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This afternoon the deputies of the Constitution Commission approved the idea of legislating the two projects that are in the instance for a third withdrawal of 10% of the AFPs.
The initiatives were approved by ten votes in favor and three against. In any case, the government made a reservation of constitutionality.
The deputies Jorge Alessandri (UDI), Luciano Cruz-Coke (Evópoli), and Gonzalo Fuenzalida (RN) voted against. But among the favorable votes there were also some from the UDI and RN.
Thus, Juan Antonio Coloma (UDI), Eduardo Durán (RN), Camilo Morán (RN), Diego Ibáñez (CS), Pamela Jiles (PH), René Saffirio (Ind), Leonardo Soto (PS), Camila demonstrated in favor. Vallejo (PC), Matías Walker (DC); and the president of the instance, Marcos Ilabaca (PS).
The two bills that were approved have the main difference that one of them is a permanent reform to the Constitution, and the other is a transitory provision.
The Minister of Labor, María José Zaldívar, before the session criticized the difficulty of pronouncing on these motions, since they were five initiatives that were consolidated into two different projects, but “they continue in three or two columns with all the differences that each has. one of them, many of which are absolutely contradictory one text with the other ”.
Therefore, he added that “it is still very difficult to be able to pronounce properly with respect to any of the texts, not being clear about the deadlines, who are the beneficiaries, the scope, and not being clear about what is going to be done. legislate”.
The Minister of the Segpres, Juan José Ossa, was the one who made the constitutionality reservation regarding both projects. Ossa said that “they violate the Fundamental Charter in a serious and precise way, and for various reasons.”
Among other things, it argued that it is about incorporating a transitory provision that does not respect the procedure, the forms and the required quorums. In that sense, he recalled the ruling of the Constitutional Court.
More about Withdrawal of funds
Ossa spoke of a second offense related to the right to social security, and said that it is unconstitutional because it incorporates a new rule, “consisting of the extension of the destination of the mandatory contribution, which damages the social security system without providing alternatives or solutions ”.
A third offense is that “the exclusive presidential legislative initiative is being taken” in this matter, added the minister. He also spoke that the project affects tax issues and the state budget, issues that would also be infractions, he said.
Regarding the motions that modify the permanent articles of the Constitution, he also added that “it is irrelevant that by means of, now, a permanent provision, it is intended to avoid the path that was previously intended by the transitory provisions. And for one reason, or two if you like: what is being done by establishing a permanent provision is actually a transitory provision, because what is being sought is a one-time withdrawal, which is transitory. And that means remembering a principle of law: things are what they are, and not what they are said to be ”.
On this he added that “just as permanent provisions cannot be transitory, transitory ones cannot be permanent. What defines each one? The effect they produce. If they produce permanent effects, they are permanent, but if they produce transitory effects, they are transitory ”.
Then, at a press point, Minister Ossa said that “we have asked that they be recorded in order to obviously carry out the actions that the Constitution, and with due respect, of course, for the institutions, that the Constitution delivers to the Executive Power. and, in particular, the President of the Republic ”.
RN’s presidential candidate, Mario Desbordes, this Thursday also referred to the project for a third withdrawal of 10%. And through his Twitter account, among other things, he stated: “I ask the government, given the difficult economic scenario, to lead the project for the third withdrawal of 10%. I also ask you not to resort to the TC to block it ”.
Likewise, he asked the government “to legislate alternatives to recover the funds withdrawn, such as, for example, voluntarily contributing 11% during a certain period. Or reinforce the incentive proposal to postpone retirement, reinforcing the amount that the State contributes each year over the age ”.
In parallel, he also asked “that the proposal of the president of the AFP Association be accepted, and that people close to retirement who have low savings amounts, which lead them to their own pensions of $ 10 or $ 20 thousand and therefore to a Basic Solidarity Pension, all those savings are returned to them ”.
