27 “pensioners whose institution of origin has been privatized or dissolved, shall receive their pensions from the Ministry of Economy and Finance.”124 102. The previous rule was expanded on December 6, 2003, through Law No. 28115. Article 1 of this law established that “[t]he recognition, declaration, qualification and payment of pensions originating from an entity that has been privatized, liquidated, deactivated and/or dissolved, shall be under the responsibility of the Ministry of Economy and Finance, which is authorized to delegate those functions to the Pension Standardization Office.” 125 103. On November 17, 2004, Law No. 28389 was promulgated, 126Article 3 of which modified the First Final and Transitory Provision of the Constitution of 1993, finally declaring closed the pension scheme of Decree Law No. 20530. The reform prohibited the inclusion or re-inclusion of new workers and required those who had not yet met the requirements to choose between the National Pensions System or a Private System. That same article was applicable immediately to workers and pensioners under the State pension schemes and prohibited the equalization of pensions.127 104. On December 30, 2004, Law No. 28449 was issued, establishing the new rules of the pension scheme governed by Decree Law No. 20530, Article 4 of which expressly prohibited the equalization of pensions with the wages and benefits received by active public servants.128 Article 10 reiterated that the Ministry of the Economy and Finance would be the government entity responsible for administering the pension scheme of Decree Law No. 20530. 129 This pension reform was declared constitutional by the Constitutional Court in 2005. VII MERITS 124 Article 7 of Law No. 27719, “Law of recognition, declaration and qualification of pension benefits legally obtained under Decree Law N° 20530 and its supplementary rules and amendments”, published in the Official Gazette El Peruano on May 12, 2012 (evidence file, folio 1691). 125 Article 1 of Law No. 28115, “Law that expands and specifies the scope of Law N°27719 “Law on the recognition, declaration and qualification of pension benefits legally obtained under Decree Law N°20530 and its supplementary rules and amendments”, published in the Official Gazette El Peruano on December 6, 2003 (evidence file, folio 1694). 126 Cf. Article 3 of Law No. 28389, “Law to reform Articles 11, 103 and the First Final and Transitory Provision of the Constitution of Peru” published in the Official Gazette El Peruano, on November 17, 2004 (evidence file, folio 1696). Cf. Article 3 of Law N° 28389, “Law to Reform Articles 11, 103 and First Final and Transitory Provision of the Constitution of Peru” published in the Official Gazette El Peruano, on November 17, 2004 (evidence file, folio 1696). This Article states: “[t]he pension scheme of Decree Law No 20530 is hereby declared permanently closed.” The changes brought about through this Constitutional Reform included: 1. No admission or re-admission of new workers to the Decree Law No 20530 pension scheme. 2. Workers affiliated to that system who did not meet the requirements to obtain their pension must opt for the National Pensions System or the system of the Private Pension Fund Administrators. Also, for reasons of social interest, immediate application of the new pension rules to employees and pensioners of the State pension regimes. Discontinuation of pension equalization with wages, and the reduction of the amount of pensions lower than one Taxation Unit. Gradual imposition of caps on pensions that exceed one Taxation Unit. Budgetary savings obtained from the application of new pension rules to be used to increase the lowest pensions, according to law. Any modifications made to the existing pension schemes, and to new pension regimes that may be established in future, must be governed by criteria of financial sustainability and non-adjustment […]”. 128 Cf. Article 4 of Law No. 28449 entitled “Law to establish the new rules of the pensions system of Decree Law N° 20530”, published in the Official Gazette El Peruano, on December 30, 2004 (evidence file, folio 1700). 127 Cf. Article 10 of Law 28449 entitled “Law establishing the new rules of the pension scheme of Decree Law N° 20530”, published in the Official Gazette El Peruano, on December 30, 2004 (evidence file, folio 1698). Said Article establishes that: “[t]he Ministry of Economy and Finance is the national government entity that administers the pensions of Decree Law No 20530. Any reference to the entities responsible for functions related to the regime regulated by this Law shall be referred to the Ministry of Economy and Finance, except in relation to the payment of pensions, unless this task is delegated to it by Supreme Decree, with the approval of the Council of Ministers." 129