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The Talca Court of Appeals reported this Tuesday that it ruled in favor of Mauricio Brunetti, 61-year-old public official who requested the total withdrawal of his pension funds, due to an irreversible disease.
The AFP Modelo affiliate entered the system in 1986 and has accumulated 168,935,013 pesos in its individual capitalization account, those that, according to the divided ruling of the Second Chamber of the Appeal Court, must be delivered in their entirety.
“He alleges the existence of urgent and onerous medical treatments that he must endure due to being suffering from an irreversible disease and having little chance of surviving that health condition, making their right to obtain some type of social security benefit unfeasible, “says the ruling.
The affiliate suffers a grade 4 (IV) brain cancer.
The document adds that “the need to analyze those circumstances of gravity and urgency appear duly satisfied in this caseBecause of the need for medical treatments that appear essential given the seriousness of the medical diagnosis, generally high cost, not satisfied by the state entity “.
“In this way, the judges apply the legal system in its integrity and harmony with the different norms that constitute it., respecting the hierarchical structure that is recognized in the various legal bodies that comprise it, “he adds.
The reading concludes that “in this case, the property right over the monies that make up and compose the appellant’s pension funds, whose domain, as already stated, is not disputed by AFP Modelo, moreover, it expressly recognizes it. “
The total restitution of the appellant’s money in his pension funds It must be done within a maximum period of 30 days.
