Reduced pensions

National
For inept and powerful: White Revolution
Reduced pensions
By: Carlos Damián August 19, 2010
Castro: The Congress if it can reverse the pensions spoliation
México.- The Supreme Justice Court of The Nation (SCJN) secluded from its page web swell it - final reduction of the issued judgment - that contains all the points and definitions related to the jurisprudence 2ª/J.85/2010, linked with the reduction of the pensions amount in the retirement system. Of unexplainable way the maximum court removed the text from the jurisprudence that it has provoked controversy and critical to the integrating of the Judicial Power of the Federation (PJF).

The social communication address of the Court indicated that this Wednesday (August 4, 10) will be made known a pronouncement with respect to the resolution by the one which is reduced of 25 to 10 days of outstanding minimal salary in the Federal District (DF) the maximum ceiling for the pension payment to who are accepted to the outstanding legislation until 30 of June of 1997. According to a press release of the Court, with date 27 of June when was approved the jurisprudence; however in the page web of the institution is mentioned that the case was solved by the minister Sergio Valls Hernandez in 15 natural days, since received the case 11 of May and for the day 26 of the same it purportedly the Court in meeting from the second room, integrated by five magistrates, approved of unanimous way the judgment and was established what is known as the jurisprudence 85/2010.

Pronouncement about the resolution The data can be consulted in the page web of the Supreme Court yet about what initially was known as process 143/2010, they indicate: "with basis in the article 197 - A of the law of Habeas Corpus is accusation before the second room of this SCJN the possible thesis contradiction between the criteria supported by courts associated in matter of the work 12 and 13, of the first circuit.

The associated court number 13 decreed, within direct protection judgment number 50/2010, that "… being tried of the payment to disability pensions, oldness, unemployment in advanced age or death, it is groundless to consider that if the average salary of the last 250 quote weeks exceeds of ten-fold the outstanding minimal salary in the DF". The Mexican Institute of the Social Security (IMSS) intended to adjust "that amount to such limiting, in terms of disposed what is by the article 33 of the abrogated Law of the Social Security".

On the other hand, 12 court associated in matter of the work established, upon solving the direct habeas corpus judgment number 482/2008, that "pursuant to disposed what is by the article 33 of the previous law of the matter, the limit to establish the payment of the oldness insurances will be the equivalent to ten-fold the minimal salary outstanding general in the DF, when the average salary of the last quotation weeks exceed of said amount".

By this way the judicial decision has been translated in the norm that will govern to the courts to the hour of dictating judgment when workers promote a Habeas Corpus judgment by they aren’t accordant when the IMSS only would pay to them as pension 10 times the outstanding minimal salary in the D F, in spite of the fact that during all they occupational life quotation until 25 times that salary.

The Congress prepares strategy The Congress of the Work (CT), prepares a strategy to combat the resolutely of the SCJN about the reduction of the amount of the pensions, and warned that such decision is "legally wrong and socially unjust". The representative of the worker sector before this council , José Luis Carazo, warned that "if is not solved by this side (of SHCP) we will seek support to promote a legislative reform that permit that the workers do not lose benefit."

The decrease to the pensions that, according to the maximum court of the country, would have as limit the equivalent to 10 minimal wages and not 25, as is stipulated currently. Also it is manifested the credibility of the citizens in the institutions, especially in plans as that of the administrative for the saving and for the retirement (Afore). In this context there will be that to see the scope that has the jurisprudence; there are three rates; that of the law of the IMSS of 1973, that of the transition and the subsequent to the reform of 1997; then it is very complex this plan. This plunder of the pensions of the workers on the part of State is complicated their defense; the Congress of the Union is the only one that it can reverse this theft in depopulated. (La Jornada, puñalada a la jubilación, p.p. 2-3, 4 de agosto, 2010).