The Comptroller General of the Republic was requested for the person receiving an allowance for orphans in the regime of the Directorate of Assistance of the Carabineros (DIPRECA) as the daughter of a former official of the then Chilean Investigative Service (current PDI), that he obtain the Universal Guaranteed Pension (PGU).
Both the Social Security Institute and the DIPRECA claimed that the appellant is not entitled to receive the PGU, as the Law 21.419 which established it excluded pensioners or pensioners of the DIPRECA or the Social Security Fund from accessing this benefit National (CAPREDENA).
Before pronouncing, the Guarantor clarifies that the aforementioned body has eliminated, among other things, the basic solidarity old-age pension from the social security system governed by Law 20.255, which has been replaced by the PGU.
He explains that the PGU consists of a “non-contributory benefit, which will be paid monthly up to an amount of $185,000 to persons who, whether or not affected by a pension scheme, meet the requirements of Article 10 of Law 21.419, i.e. have reached the age of 65, do not integrate a household belonging to the richest 10% of the population aged 65 and over in Chile, demonstrate residence in the national territory for the indicated period and have a lower basic pension than the amount indicated.
The Guarantor then notes that article 33 of law 20.255, in its original text, consecrated that “the provisions of the solidarity regime do not apply to pensioners or pensioners of the CAPREDENA or DIPRECA regimes, even when they are also registered with or affected from another social security regime”, and that article 1, no. 15, of law 21.419 modified this provision, replacing the term “solidarity system” with “solidarity system, nor of the Guaranteed Universal Pension”.
Due to this regulatory change, the Guarantor concludes that “(…) the law 21.419 extended to the PGU concession the prohibition that the pensioners or retirees of CAPREDENA or DIPRECA originally had to access the solidarity system governed by the law 20.255. For this reason, the holders of any pensions granted in the aforementioned forms of institutional welfare cannot access this last benefit.
Attentive then to the condition of beneficiary of the montepío granted by DIPRECA, the Guarantor declares that “(…) it is not appropriate to grant the appellant the PGU, since she is legally prevented from accessing this benefit, in order to have the status of a pensioner in the pension scheme institutional”.
See the opinion of the controller n. E290139N22.
