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Judgment of the Constitutional Court on pensions, does not apply to retired judges

According to the Council of State, Judicial Branch officials have been pensioned before Act 4 of 1992, do not blanket the Judgment C -258 of 2013 .

May 16, 2014

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The State Council warned that the officials and employees of the Judicial Branch who earned their pension before the enactment of Law 4 of 1992, do not blanket the judgment of the Constitutional Court that set 25 minimum wages as the maximum of countertops.

The decision of the High Court was made to grant the recalculation of the pension to the wife and two children from a former magistrate who is now deceased, who asked that his allowance was liquidate and readjusted according to the pension arrangements for Parliamentarians. This request was denied by Cajanal.

The Second Section, with a presentation by Judge Gustavo Gómez Aranguren, said that those who served as judges of High corporations and obtained their pension under the protection of Decree 546 of 1971 (Regime Security and Social Protection of officers and employees of the Branch Judicial, Public and relatives Ministry) and the Law 33 of 1985 cannot apply them the restrictions laid down by the Constitutional Court in Case C -258 of 2013, because that decision declared unconstitutional, in part, Act 4 of 1992 and not the standards that had been issued before on the same subject.

"These judicial officers, in any way, may fall under the aforementioned restrictions established by the Constitutional Court in the Judgment C -258 of 2013, as this decision is restricted its subject only to congressional pensions arising from Act 4 of 1992 - Article 17 - and approval, pensions of Judges of the High Courts of Justice, according to the Regulatory Decree 104 of 1994, Article 28," says the statement.

The State of Council explained that the pension situation is different for the judges of the High Courts of Justice to get their right to a pension under Act 4 of 1992 and Regulatory Decree 104 of 1994.

"Always that be governed by these regulations, and communicability with the Parliamentarians, allows for such judges, obtain the right to recognition of the retirement pension at 75% of average monthly income received by the Congressman, factored only wage income they have actually received, having dues and service which have been incurred on the respective contributions to the pension system, in addition, subject to a ceiling of 25 minimum wages since 1 July 2013, "says the ruling.

The opinions expressed in this article are those of the authors and do not necessarily reflect the viewpoints of Activo Legal Ltda.