The Plenary Session of the Chamber of Deputies approved in general and particular the modifications to the Constitution to limit the so-called “golden pensions” of retirees of decentralized organizations such as the Federal Electricity Commission (CFE), Petróleos Mexicanos (Pemex) and Nafin.
By qualified majority of 363 in favor, 64 against and 25 abstentionsthe deputies endorsed reforms to sections II and III of article 127 of the Political Constitution of the United Mexican States, regarding limits on retirements and pensions of trusted personnel in charge of decentralized organizations. The document was sent to the state Congresses for analysis and voting.
During the discussion of this opinion, CFE retireesPemex, among others, protested on the outskirts of San Lázaro and even tried to enter the legislative precinct with “bangs on the ground”, as they claimed that this reform is retroactive, abusive and violates their rights as former workers.
This project, derived from an initiative by President Claudia Sheinbaum, states that “no public servant” should have a retirement or pension greater than half of the remuneration established for the head of the Federal Executive in the corresponding budget, which translates into approximately 67,000 pesos.
Excluded from this reform are the Armed Forces, retirements or pensions that are constituted from voluntary contributions to retirement savings systems based on individual accounts, retirements or pensions constituted from union contributions in complementary savings systems.
Likewise, the transitional articles indicate that as of the entry into force of this decree, all retirements or pensions that are not excluded, and that have been granted prior to the entry into force of this decree, must adjust to the limit established in this reform, including those that are in force, which can be translated as retroactivity.
While the retirement benefits granted in accordance with the constitutional framework in force prior to the entry into force of this decree will be preserved in the terms in which they were recognized, for example, in the cases of retired ministers.
When opening the discussion of this initiative, representative Haidyd Arreola López (Morena), defended the reform by pointing out that it seeks to correct the inequality and injustice of pensions, since there is a contrast between “golden pensions” with “peso pensions”, with retirees receiving a monthly pension of 4,511 pesos against cases such as those of Carlos Arturo Sánchez Magaña, a former Pemex official who receives a pension for the amount of 1,100,361.34 pesos per month.
“The technical analysis of this commission is based on a clear diagnosis, the pension system in Mexico represents deep inequalities, both in access and in the amounts received,” he said.
While representative Margarita Zavala Gómez del Campo (PAN) maintained that, although her party is against the so-called “golden pensions”, and the abuses that do not even remotely reflect what they have worked, “it is also true that thousands and thousands of pensioners who did work and served the Mexican State retired with the legal and human certainty that they would be respected.”
And the fact is that the former first lady during the government of Felipe Calderónwarned that with this reform “a reprehensible and perverse point” is about to be approved, which violates the human right to non-retroactivity to the detriment of any person.
“It contemplates thousands and thousands of families who did not have exorbitant pensions and who, without any reason, were placed in the same box… the principle of retroactivity of the law is violated… the initiative expressly excludes other public servants. Well yes, like Arturo Zaldívar (retired minister), who perhaps made the initiative and who receives or at least asked for a golden pension,” he launched.
In the same sense, deputy César Alejandro Domínguez (PRI) accused that this reform is a deliberate attempt to violate acquired rights that breaks the constitutional order and sets a dangerous precedent for the future of the country.
“Morena intends to approve an initiative that can be regressive and that can violate acquired rights… And the most serious thing about this document is that they are opening the door to begin with the retroactivity of the law. If we allow the State to modify already acquired rights, then we are accepting that no right in Mexico is guaranteed. It can be modified at any time,” he said.
For her part, deputy Lilia Aguilar Gil (PT) recognized that this reform has disturbing changes, which is why she called for “retroactivity for people who had their pension legally, as it is known in colloquial terms, that is, who completed their years of service and who formally began a pension process, to be able to maintain it.”
