14.
On May 15, 1990, the State-owned company issued Resolution No. AD-0884/90-R.6 That
resolution included Mr. Muelle in the pension scheme governed by Decree Law 20530 - Rules governing
Pensions and Benefits for Civil Servants’ Service to the State,7 which acknowledged that Mr. Muelle had
rendered services to the State for 35 years, 10 months, and 27 days.8
15.
The pertinent parts of Decree Law 20530 for the instant case are:
Article 4. Workers acquire the right to a pension upon completing 15 years of actual
remunerated service in the case of men, and 12 1/2 years in the case of women.
Article 12.‐ For pension or benefits determination purposes, periods of services may be
cumulative provided that they were not simultaneous.
Article 13.‐ When services are accumulated as per the foregoing Article, payment of the
pension or benefits shall be effected by the entity at which the work was last employed.
Article 49. Pensions are adjustable when:
a) Upon retirement, the worker has completed 30 or more years of service in the case of men,
or 25 or more years of service in the case of women, are 60 or 55 years old or over,
respectively, and have not been rendered ineligible by a final judicial decision or dismissed as
a disciplinary measure; (...)
Article 50. The adjustment of pensions shall be done based on amendments to the
Remuneration Scale; be processed ex officio; be approved by order of the Chief of the
Respective Budget Unit; and enter into effect from the month following that in which the
aforementioned scale was amended.
16.
The Eighth Transitory Provision of the Constitution of 1979 established the right to
progressive adjustment of pensions of dismissed workers with more than 20 years of service, in the following
terms:
EIGHTH.- The pensions of dismissed and retired public administration workers with more
than 20 years of service who do not come under the Peruvian Social Security Service regime
or other special regimes are progressively equalized with the wages of active public servants
in the respective categories for a period of 10 fiscal years, starting from January 1, 1980, and
must be included in the Budget of the Republic under the appropriate headings. 9
17.
Decree-Law 23495 of November 20, 1982, and its Regulations developed the above
constitutional rule, introducing the right to automatic progressive adjustment in favor of the beneficiaries of
Decree-Law 20530:
4 Brief No. 2 of the law firm Laos, Aguilar, Celi y Vinatea Abogados, September 24, 1996. Attached to the petitioner's
communication of November 10, 1998.
5 Brief No. 2 of the law firm Laos, Aguilar, Celi y Vinatea Abogados, September 24, 1996. Attached to the petitioner's
communication of November 10, 1998.
6 Brief No. 2 of the law firm Laos, Aguilar, Celi y Vinatea Abogados, September 24, 1996. Attached to the petitioner's
communication of November 10, 1998.
7
Decree Law 20530. Promulgated on February 27, 1974.
Decision of the Constitutional and Social Division of the Supreme Court, August 22, 1997. Attached to the petitioner's
communication of November 10, 1998.
8
9
Constitution of the Republic of Peru of 1979.
3