Resumo

MARIN OSORIO, Katherin. Retroactive health deductions on pensioners: beyond its legality. rev.ces derecho [online]. 2019, vol.10, n.1, pp.319-346. ISSN 2145-7719.  https://doi.org/10.21615/cesder.10.1.2.

Health discounts as retroactive deductions are those made by pension managers to old-age pensioners from their allowance since the date that their right to receive the economic benefit was caused, that is since it is acquired the legal status. The foregoing is based on the principles of solidarity and financial sustainability, irrespective of whether the pensioner or his beneficiaries have or have not enjoyed the health services in a real and timely manner for reasons attributable to pension funds. This can happen either by Negligence; by unfavourable and erroneous interpretation of the norm which ends up ignoring the pension law; by misinformation that makes it wrong to the affiliate under the argument of being able to improve their pension rights; or because of a normative or jurisprudential change. Either way, the situation represents an economic problem for old age pensioners in Colombia.

Nowadays, in the legal system, there is no objective differentiation of the standard that allows an exceptional exemption of a pensioner from the retroactive contribution in health, or to establish a shared solidarity between them and pension funds in special circumstances such as those described above, and even more so when it comes to late recognition attributable to paying entities.

Palavras-chave : Retroactive discounts on health; unconstitutionality; pensioners by old age; solidarity; financial sustainability..

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