An administrative decision, which will take effect from February, generated great discomfort in a majority part of the Justice, which could be activated even more during the remainder of January, if, as they fear from the Association of Magistrates, it is generated economic damage to its members.
From next month, judges and prosecutors will retire through the ANSeS and not under the Council of the Magistracy, which regulated this procedure until this year. With the approval of the new sector retirement law, Article 109 of a regulation that had been in force since January 1976 was repealed, during the government of Estela Martínez de Perón. Thus, the assets will be liquidated again by ANSeS, which always made the last decision, but in administrative terms it had the intermediate step of Magistracy.
The reason? Formally, it is just a change in the law, but from the Magistrates Association they are already evaluating filing a judicial protection, in the event that an economic damage is indeed corroborated. The head of the entity that brings together Justice officials, Marcelo Gallo Tagle, spoke with Clarion and expressed concern about the measure, formalized in December.
“The repealed decree, which the ruling party states that it was dictated by the dictatorship when it was actually published in January 1976, arose from the deficiencies and errors that were generated when retirements were liquidated by ANSeS. Therefore, from that point on At the moment, he became a comptroller and had the last word, but control was always in the hands of the Council of the Magistracy, “says Gallo Tagle.
The Anses will have control over the payment of the judges’ pensions.
The president of the organization believes that there “a political intention” behind the decision and that they are in a state of “alert” to any error that may arise in the next settlement, the first with this system. In the event of a failure, he argues, the matter will be prosecuted and an appeal will be filed. “It is one more subjection against the Judicial Power,” he concludes.
One of the issues that cause concern in the judges is that, they understand, the future of having retirement is at stake, in a context in which some Buenos Aires magistrates, since 2019, have not been receiving salary increases from their colleagues, who are in activity.
From the pension entity they assured, also consulted by Clarion, that being a law, they only have to follow the indication. On December 29, 2020, the executive deputy director of ANSeS, Alejandro Merediz, sent a letter to Federico Vincent, of the Council of the Magistracy, in which he informs that “he will begin to liquidate the benefits granted under Law No. 24.018 “and asks” that the transfer process and the consequent liquidation of the benefits involved be carried out in a timely manner and that “This Council of the Magistracy submits the information completely and correctly” as requested “in the different notes raised to that body.”
The new retirement law for the Judiciary increased by seven points, d11 to 18% the contribution on the salary of its members. In addition, it kept 82% for retirement and increased the retirement age for men from 60 to 65 years, staggered year after year until reaching 65 in 2025.
At the time, at the beginning of 2020, the Executive presented the initiative in Congress, with the presence of the Minister of Labor, Claudio Moroni, and the then head of the ANSeS, Alejandro Vanoli.