49
salary received by employees subject to the private sector labor regime is not
consistent with the provisions of Decree Law No. 20530.
107. To examine this point, the Court considers it advisable to distinguish two
different stages or periods:
1.
2.
From retirement to March and August 1992; and
From the reduction in the pensions until March 2002.
a)
First Stage
108. It has been proved that the State’s interpretation of Decree Law No. 20530
(through SBS administrative decisions) to calculate the pensions, from the
retirement of the alleged victims up until August 1992, with the exception of Mr.
Reymert Bartra, in whose case it was from retirement until March 1992, signified
equalizing on the basis of the salary received by the person who occupied the same
position as they did in the SBS at the time of their retirement, without taking into
account that, as of June 1981, SBS employees were governed by the private sector
labor regime. That is why the five pensioners received an equalized pension in those
terms, as follows: Carlos Torres Benvenuto from January 1987 until August 1992;
Javier Mujica Ruiz-Huidobro from August 1983 until August 1992; Guillermo Álvarez
Hernández from August 1984 until August 1992; Maximiliano Gamarra Ferreyra from
October 1975 until August 1992, and Reymert Bartra Vásquez from July 1990 until
March 1992.
b)
Second Stage
109. It has also been proved that as of April 1992 (in the case of Mr. Bartra
Vásquez) and September 1992 (in the case of the other alleged victims), the amount
of the pensions of the five pensioners was reduced by approximately 78%. This
reduction was arbitrary, because, when the alleged victims went to withdraw their
pension, they received a much lower sum than they had been receiving, without any
legal proceeding or any decision having been issued that authorized this reduction.
In view of this situation, the alleged victims filed the corresponding legal recourses
(supra paras. 88(h) and 88(l)).
110. In October 1992, prior to the delivery of the judgments that ruled on the
applications for protective measures, Decree Law No. 25792 was promulgated. It
“[a]uthorizes the Superintendency of Banks and Insurance (SBS) to establish a
program of incentives for the voluntary resignation of its employees.” Article 5 of this
decree law stipulates:
The collection of the contributions and the payment of the pensions,
remunerations or similar that the Superintendency of Banks and Insurance is responsible
for paying to its pensioners, retirees and those who have ceased to work for it and who
are covered by the regime of Decree Law No. 20530 shall be transferred to the
budgetary envelope of the Ministry of Economy and Finance.
The said pensions, remunerations or similar will have as a reference, including
for their equalization, those that the said Ministry pays to its employees and officials in
accordance with Legislative Decree No. 276. In no case, will the remunerations paid by
the Superintendency of Banks and Insurance be equalized or referred to employees
subject to the private sector regime.
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