The Supreme Court of Justice of the Nation (SCJN) from Mexico made this Monday some modifications to the Law of Pensions of the Public Servants of the state of Colima regarding the survivor's pension of the relatives of the person involved and the cases in which they may receive it.
The Plenum of the highest Court in the country, which held its session by remote means, invalidated a portion of the regulation. This is the last part of article 92, numeral 1, fraction III of the mentioned Law, to allow the parents of a public servant to receive the pension which corresponds to them in the mentioned cases even if they have their own pension.
The Law, until now, indicated that:In the absence of a spouse, children, a concubine or a concubine, the pension will be delivered to the mother or father, jointly or separately, in the event that they have been economically dependent of the affiliate or pensioner and do not have a pension of their own derived from any social security system ”.
However, the Court rejected the last part, so that the parents may receive said pension in the event of the death of the public servant regardless of whether they receive their own economic compensation from the state. "This is because it constitutes an unjustified restriction on the right to social security, a conclusion reached in light of a proportionality test."Indicated the SCJN.
During the same remote videoconference of the 11 magistrates, the validity of another fragment of the same section was also recognized aforementioned. This in relation to the need for the ancestors, or parents, they must be financial dependents of the public servant at the time of his death.
"However, the article was interpreted in the sense that it does not require total dependence”, They pointed out. It is precisely because they do not need to fully depend on the public servant at the time of his death that allows them to receive their own pension.
The Colima Public Servants Pension Law details, in the same article 92, that lThe pension due to the death of a pensioner or affiliate has an explicit order. First, it will go to the surviving spouse, alone or in concurrence with the children of the affiliate or pensioner when there are any.
In the event that a spouse is needed, the concubine or concubinary will follow, alone or in concurrence with the children of the affiliate or pensioner or these alone in the absence of a concubine or a concubine. Thirdly, the pension will be delivered to the mother or father, jointly or separately.
"The Divorced persons will not be entitled to the pension of their spouse, unless at the death of the deceased, the latter was ministering alimony by judicial sentence and as long as there are no widow or widower, children, concubine or concubine, and ascendants with the right to it ”, the Law specifies.
"When divorced persons enjoy the pension under the terms of this article, they will lose said right if they contract new nuptials or if they lived in concubinage”, Complete the article.
The Court studied and decided the case after which The National Human Rights Commission (CNDH) will present an unconstitutional action against the aforementioned Law, published in the Official Newspaper of the federal entity on September 28, 2018, through Decree 616.
This position of the SCJN could set an important precedent for a future federal decision on this type of financial compensation for public officials who died while serving.
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