The General Directorate of Information and Defense of Social Security Affiliates (DIDA) warned that the Resolution 624-05which approves the new policy contract by the National Social Security Council (CNSS)introduces provisions that are “regressive and incompatible with Constitution”.
The entity points out that exclude claims occurred before May 20, 2025, maintains limitations declared unconstitutional and imposes restrictions that violate acquired rights in it pension system.
The DIDA explained in a statement that this resolution arises in compliance with the Sentence TC/0305/25 of the Constitutional Courtwhich declared unconstitutional the limitations on the expiration of the term and age to access disability and survivor pensions established in the Law 87-01 about him Dominican Social Security System.
In that sense, Elias Baezgeneral director of the DIDAstated that the resolution “goes against the constitutional mandate to expand coverage, not restrict it,” by suppressing historical guarantees such as the pension recognition from the date of medical diagnosis dictation.
Furthermore, he criticized that the measure maintains restrictions voided by the Court and allow the use of the worker’s pension savings -his Individual Capitalization Account— to finance pensions that, according to the Law 87-01must be covered with the life insurance premium.
Báez also denounced that the regulations violate the **right to transfer between Pension Fund Administrators (AFP)**, affecting even public officials with acquired rights and generating regulatory contradictions that put protection within the system at risk.
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The DIDA submitted a appeal for reconsideration before him CNSS to annul the resolution and suspend its effects immediately “to avoid irreparable damage,” and initiate a new review process with the participation of the entity and the other actors in the system.
The institution recalled that it had warned the CNSS about the need for correctly adapt the policy contract after the ruling of Constitutional Courtand to request their participation in the technical tables.
However, according to Báez, “our recommendations were not taken into account and essential elements to protect members were omitted.”
Retroactivity
The defense body requested that the favorable retroactivityin accordance with article 13 of the Law 107-13.
This, in order to compensate members previously affected by the restrictions voided and ensure that no reform of the system implies regressivitynor use worker funds to cover benefits that correspond to the insuranceas established by Law 87-01.
The institution reaffirmed its commitment to exhaust the necessary mechanisms to ensure a system “transparent, legal and humane”.
