5
time spent working in an entity of the State, given the unemployment benefits
granted by the Ministry of Health."
12.
María Elena Loayza Tamayo explained that she was eligible for two pensions
because she had retired from the Ministry of Health and, following that retirement,
she had initiated a second period of employment as a teacher. She therefore said
that "she [was] eligible for a fair retirement because [… she had] worked since 1990
under the system of law 19,990." She also pointed out that "the new law 19,990
states that [workers must] be 65 years old in order to retire, and that [their pension
would depend] on the contribution […] made to build up a retirement fund; [and] it
should be understood that if contributions have not been paid in, then those
particular years of service will not be figured in for retirement, which would detract
from the benefits when [she] retires at the age of 65." María Elena Loayza Tamayo
added that "the general rule is to avoid the perception that anyone is receiving more
than one government pension, except for the case of teachers, who in Peru may hold
two different kinds of job, both in the administrative area and in teaching."
13.
That the Commission asked that, "the years that Mrs. Loayza Tamayo was in
detention be included [and] that this factor not […] injure her pension benefits." It
also stated, "...given that the victim has described three jobs she held at the time
she was seized, [the] State [should] describe how it will ensure her right to
retirement with regard to this, because it is quite clear that the unemployment
pension from the Ministry of Health has nothing to do with what is being discussed at
this point."
14.
That with regard to this obligation, the Memorandum of the Meeting (supra
Having seen no. 12) says, "...the State should inform Mrs. Loayza Tamayo about
actions taken to comply with this point at the meeting that will take place in the city
of Lima, Peru two months from today [February 1, 2008]."
*
*
*
15.
That with regard to the adoption of all measures of domestic law to ensure
that no adverse decision delivered in proceedings against Mrs. Loayza Tamayo in the
civil courts has any legal effects whatsoever, the State noted that it had already
submitted "certifications from the offices of police records, criminal records and
judicial records, giving reliable assurance that neither the police department, the
criminal department nor the courts has any provision [or] administrative record that
would circumscribe her rights."
16.
That in this regard, the representative of the victim asked that "the State
specify whether an administrative record has this legal effect and guarantees the
right of María Elena Loayza […] not to suffer any legal consequences from the
judgment delivered against her in the regular courts." The Commission made no
comments in this regard.
17.
That according to the Memorandum of the Meeting (supra Having seen no.
12) the State agreed "to take all necessary steps to obtain judicial documentation or
an order from the competent courts asking government offices to remove all criminal