The National Institute for Teacher Welfare (Inabima) reported that the discount they make to retired teachers, pensioners and survivor insurance assets is supported by various regulations.
In a statement, the institution stated that its mission is to guarantee the well-being of teachers in the pre-university public sector through the administration of the social security system created by Law 87-01, and in compliance with the provisions of article 60 of the Constitution. .
Citing the aforementioned regulations and Law 451-08, which introduces modifications to Law 66-97 on Education, he indicated that they have refrained from accepting the waiver of the survival insurance payment, because the action would be equivalent to ignoring the primacy of what is substantial, which is the Magna Carta.
Full statement
The National Institute for Teacher Welfare (INABIMA) has the mission of guaranteeing the welfare of the teaching family of the pre-university public sector, through the administration of the social security system and the provision of quality services, faithfully complying with the provisions of the Constitution of the Dominican Republic, especially in fundamental rights, emphasizing in its Art. 60, which cites the following:
“Article 60.- Right to social security. Every person has the right to social security. The State will encourage the progressive development of social security to ensure universal access to adequate protection against illness, disability, unemployment and old age.”
Law 87-01, which creates the Dominican Social Security System and its modifications, in its article 41 establishes:
“Art. 41.- Existing pension funds. The pension funds created by means of specific laws or corporate plans may continue to operate, provided that they comply with the requirements established by this law and its complementary regulations,” essentially in terms of contributions, the investment of funds in disability and survival insurance and to the supervision of said funds by the regulatory entities of the System. Based on these considerations, there are pension plans in our country instituted by guilds, unions or various groups, which are delimited by common characteristics, this being the case of INABIMA.
It is important to note that the Special Pension and Retirement Program for teaching staff of the Ministry of Education is a distribution sub-system, as established in Law 66-97, in its Art. 168, modified by Law 451-08, Art. 8, which cites the following:
“Art. 168.- The Special Pension and Retirement Program for Teaching Personnel of the Secretary of State for Education is nourished by the monthly contributions assigned by the State in its capacity as employer and by the contribution of all beneficiaries of the public sector, both active and retirees and pensioners, in their capacity as affiliates. An actuarial study will precede the application of the fees to be paid, but in no case may they be less than 4% of the salary of the worker in charge of the beneficiaries.”
Upon our arrival at the institution we found several lawsuits being heard in court since 2013, from beneficiaries of some affiliated teachers who renounced survival insurance, which gave gain to the plaintiff. It should be noted that Judgment No. 0030-02-2021-SSEN-00329, issued by the Superior Administrative Court, on July 14, 2021, and in which our governing body, the Superintendence of Pensions (SIPEN) appears as a forced intervener. ), in its conclusions, requested to declare inadmissible and null and void the article (paragraph) of the INABIMA Regulation of Pensions, Retirement and Complementary Retirement Plan and its modifications, based on the fact that the same law that creates the National Institute of Teacher Welfare in none of its parties establishes any documentation that allows the waiver of the survival insurance. The representatives of our governing body (SIPEN) in hearing, also stated that “The Constitutional Court in numerous sentences has established and presented several precedents establishing that this document (waiver document) was inadmissible since fundamental rights are inalienable”, as established by our Magna Carta.
Supported by the aforementioned legal texts and in our capacity as a State body, responsible for administering the system of social security services and the quality of life of Dominican teachers and their families, we have refrained from accepting the waiver of payment of the Survival Insurance, given that this action would be equivalent to ignoring the primacy of what is substantial, which is the Constitution over the law or any other adjective norm.
