Overview
- The Sala II of the Cámara Federal de la Seguridad Social ruled on Saturday that the mobility formula in law 27.609, used from 2021 to mid‑2024, is unconstitutional and ordered use of law 27.426 to recompute benefits for January 2021 through June 2024.
- Judges Juan Alberto Fantini and Nora Carmen Dorado found the 27.609 formula lacked an inflation anchor and produced a measured loss of purchasing power by comparing a 553.55% mobility rise with a 1,129.07% IPC increase, which they quantified as about a 46.83% real loss.
- The decision reverses a first‑instance denial in the suit brought by pensioner Carmen Galletta and sends the case to a liquidation stage where the new amounts will be calculated and prior payments will be deducted to avoid double counting.
- The court set specific financial rules for liquidation: interest will use the BCRA average passive monthly rate, ANSES’s prescription defense narrows the retroactive window, the agency must pay court costs, and the pension cap in article 9(3) of law 24.463 is void if it causes a cut of 15% or more.
- Although the ruling applies directly only to Galletta’s file, it orders an empalme of the recalculated base with the monthly inflation update under decree 274/2024 and creates a strong legal precedent that could shape thousands of pending pension claims and future liquidations.