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On Thursday morning, parliamentarians from the Party for Democracy (PPD) and the Christian Democrats (DC) presented a new project for the third withdrawal of funds from AFP in the midst of the health crisis.
But the move brings a trick: instead of being a transitory article, the legislators opted for a permanent reform to the Constitution, unlike the visa by the Bureau of the Chamber on Tuesday.
The above in response to what happened in the second withdrawal of the deputies, when the tool was finally declared unconstitutional.
With this innovation, congressmen hope avoid a trip from the project to the Constitutional Court (TC) and also as a way to win the cock to La Moneda, because the Government has already announced that it will go to court in the event that measures of this nature advance again.
This third retreat project It also seeks to benefit those retirees who have opted for life annuities, something similar to the second project of third retirement promoted by the regionalist bench prior to the legislative recess.
If the idea is admitted for processing, the text would be taken to the House Constitution Committee. However, there will face another obstacle: its president, Matías Walker (DC).
The deputy will soon leave office and in that line he has affirmed that for the remainder of his mandate will not put in table projects like this, also because there is already a ruling of the TC on the matter.
Your posture has caused annoyance in opposition deputies, who have criticized Walker. Even his co-religionist Gabriel Silber joined the locations.
In conversation with Radio Bío Bío in Congress, the head of the DC bank, Congressman Daniel Verdessi, indicated that he will talk with Walker so that en bloc this third withdrawal is supported.
What does the proposal say?
Specifically, the single article document aims to modify numeral 18 of article 19 of the Political Constitution of the Republic of Chile.
“Notwithstanding the foregoing, any person affiliated to an individually funded pension system, whose financing comes from mandatory contributions, You will have the right to make, one time and voluntarily, (a) a withdrawal for up to ten percent of the funds accumulated in your individual capitalization account. This withdrawal will proceed in accordance with the provisions of the thirty-ninth provision, with the exception of its fourth paragraph, ”they established.
“In the same way, the right to withdrawal established in the previous paragraph will proceed for members of the private pension system who have opted for some type of annuity. For this purpose, the withdrawal will be considered as an advance payment of their income, which must be returned pro rata of the total amount of pension payable to the insured calculated based on the mortality table prepared in accordance with current law ” they added.
“Finally, the withdrawal referred to in the preceding paragraphs will remain subject to withholding, suspension and attachment for debts originated in maintenance obligationsTherefore, the provisions established in the law for these purposes will be fully applicable. People whose income is regulated in accordance with the provisions of article thirty-eight bis will be prevented from requesting the withdrawal referred to in this provision ”, they closed.
In the same letter, the parliamentarians assured that the two withdrawals made previously helped the government by Sebastián Piñera “to overcome the social economic crisis with certain degrees of stability, since people have been able to count on and have their resources available in times of extreme need”.
Therefore, due to the blows derived from the covid-19 pandemic, legislators believe that “in the face of the inaction of the current government we must seek quick and effective solutions from Parliament so that citizens have tools that allow them to continue dodging the economic crisis that is hitting the country ”.
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