20
88(b) The alleged victims worked for the SBS and retired after having served for
more than 20 years in the Public Administration29. The five pensioners began
working in the Public Administration between 1940 and 1964, and stopped working
for the SBS between 1975 and 199030.
88(c) According to the organic law of the SBS, enacted in 1981, this entity “is a
public institution with public law legal status, and functional, administrative and
financial autonomy.” SBS personnel were included in a public sector labor regime
until, in this 1981 organic law, it was established that its personnel “[would be]
included in the labor regime corresponding to the private sector, with the exception
of those employees covered by the regime of Law No. 11377 and the pensions
established by Decree Law 20530, who [could] opt to continue under the said
regime”31.
88(d) The alleged victims opted to continue under the regime of Decree Law No.
2053032. According to the said decree law and its related and complementary
norms, the State recognized the alleged victims’ right to a retirement pension,
progressively equalized with the salary “of the active public servants in the
respective categories”, who occupied the same position or a similar function to that
occupied by the pensioners when they ceased to work for the SBS33.
29
Cf. administrative decision SBS No. 003-87 of January 6, 1987, with regard to Carlos Torres
Benvenuto (file of appendices to the application, appendix 10, folio 66); administrative decision SBS No.
376-83-EFC/97-10 of August 2, 1983, with regard to Javier Mujica Ruiz-Huidobro (file of appendices to
the application, appendix 12, folio 68); administrative decision SBS No. 330-95 of May 4, 1995, with
regard to Javier Mujica Ruiz-Huidobro (file of appendices to the application, appendix 51, folios 194 and
195); administrative decision SBS No. 228-84 of August 16, 1984, with regard to Guillermo Álvarez
Hernández (file of appendices to the application, appendix 14, folios 70 and 71); administrative decision
SBS No. 412-90 of July 4, 1990, with regard to Reymert Bartra Vásquez (file of appendices to the
application, appendix 16, folio 73); and administrative decision SBS No. 398-75-EF/97-10 of October 21,
1975, with regard to Maximiliano Gamarra Ferreyra (file of appendices to the application, appendix 18,
folios 76 and 77).
30
Cf. supra note 29.
Cf. Legislative Decree No. 197 “Organic Law of the Superintendency of Banks and Insurance”
of June 12, 1981, published in July 1981 in the Official Gazette, El Peruano, articles 1 and 35 (file of
appendices to the application, appendix 9, folios 60 to 65).
31
32
Cf. testimony provided by Carlos Torres Benvenuto to the Court on September 3, 2002;
testimony provided by Guillermo Álvarez Hernández to the Court on September 3, 2002;
administrative decision SBS No. 003-87 of January 6, 1987, with regard to Carlos Torres Benvenuto (file
of appendices to the application, appendix 10, folio 66); administrative decision SBS No. 330-95 of May
4, 1995, with regard to Javier Mujica Ruiz-Huidobro (file of appendices to the application, appendix 51,
folios 194 and 195); administrative decision SBS No. 228-84 of August 16, 1984, with regard to
Guillermo Álvarez Hernández (file of appendices to the application, appendix 14, folios 70 and 71);
administrative decision SBS No. 412-90 of July 4, 1990, with regard to Reymert Bartra Vásquez (file of
appendices to the application, appendix 16, folio 73); and administrative decision SBS No. 398-75-EF/9710 of October 21, 1975, with regard to Maximiliano Gamarra Ferreyra (file of appendices to the
application, appendix 18, folios 76 and 77).
33
Cf. Act No. 23495 “Progressive equalization of the pensions of retirees and those who cease to
work for the Public Administration who are not subject to the social insurance regime or to other
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