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The Supreme Court rejected a protection appeal filed by a pensioner of the Armed Forces (FFAA), who sought to withdraw his individual capitalization funds from AFP Habitat, which he collected after having obtained a job after his retirement.
In the judgment, the Third Chamber of the highest court revoked a contested judgment, issued by the Valdivia Court of Appeals, which had accepted the constitutional action, after establishing that the protection appeal “is not the ideal way” to request the return of pension savings.
The ruling, as in other similar cases, also argued that “these resources are intended to finance the future pension that the person will receive in the retirement stage, an issue that is not justified in the species, in view of the fact that he already receives a pension that more than meets social security objectives (…) ”.
The ex-uniform, according to the ruling published by the Judicial Power, currently receives from Capredena “a retirement pension amounting to the approximate sum of $ 700,000 per month”, granted on February 3, 1997, according to a resolution issued by the Ministry of Defense, corresponding to the functions performed by him within the Navy From Chile.
Previously, in 1996, he started a new employment relationship for which his employer listed him in AFP Hábitat “up to the present date.”
However, the Third Chamber of the highest tribune stressed that according to a series of facts presented, “the present appeal for protection is not in a position to succeed, without prejudice to other actions that may correspond to the appellants ”.
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