He constitutional Court (TC) issued a ruling in favor of Isabel Castillo Marzal, 83 years old, and ordered the Pension Normalization Office (ONP) grant you a special proportional retirement pension. This decision not only represents a personal triumph for the plaintiff, but also establishes as a binding precedent the rules for crediting contribution periods in the protection process.
Isabel, who had previously had her pension application denied due to the lack of recognition of her full years of contributions by the ONP, saw how the Constitutional Court rectified this error. The resolution underlined the importance of properly assessing the documents and work certificates presented by applicants.
What is the lawsuit that Isabel Castillo presented before the TC about?
The case of Isabel Castillo Marzal reached constitutional Court after refusals by the ONP to recognize their contributions. When filing your claim for protection, Isabel argued that the agency had unfairly rejected the work certificates issued by her former employers.which resulted in the non-recognition of all his years of contributions to the National Pension System (SNP).
In response, the TC recognized the validity of these documents and thus guaranteed a pension for the plaintiff.
Why did the ONP not want to recognize the plaintiff’s contributions?
The plaintiff alleged that the ONP, arbitrarily and illegally, did not recognize the years of contributions she made to the National Pension System, despite having presented valid evidence from her previous employers. He explained that they refused to properly evaluate the documents he submitted, thus violating his constitutional right to receive a pension..
For its part, the Constitutional Court clarified that the documents presented clearly demonstrated that the plaintiff worked for the employer Pedro José Acha; Compañía Magusa, Mueblería Unión Zacarías Nicho, Comercial Zanicha SCRL, Representaciones Electro Hogar SA, Cía de Cobranzas Huacho SCRL, Comercial Alberto de Aldo Jonni Nicho Manrique and Rapid Credit SCRL-Huacho.
Therefore, the court determined that the contributions of 8 years, 10 months and 17 days of contributions to the SNP must be recognized, which will be added to the 9 years and 3 months of contributions already recognized by the administration.
How many years of contributions did the TC recognize?
The TC, after carrying out a detailed review of all the documents provided by Isabel, concluded that she had effectively completed a total of 18 years, 1 month and 17 days of contributions to the ONP.
This sum of years included periods previously not recognized by the ONP, but which the Court determined to be valid. Furthermore, the plaintiff is currently over 65 years old, therefore, she meets the requirements to access a special proportional retirement pension in the National Pension System.
Source: Larepublica
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