martes, 17 de agosto de 2010

Congress considers prejudicial for the working resolution

National
Stab to the retirement
Congress considers prejudicial for the working resolution
By: Carlos Damián August 17, 2010
Propose discussion of agreement point to request explanation ministers
México. - The third commission of the Permanent agreed yesterday let pending for other meeting the agreement point proposed by the PRD to make a call to the Mexican Institute of the Social Security (IMSS) to the fact that to "slant of its technical council, in the processed moment that correspond and based on its attributions, issues an agreement that define the real scope of the jurisprudence 2a/J.85/2010 of the Court, related to the pensions".

In so much the leadership of the PRI advanced their statements saying that the reduction of the pensions will be one of the high-priority topics that will approach the federal legislators in the next ordinary period of meetings. The Court, in a communiqué made interpretations provoking more contradictions and hardly yesterday the referee minister Sergio Valls, presented the file.

The reductions in pensions of the IMSS
Without notifying and a blow to the economy of the working in age of pension off, the arbitrational decision of reducing the pensions to the retired. In the private meeting of the 9 of June, the second room of the Supreme Justice Court of the Nation (SCJN) approved the jurisprudence 85/2010 with the headed that summarizes its contained: "Social Security. The average salary of the last 250 quote weeks base to quantify the pensions by disability, oldness and unemployment in advanced age has as limit superior the equivalent to 10 times the minimal salary of the D. F. agreed with the second paragraph of the article 33 of the outstanding relative law from 30 of judgment of 1997". The decision was taken unanimously of the integrating five of the room, being referee the minister Sergio A. Valls Hernandez.

As is natural, the news has fallen as pump between the affiliate workers of level middle and superior; it is calculated that more than a million 200 thousand persons could result affected with this unexpected action. Their retirement expectations have been you held to the rules that the own IMSS has come applying until today, the same with those which have been retired companions and familiar; this is, the pension either of unemployment (60 years) or of oldness (65 years) is paid based on the salary average of the last 250 weeks until a ceiling of 25 minimal wages, about 40 thousand pesos. Now its maximum limit will be of 10 minimal wages, 17 thousand pesos, almost 60 percent less.

A sudden change in the calculation of the pensions would generate a gigantic injury in the economy of the workers and their families, who trusted in the outstanding legal interpretation and information, offered by the public entities they have taken fundamental decisions to organize their future life. Good part by they would follow working if knowing that the pension can be smaller to half of what is waited. The degree of distrust that exists about our institutions would increase before this abrupt guided change substantially to reduce the expenditures of the federal government in the matter. The impact in the occupational market is non-predicable; what is clear is that it is considered a brutal blow to the quality of life of this sector of the population.

The IMSS protects today to a population superior to 50 million of Mexicans. In these last 17 years have been come retiring thousands of workers and their pensions have been granted based on the salary average of the last 250 worked weeks, taking as ceiling 25 minimal wages. The Court solved a thesis contradiction, since two courts solved of different way about a judgment against the IMSS, in the one which a worker pensioned with ten minimal wages filed suit to demand pension of 25 mini wages; however, this was retired with the law of 1973 and he was wanting be pensioned with the law of 1997.

Concluding can indicate that the salary quote base must be also base for the determination of the amounts of the different presentations in money that grants the law to the assured workers. It is an exit to the financial crisis for which passes the ++IMSS, it is anger you that the institute created to protect to the working and employed now beat the pensions of the old working and it is unquestionable that with this determination of the SCJN is violated the right to a pension deigns in advanced age. (La Jornada, reporte social, p.p. 3-5, August 4, 2010).

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