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The Talca Court of Appeals accepted an appeal for protection and ordered the AFP Modelo SA restore to a member with terminal illness the total of the funds accumulated in their individual capitalization account.
In a divided ruling, the Second Chamber of the appeal court accepted the precautionary action after establishing an “arbitrary act of the AFP by denying the full transfer of the accumulated funds ”by the affiliate.
The latter, according to the ruling, verified before the Court “the existence of urgent and onerous medical treatments that he must endure due to an irreversible disease ”.
“(…) Would have slim chance of survival to that condition of their health, making their right to obtain some type of social security benefit unfeasible (…) ”, reasoned the ruling.
The resolution added that the member has a need for high-cost medical treatments, which are essential given the seriousness of his diagnosis.
For all the above, the AFP Modelo will have to restore “all of the affiliate’s pension funds, within a maximum period of thirty days ”.
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