76. Mr. García Lucero has received and continues to receive three types of monetary compensation under different laws. B.2.1) Benefit as a Person Dismissed for Political Reasons under Law No. 19,234 77. Mr. García Lucero’s request to be considered a “person dismissed for political reasons” (supra para. 75) was approved. 75 Consequently, he receives a monthly pension for life 76 and, according to the representatives, in January 2012, this represented $141,081.00 (one hundred and forty one thousand and eighty-one Chilean pesos), equivalent to US$288.48 (two hundred and eighty-eight United States dollars and forty-eight cents), of which he receives $136,167.00 (one hundred and thirty-six thousand one hundred and sixty-seven Chilean pesos), equivalent to US$278.43 (two hundred and seventy-eight United States dollars and forty-three cents), because 7% of the original sum is deducted for the National Health Fund (FONASA). Mr. García Lucero has been receiving this pension since 2000, 77 when he was accorded this benefit, retroactive to September 1, 1998. 78 Mr. García Lucero opted for the pension of a person dismissed for political reasons because article 15 of 75 Cf. “Evidence of recognition as a person dismissed for political reasons” (file of annexes to the pleadings and motions brief, tome II, annex 29, fs. 2685 to 2687), Decree No. 49 of February 6, 1996, and letter of February 13, 1996, addressed to Mr. García Lucero, signed by the National Coordinator of the Program for the Recognition of those Dismissed from their Employment for Political Reasons, Humberto Lagos Schuffeneger (file of annexes to the pleadings and motions brief, tome II, annex 29 fs. 2685 and 2686). 76 “As of September 1, 1998,” Mr. García Lucero’s pension was $79,776.00 (seventy-nine thousand seven hundred and seventy-six Chilean pesos) (Cf. “Evidence of recognition as a person dismissed for political reasons” supra; Certification issued in January 2001 by the National Coordinator of the Program for the Recognition of those Dismissed from their Employment for Political Reasons, Humberto Lagos Schuffeneger). The State indicated that this monthly pension, for the amount indicated, was “granted to [Mr.] García Lucero” on “October 13, 2000,” but that “he had received it since […] September 1, 1998,” and that the said amount is “approximately equivalent” to “US$140” (one hundred and forty United States dollars) “of that time” (communication of the State of October 1, 2009, received by the Commission on October 5 that year. File of annexes to the Merits Report, tome 1, annex 10, fs. 154 to 159), and at December 2008 it amounted to $133,059 (one hundred and thirty-three thousand and fiftynine Chilean pesos) (Cf. Certification of the Pension Standardization Institute, Unit for Payment of Pensions to those Dismissed, document attached to a communication from the State received by the Commission on October 5, 2009. File of annexes to the Merits Report, tome 1, annex 9, f. 152). At February 2011, it amounted to $136,439.00 (one hundred and thirty-six thousand four hundred and thirty-nine Chilean pesos), of which he received $126,888.00 (one hundred and twenty-six thousand eight hundred and eighty-eight Chilean pesos), because $9,551.00 (nine thousand five hundred and fifty-one Chilean pesos) were deducted for the National Health Fund (FONASA) (Cf. Payment issued by the BBVA Bank, with “date of payment” February 17, 2011. File of annexes to the pleadings and motions brief, tome II, annex 26, f. 2642). Regarding the total amount received under\ this pension, according to the calculation made by the representatives, between 2000 and 2008, Mr. García Lucero had received the sum of US$14,880.00 (fourteen thousand eight hundred and eighty United States dollars) (Cf. Communication of the petitioners of December 19, 2008, received by the Commission on December 22 that year. File of annexes to the Merits Report, tome 1, annex 11, fs. 161 to 174). While, according to the calculation made by the State, at October 2009, he had received a total of US$25,500.00 (twenty-five thousand five hundred United States dollars) (Cf. Communication of the State of October 1, 2009, received by the Commission on October 5 that year, supra). The certification of the Pension Standardization Institute, Unit for Payment of Pensions to those Dismissed, supra, establishes that, between September 1998 and December 2008, Mr. García Lucero had been paid $14,188,016 (fourteen million one hundred and eighty-eight thousand and sixteen Chilean pesos) plus $234,626.00 (two hundred and thirty-four thousand six hundred and twenty-six Chilean pesos) as a “Christmas bonus” and $993,161.00 (nine hundred and ninety-three thousand one hundred and sixty-one Chilean pesos) had been deducted for the National Health Fund (FONASA). 77 The Commission indicated that there was a discrepancy regarding the day and month of 2000 in which the pension was approved. The State indicated that this was as of October 13, 2000 (Cf. Communication of the State of October 1, 2009, received by the Commission on October 5 that year, supra), while the petitioners indicated to the Commission that it was as of May 22, 2000 (Cf. Communication of the petitioners of December 19, 2008, received by the Commission on December 22 that year, supra). However, both parties agree that Mr. García Lucero received the pension retroactively as of September 1, 1998. 78 Cf. “Evidence of recognition as a person dismissed for political reasons”: Certificate issued in January 2001, supra. 26

Seleccionar párrafo de destino3