former national president Christina Kirchner; Today, he is convicted and imprisoned for corruption. appealed last week’s ruling rejected his request to provisionally reinstate pension payments. For being the widow of a former president.
The appeal presentation consists of one page. The text sets out the decision not to order payment of the requested transfer. “Causes irreparable burden” “It will be proven eventually,” he told the former president.
The appealed resolution was issued on November 5 by Judge Carina Alonso Candice of the Federal Social Security Court No. 1, where the judge rejected it. Request from Christina Kirchner re-collecting with precautionary authorization; Until a year ago, she received a pension as the widow of former President Néstor Kirchner.
The aforementioned court is processing a lawsuit filed by CFK against the Ances resolution, and will be held in late 2024 after his conviction for corruption in the so-called Rose case, in which he is imprisoned. The following two benefits that I was receiving have been cancelled. the aforementioned pension and a lifetime allowance for serving as president;
Both incomes arise and are considered under Act 24,018. privilege Because in order to get it, There is no requirement to meet any age or membership period for the pension scheme.
We have started collecting CFK Get the benefits of both at the same time Even after his presidential term ends, he is still under his control. She was already receiving benefits as Néstor Kirchner’s widow, but was allowed to retire as former president. During the Mauricio Macri government, one of the two benefits was suspended (this decision was legally justified) incompatibility It is stipulated by the above-mentioned law. ) However, in March 2021, while the court case on this issue was pending, then-Ances Secretary-General and camp activist. Fernanda La Belleta has resumed the payment of her suspended benefits. From then until November 2024, the former official received both incomes at the same time.
The Court of Justice has its own reasons for double collection, since at the time CFK not only claimed a replacement for the suspended benefits, but also a retroactive amount adjusted with interest.
Article 5 of Law 24,018 clearly states that: The former president’s collection of benefits is “incompatible with the receipt of federal, state, or local retirement benefits, pensions, severance pay, or gratuity.” Although there is no explicit mention of the lifetime allowance stipulated in Law No. 24,018 itself, the law defines the allowance for the widow of a former president as a “pension.” case cannot be made equal This is a system in which retirement allowances and pensions are collected at the same time within the framework of the general system, and certain contribution requirements and years of contribution are required.
In November 2024, the last month of payment, the total amount of the allocation will be totaled and $35,255,297.73; The net amount, on the other hand, was $21,828,203.92, which is almost 70 times the minimum wage plus the bonus paid that month by Ances’ general system.
The amount includes some $6 million plus for each southern zone; Despite the known fact, the declared address was Santa Cruz; None of the former employees lived there. Regarding the latter, Mr. Anthes filed a criminal complaint last year.
In February from the end of 2024, resolution 1092, Executive Director of Ances Corporation at the time. Mariano de los Heros, I canceled both benefits. The argument was that collecting a lifetime allowance for holding the office of president or vice president of a nation was inconsistent with having committed a crime. “In the performance of the same public role” Payment accepted.
The decision to remove him from office came after the former president was convicted in the second instance by the Federal Court of Criminal Cassation. “The author bears criminal responsibility for the crime of maladministration that caused damage to the administration.” This conviction was later confirmed by the Supreme Court.
Parties’ claims
After a dispute over which court to respond to, Judge Alonso Candis, who presided over the case, last week denied the precautionary measure to reinstate one of the charges in a letter, in which CKF is quoted as saying in its request: “The impossibility of survival” And he argued that the interim measure he was seeking would still not resolve the underlying issue in the case, which is whether benefits were properly terminated.
On the other hand, the Ances were demanding that precautions be rejected (which they did). According to the organization’s announcement, the benefits stipulated in Law No. 24018 are “consolation money paid in the following form.” Compensation for honor, merit, and professional performance”; It has no contributing properties.” “It is not supported by pension contributions made by recipients.”
Regarding the reasons why CFK was found guilty, the Ances Court stated (with reference to Néstor Kirchner) that the fact that the head of pension benefits had not been sentenced “does not constitute a bar for his release not being ordered.” “Recipients of such pensions are expected not to engage in criminal acts that harm the nation-state in the performance of their public roles.” If it is an unusual non-contributory allocation supported by the national treasury. ”
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