Recognition Bonus: Attorney General’s Office will assume defense of the MEF before the Constitutional Court

Recognition Bonus: Attorney General’s Office will assume defense of the MEF before the Constitutional Court

He Ministry of Economy and Finance (MEF) ordered that the Public Prosecutor’s Office Specialized in Constitutional Matters represent the Executive in the unconstitutionality process against Law No. 31729, Law that updates the Recognition Bonus for contributors and former contributors to the Pension Normalization Office – ONP.

Through Official Letter No. 001171-2023-DP/SCM, dated September 7, 2023, the Secretariat of the Council of Ministers of the Presidential Office sent to the MEF the certification of the agreement adopted in the session of the Council of Ministers held on September 4. September 2023, in which authorization was granted to file a claim of unconstitutionality against the aforementioned law.

Through ministerial resolution No. 324-2023-EF/10, the MEF reiterates its position that the legal device violates articles 77, 78, 79, 118, paragraphs 3 and 17, and the First Final and Transitory Provision of the Political Constitution of Peru.

“Once the approval was granted, the President of the Republic designated the Minister of Economy and Finance to present the claim of unconstitutionality and represent her in the process, in accordance with the provisions of Article 48 of the Regulations of Legislative Decree 1326,” reports the resolution.

In April 2023, Congress approved at its insistence the law that updates the Recognition Bonus for ONP contributors and former contributors who transferred to the Private Pension System (SPP) between 2002 and 2021.

This update is added to the current recognition bonuses in force for ONP contributors who migrated to the private system, under the recognition bonus law of 1992, 1996 and 2001. Around 3.1 million users would benefit from the application of this new standard.

Source: Larepublica

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