Fonavi: after two years of publishing the law, not a single sol has yet been returned

It has been more than two years since it was approved Law 31173which guarantees compliance with the money back law of the National Housing Fund (Fonavi) to the workers who contributed to it. However, to date, no payment has yet been made beyond the advance of S/10, of the 19 lists. Here we present a chronology of the advances and setbacks regarding this debt that the State maintains with close to 2 million Fonavistas, who are mostly older adults.

The reasons behind

In recent years there have been hopeful advances and distressing setbacks to the detriment of the fonavistas. In April 2021, in the midst of the pandemic, the Law 31173which ordered the effective and immediate return of contributions, prioritizing the vulnerable population as a result of COVID-19.

However, the Executive observed some points, which prevented the execution of the norm and even a month later, in May 2021, the Government filed a lawsuit before the Constitutional Court (TC) against this law.

A year later, in April 2022, Congress corrected the observations and approved the Law 31454 to guarantee payments, but there were more obstacles. The installation of the Ad Hoc Commission in charge of executing the return of contributions, and made up of representatives of the Ministry of Economy and Finance (MEF), the Social Security Standardization Office (ONP) and the National Federation of Fonavistas and Pensioners Association of the Peru (Fenaf-Peru).

The MEF claimed that could not be credited to the representatives of the fonavistas since there was an error in the name of the association. In response to this observation, the corrections were made before the National Superintendency of Public Records (Sunarp), and in parallel, from Congress, they published Law 31604 to modify this point and give the green light to the payment process.

Hard blow for retirees

Once the Ad Hoc Commissionin October 2022, the then Minister of Economy, Kurt Burneo, stated that the return will not begin until the TC ruling on Law 31173 is issued.

In March of this 2023, the collegiate resolved the request and ordered that only the contributions made by the workers be returned, but not by the employers, a severe blow that reduced the State debt from S/42,000 million to only S/6,000 million , less than 90%.

For their part, the members representing the Executive In the commission they argued that the law did not allow the issuance of certificates of recognition of contributions and rights (Cerad) partial, but for the total amount, which hindered the start of payments.

To correct this point, on June 21 of this year, the Plenary of Congress approved the autograph of bill 4702 that authorizes the return of partial payments, which does not prevent later crediting of larger amounts. Now, the Government has until August 1 to observe or publish it. If the norm is enacted, the return of more than S/2,000 million that the commission currently has could begin.

Ad Hoc Commission will meet this week

With the appointment of the new member of the Ad Hoc Commission, edward marinosrepresentative of the ONP, defined the agenda for this week.

On Tuesday, July 11, in an extraordinary session, the case of the EPS Graua municipal company that maintains a large debt with Fonavi and that has been failing to meet its debt payment schedule.

While in the ordinary session on Thursday the 13th, the case of the 328,000 Fonavistas excluded from Law 29625 by Law 30114 for alleged benefits granted with resources from the fonaviaccording to Fenaf-Peru.

Data

Debt. about 800,000 They have not received any amount to date.

Cash. The Commission has more than S/2,000 million, an amount to which will be added the S/50 million approved by the Government.