translated from Spanish: Supreme informs superintendent of 10% retention issues

Supreme Court Minister Gloria Ana Chevesich led a meeting with Pension Superintendent Osvaldo Macías, in which she raised a number of doubts the judiciary has about the role of THE AFPs in the process of withholding 10% of pension pension pension contributions. Minister and coordinator Gloria Ana Chevesich explained at the meeting – in which she was also the board of directors of the Administrative Corporation of the Judiciary and the technical team of the Superintendency of Pensions – that the judiciary has identified three major problems in this regard.” The first problem that arose is that, however, the judiciary reported that it had sent 303. 807 decisions taken in cases where food pensions are collected, however, the superintendent of Pensions in a communiqué reported only 160 thousand of those decisions, but at that meeting the superintendent corrected that figure, noting that it currently covered 292,810 decisions given by the Family Courts in which that precautionary measure was held for the withholding of 10% of the funds. So, already there a difference has been overcome and yet the superintendent explained that it is information that must be updated,” she said. In addition, the judicial authority realized the need and importance of AFP officially reporting to the courts the withholdings made.” It was also noted that the AFPs are not complying with a portion of that ruling in each of these cases which says that it must report whether it actually received the resolution and that it practiced the retention. Therefore, the Pension Superintendent and his tax prosecutor were asked to ensure compliance with that decision in respect of which they assumed and will ask pension fund managers, i.e. to comply and communicate properly in each case whether they did actually carry out the withholding and consequently whether the member, alleged alimony debtor, asked for the respective withdrawal of his 10%,” he said. Finally, Minister Chevesich explained the complications of two AFPs that have withheld funds without court rulings.” One thing that has quite complicated to us is that of two pension fund managers, Habitat and Capital, who are informing the affiliates who are asking for the withdrawal of their funds, that they cannot generate these payments because the judiciary would have practiced a kind of judicial withholding without prior resolution,” he explained. Therefore, they find themselves in the disjunction of claiming somewhere and have resorted to the judiciary and cannot solve the problem, since those registered members do not have debts for food pension concepts. The superintendent was then asked to take the appropriate steps to clarify the situation – both in Capital and Habitat – and to solve this problem which is affecting a certain number of members who have been withheld the possibility of withdrawing 10% or have been ordered to pay in installments,” he said. That is really negatively impacting the courts, because they have been forced to solve these problems that are not really possible, because those people who resort to the courts have no causes,” he added. The authority appreciated the reception of Superintendent Macías and reported that technical work will continue tomorrow Wednesday to advance a concrete solution.” We have seen a very good attitude on the part of the Pension Superintendent and the prosecutor to try to solve all the problems related to this massive 10% retention process quickly. Tomorrow, there is a technical meeting with the aim, precisely, of clarifying these doubts to give answers to all users – both internal and external – because we are really all very urged to solve the problems early,” he said.

Original source in Spanish