Until February 8, if the ONP detected false information as support for delivering a pension, it could suspend this delivery. However, a controversial ruling—which contravenes previous rulings from this same court—opens the doors for anyone who justified a pension with apocryphal documentation to continue receiving it.
The ruling issued by the Constitutional Court (TC), on February 9, 2024, indicates that a law is needed that enables 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 it 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 members to justify that they did contribute to the National Pension System (SNP). 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 serve as the basis for granting the requested pension.
Jorge Guillén, associate professor at ESAN, warned 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 member may have moments in which he did not contribute or that the company registered him incorrectly, but it is another thing for a person without any proof to seek a pension,” said the expert.
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