Pensions obtained with false information cannot be suspended, says the TC

Until last February 8, if the Pension Normalization Office (ONP) detected false information as support for delivering a pension, it could suspend this delivery. However, a controversial ruling – which contravenes previous rulings of this same instance – opens the doors for anyone who justified a pension with apocryphal documentation to continue receiving it.

The sentence handed down in File (STC) 2903-2023-PA/TC issued by the Constitutional Court (TC) on February 9, 2024, indicates that a law is needed to enable the ONP to declare the suspension, therefore, the ONP is prevented from suspending pensions, even if they have been obtained illegally. However, the entity stated that will immediately comply with the ruling of the TC.

The ONP explained that when it grants pensions, it does so based on documents presented by the affiliates to justify that they did contribute to the National Pension System (SNP) during their working life. These documents are assumed to be true by the ONP, in application of the principle of truthfulness established by the General Administrative Procedure Law, Law No. 27444, which They serve as a basis for granting the requested pension.

Subsequently, the ONP is obliged to supervise said documents. “Sometimes you find that they are false and that, therefore, the pension has been obtained fraudulently. Giving pensions to those who do not belong puts the financial sustainability of the SNP at risk -and the viability of pension payments to those who do receive their pension-, in addition to affecting the intangibility of social security funds.”

Likewise, the ONP explained that this concern is shared by the ONP and the Constitutional Court, which has expressly stated this in various rulings (including STC 5985-2008-PA/TC).

“The sentence issued yesterday (Friday, February 9), as a binding precedent (STC 2903-2023-PA/TC) makes an adjustment to the sentences issued previously. Change your criteria. Although in the past it considered that the suspension was a natural consequence of discovering a documentary falsification, it now considers that it is necessary for there to be a law that enables the ONP to declare the suspension,” the ONP questioned.

In this regard, Jorge Guillén, associate professor of ESANwarned that This ruling would dent not only the sustainability of the ONP, but also public finances in general.

He explained that the ruling would open the door for many people to engage in this behavior (presenting apocryphal information), in order to obtain a State pension.

“It is a measure that seems to try to protect (the member), but that goes against public finances. Sometimes the affiliate may have moments in which he did not contribute or that the company registered him incorrectly, but another thing is a person who, without any proof, seeks a pension“said Guillén.