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While the project for the second withdrawal of funds, approved in general and in particular in the Constitution Commission, advances in the Senate, the Government not only announced its constitutionality reservation against this initiative, but also decided to draw up a new last minute letter and He entered his own project for processing.
The Executive’s project limits the amounts and beneficiaries of the retirement, excluding the highest incomes, and establishes the duty to reimburse individual accounts of individual capitalization, aspects that the right tried to install but that have been rejected during the processing of the initiative for the second withdrawal of funds promoted by opposition deputies in Congress.
The government’s decision came after President Sebastián Piñera himself attacked the project and a long and intense day of negotiations by the finance ministers, Ignacio Briones; of Work, María José Zaldívar; and Segpres, Cristián Monckeberg, who were deployed in Congress seeking a rapprochement with opposition senators and the ruling party.
The option of an own project had been launched by senators from Chile Vamos, and that was ultimately the path taken by the Executive. This was realized at the end of the session, where the Senate Chamber debated the draft of reserved seats for native peoples in the Constitutional Convention.
“We have wanted to do it well, within the current institutional framework. We have done it with the support of our coalition and the support of each one of the parliamentarians, ”said the Minister of the Segpres, justifying the initiative that follows the initiative led by the humanist deputy Pamela Jiles and overwhelmingly approved by 130 votes in favor. in the Lower House.
However, the opposition immediately questioned the “fine print” of the government initiative. “I don’t know with whom the government spoke, I don’t know who it negotiated with, I can’t understand what they have in mind, the project has several peculiarities,” said Senator DC Ximena Rincón.
The details
The Government project excludes from retirement the “people who at the date of request have pension contributions declared in the month immediately prior to the request and whose remuneration is equal to or greater than 100 UF”. Also excluded from the benefit are “persons whose income or remuneration is regulated in accordance with article 38 of the Constitution,” that is, senior public officials.
The text also limits the amount of the withdrawal to 100 UF. It also establishes that it will be paid in two installments – and not in a single installment as established in the opposition project: the first 60 days after the request was made and 10 days after the first payment. It also raises a mandatory refund through an additional contribution to your individual capitalization account.
In the opinion of Minister Zaldívar, the project responds to finding “viability within the institutionality and safeguarding future pensions”, while Briones indicated that this presentation seeks to “definitively cut this form of legislation that can lead to a third or fourth retirement ”. “This project is fairer, limits pension damage and is limited to those who need it most,” he added.
As for the restrictions that were placed on the highest incomes, he indicated that these people “will not be able to withdraw from their mandatory account, but from the APV they will be able to withdraw although they will have to pay the corresponding taxes.”
The project entered the Labor and Finance commissions, while the RN bench chief, Rodrigo Galilea, asked that it be approached in joint commissions of both instances for its processing.
Constitutional reserve
The entry of the new project took place after the Constitution Commission approved the second withdrawal in general and in particular. There were 27 indications, but in this instance the decision of Senator RN Francisco Chahuán to withdraw 19 of the indications presented was key, with a clear call to the Government to “present a project with the respective sponsorship”, which finally happened.
In the particular discussion, the commission rejected the indications that aimed to restrict the benefit or set a tax payment for high incomes, as occurred in the Chamber of Deputies. Regarding the approved indications, the commission dispatched one authored by Senator Carlos Bianchi, which reduces the delivery of funds from 30 to 15 business days, from the presentation of the request before the respective AFP. In addition, it approved another indication from Senators Ximena Rincón (DC) and Isabel Allende (PS), Francisco Huenchumilla and Bianchi that seeks the collection of alimony owed, with the withdrawal that is requested.
However, the Government did not give its arm to twist and through Minister Monckeberg entered a constitutionality reservation, in a new obstacle that this initiative must face.
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