Alexis Bethancourt, Minister of Security (Minseg), signed Decree 302 which seeks to create a new form of special retirement plan for the Security Forces for their own profit.
The decree establishes that it is a form of early retirement for Commissioners leaving offices as Ministers, Deputy Ministers, Directors, Assistant Directors and Secretaries General of institutions of the Executive branch.
The decree not only grants the retirement as benefit even earlier than what by law mandates for the Security Forces bodies, but also are they allowed to leave office with a retirement amount of 7 thousand dollars monthly.
The early and costly retirement to the coffers of the State could be in excess of 8.4 million dollars and that only benefit a group of ten police officials that currently occupy these posts of control and jurisdiction in the Central Government.
The Decree indicates that a paragraph to article 364 of decree 172 is added referring to the reasons to retire from the Security Forces.
One of these reasons is to have accumulated 30 years of service, but the decree also makes reference to the conditions to retire as early as 30 years of service.
However, the decree indicates that in the event that a police officer should retire prior to having worked for 30 years before retirement they shall not receive a 100% of their last salary.
A situation which is contrary to the conditions which were incorporated into the new decree, signed by President Varela and Minister Bethancourt, indicating that police officers who occupy positions of hierarchy in the Government shall retire with the 100% of their last salary upon leaving office.
For lawyer Ernesto Cedeño this Decree contains illegal overtones, because it exceeds what law 93 of 2013 establishes on the limitations of special retirement for the uniformed men of the Security Forces.
The reason of his arguments is that law 93 establishes that this benefit that the officers who retire with 100% of their last salary have is for a period of ten years, taking into account that at that point the required age has been reached to enter the retirement plan of the Caja de Seguro Social system.
If you look at the fact that a police officer enters the ranks of the institution at age 22 with the rank of second lieutenant, after four years of study, at the end of 30 years of police career path they may retire at the age of 52.
This means that this officer, after the ten years as established in law 93, must be at the right age to enter the system of retirement of the CSS.
The question that is made is that after completing this ten years, in the case of officers who hold positions of hierarchy and leave the post before completing this career path could receive this prerogative during a longer period as set out in law 93.
Despite the fact that every day there are more voices demanding the President to repeal Decree 302, government officials such as Minister of Social Development, Alcibiades Vásquez, said that he respects the decision of the President, on the grounds that the police job is an exhausting and dangerous work.
He said that before one criticizes the decision of President Varela "one has to look at the complexity of the work of those who are at the forefront of the country's security," stressed Minister Vásquez.
Decree to be demanded to be declared as unconstitutional
While in interview at RPC Radio, the general Secretary of the National Federation of Public Servants, Alfredo Berrocal, said that the President should repeal this Decree because it would be sacrificing more to taxpayers who will ultimately have to pay for these expensive salaries.
For this reason, Berrocal said that in the coming days they will file a claim of unconstitutionality against this Decree, arguing that it promotes personal privileges and distinctions.
University Professor Miguel Antonio Bernal also shares the position of declaring the Decree of President Varela.
Bernal says that this decision by President Varela seems to be a way of keeping a privileged caste that would shield him and keep him in power.
Berrocal holds the same analysis noting that with these special retirements, the President ensures the support of these officials, amid his unpopular policies.
Unjustifiable
The member of the opposing Cambio Democrático (CD), Marylin Vallarino, considers that this Decree creates "personal privileges and distinctions” in a country where most of the population are retiring with "very low" salaries.
"There are people who have many years of work in the State and whose wages do not reach 500 dollars a month", said Deputy Vallarino, pointing out that these people in the end will receive a retirement pension lower than their current salary.
For his part, political analyst José Blandón also considered that this measure "demonstrates that there is a political line underlying in the background".
At NEXtv, Blandon said that if this Decree materializes these rigged retirements for the military men, "other sectors will say: why them and not us?”
