
trying to overcome the difficulties and reach an agreement, even losing some rights,
but everything has been in vain. There have also been complaints to the press and
protest activities in the entrance to the SBS, but there has been no response. In
1992, legal proceedings were filed against the SBS, which was the institution
responsible for paying the pensions at that time. A few months later, in October
1992, Decree Law No. 25792 was promulgated. Since then, the SBS no longer pays
the pension. The witness and the other pensioners were not a “burden” on the
National Treasury, because they had their own income from the SBS pension fund.
Then, as of November 1992, the Ministry of Economy and Finance (hereinafter “the
MEF”) paid the pensions until March 2002, when article 5 of the said Decree Law was
annulled. Applications for protective measures were filed against the SBS, which
was the entity that should pay the pensioners; the MEF was not named in the
proceeding, because there was a tactic used by this Ministry and the SBS, since the
SBS said that, according to article 5 of Decree Law No. 25792, the MEF should pay
them the pension while the MEF alleged that the said article 5 did not create any
obligation for it to pay the SBS pensioners and that the SBS should transfer the
contributions, which were the appropriate resources to honor the payment of the
pensioners. The Constitutional Court’s judgment that ruled on the application for
protective measures, delivered after 1994, and the judgment of the Supreme Court
of Justice, ordered the rights of the pensioners to be restored, by paying them the
pension they had been receiving in accordance with Decree Law No. 20530. The
witness never incorporated the private sector regime. Currently, he receives a
pension referred to the salary of an employee under the private sector regime.
In March 2002, the SBS issued decisions to which it attached a statement of the
amounts due, which the five pensioners accepted; they were therefore paid the
pensions accrued during the 10 years that the SBS had ceased to pay them;
subsequently, he has received his pension every month. Following a ten-year
struggle, during which he suffered such penury, the witness states that he feels
slightly comforted.
The amount he received in repayment was more or less
S.1,400,000.00 (one million four hundred thousand soles), which, in dollars would be
approximately US$400,000.00 (four hundred thousand United States dollars), no
type of legal interest was added to this amount. The SBS salaries are not raised by
the pensioners and, according to the Decree Law No. 20530 labor regime, the
witness should receive the salary of the person who occupies his position; this salary
is about S.21,000.00 (twenty-one thousand soles), which is about US$6,000.00 (six
thousand United States dollars). This payment is subject to one condition that
mortifies the pensioners, because the last paragraph of article 3 of the SBS decision
states that it is all subject to the judgment of the Inter-American Court, which
means that they are still being threatened.
The witness requested the Court to deliver its judgment as soon as possible so that
he could have peace of mind.
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