37
of his retirement, he was credited with 20 years, 10 months and 20 days service in
the Public Administration114. Mr. Gamarra Ferreyra retired under the pension regime
established in Decree Law No. 20530 and his widow is subject to the widow’s
pension regime established in this decree law115.
89(w) In August 1992, the SBS paid him a retirement pension of S.2,680.33 (two
thousand six hundred and eighty soles and thirty-three cents)116. As of September
1992, the pension was reduced by approximately 81% to the sum of S.504.00 (five
hundred and four soles), without any prior notice or procedure117.
89(x) On October 6, 1992, Mr. Gamarra Ferreyra filed an application for amparo
against the SBS118. On January 6, 1993, the Civil Court of Lima declared that the
said application for amparo was inadmissible119. On December 30, 1993, the First
Civil Chamber of the Superior Court of Justice of Lima revoked the preceding
decision and declared that the application for amparo was admissible120. On October
10, 1994, the Constitutional and Social Law Chamber of the Supreme Court of
Justice declared that the judgment delivered by the First Civil Chamber of the
Superior Court of Justice of Lima declaring the application for amparo admissible
should not be annulled, and “consequently, order[ed] the Superintendency of Banks
and Insurance to comply by paying the plaintiff the amount of his retirement pension
that he had been receiving up until August 1992”121. On December 19, 1994, at the
114
Cf. supra note 112.
115
Cf. administrative decision SBS No. 251-2002 of March 12, 2002, with regard to Maximiliano
Gamarra Ferreyra (file on merits and possible reparations, tome IV, appendix 6 of the communication
of July 22, 2002, presented by the representatives of the alleged victims and their next of kin, folios 979
to 982); and Decree Law No. 20530 “Pension and Compensation Regime for Civil Service to the State
not covered by Decree Law 19990” of February 26, 1974 (file of appendices to the application, appendix
19, folios 78 to 85).
116
Cf. decision No. 3023 of the First Civil Chamber of the Superior Court of Justice of Lima
delivered on December 30, 1993, regarding the application for amparo filed by Maximiliano Gamarra
Ferreyra (file of appendices to the application, appendix 47, folios 185 and 186).
117
Cf. supra note 116.
Cf. application for amparo of October 6, 1992, filed by Maximiliano Gamarra Ferreyra before
the lower civil court judge (file on merits and possible reparations, tome II, appendix 8 of the answer to
the application, folios 372 to 381).
118
119
Cf. infra note 120.
120
Cf. decision of the First Civil Chamber of the Superior Court of Lima delivered on December
30, 1993, regarding the application for amparo filed by Maximiliano Gamarra Ferreyra (file of
appendices to the application, appendix 47, folios 185 and 186).
121
Cf. judgment of the Constitutional and Social Law Chamber of the Supreme Court of Justice
delivered on October 10, 1994, published in the Official Gazette El Peruano on December 2, 1994,
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