The debate and approval of a bill that sought to denature the pension reform recently enacted by the Executive power and previously approved by the Congress of the Republic, was rejected by the Labor Commission, which decided to return the initiative to the legislative group so that it could continue under evaluation, despite the fact that the recommendation of the technical team was to send it to the archive due to “subtraction of the matter.” ” and because they had received various opinions against it.
This is Bill No. 07538/2023-CR, presented last April by Congressman Darwin Espinoza, when he was a legislator for the Popular Action bench because he is now part of the ranks of Podemos Peru.
The proposal, which goes directly against the Law of Modernization of the Peruvian Pension System (N°32123), promulgated on Tuesday, September 24 of this year, proposed eliminating the obligation to join the AFPs and the ONP and opened the possibility of contribute to the financial system, intended for members unemployed for 6 months to opt for partial withdrawal of capital or profitability of their funds, lowered the retirement age to 60 years and sought to restore retirement of 95.5% of the accumulated funds at the legal retirement age and early retirement.
The reform enacted, as it is public, establishes the obligation for all Peruvians to belong to the pension system, whether public or private (at their free choice), grants a minimum pension (initially S/600), maintains the age legal retirement at age 65, prohibits extraordinary withdrawals of funds and limits withdrawal of 95.5% to those under 40 years of age, in order for all citizens to have the right to social protection in matters of pensions.
Subtraction
Last Tuesday, surprisingly, the Labor Commission had on its agenda the debate and approval of the bill against the pension reform. The board of directors of the congressional group, chaired by the parliamentarian of Alliance for Progress (APP), Edhit Julón, proposed applying the principle of “subtraction of the legislated matter”, because this year Congress already approved a reform of the pension system , so the project was outdated and had to be archived.
However, the legislators of Peru Libre, María Agüero and Américo Gonza, defended the legislative initiative and opposed a vote to archive it, so the president of the commission said that the technical team will continue to evaluate the issue.
All this occurred despite the fact that in the same session it was reported that the project has technical opinions against entities such as the Superintendency of Banking, Insurance and AFP (SBS), Ministry of Economy and Finance (MEF) and Ministry of Labor and Promotion of Employment (MTPE).
In this regard, the SBS points out that the bill does not meet the purpose of providing adequate protection of the population against the risks of old age, disability and death. The MTPE maintains that it is not viable, mainly because it does not present a technical, economic, financial and actuarial study that supports its viability. And the MEF expresses itself unfavorably because it proposes creating a new pension regime without an actuarial study that demonstrates its technical, financial viability and long-term sustainability.
“In relation to the availability of pension funds for unemployed members, the MEF indicates that, by using the pension system to solve problems such as unemployment, its purpose is distorted, which is to protect the member during old age. , thus affecting the ability of members to build a pension that provides protection for them and their beneficiaries,” the document reads.
This legislative initiative has been referred to two congressional commissions, the first being the Economy Commission.
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