Retiro de Fondos AFP

Comisión de Constitución de Senado aprueba retener 10% de la AFP para pensiones de alimentos

11 Agosto 2020  07:35

De manera unánime, la Comisión de Constitución, Legislación, Justicia y Reglamento del Senado aprobó la idea de legislar del proyecto de ley que busca asegurar el pago de pensiones de alimentos con los recursos provenientes del retiro del 10% de los fondos previsionales.

Como la iniciativa tiene urgencia de discusión inmediata, la comisión está autorizada para estudiarla en general y en particular, razón por la cual este miércoles se dedicará a analizar el articulado e introducirle modificaciones para que quede en condiciones de ir a la sala de la Cámara Alta.

El proyecto cumple su segundo trámite constitucional y modifica la ley que crea los Tribunales de Familia, para incorporar disposiciones transitorias de regulación de medidas de retención judicial de fondos previsionales y de suspensión de la tramitación de la solicitud de retiro de fondos en razón de deudas por obligaciones alimentarias.

En paralelo, la Comisión de Constitución también tiene para su estudio dos proyectos de reforma constitucionales -refundidos- que buscan asegurar el pago de las pensiones de alimentos.

Uno presentado por las senadoras Isabel Allende, Carmen Gloria Aravena, Adriana Muñoz, Ximena Órdenes y Yasna Provoste que permite al alimentario solicitar el retiro de los fondos de capitalización individual del alimentante. Y otro de los senadores Ximena Rincón, Pedro Araya, Francisco Chahuán, Francisco Huenchumilla y David Sandoval que permite el pago de las pensiones de alimentos mediante la subrogación en el retiro de fondos previsionales.

Durante el estudio de la iniciativa estuvieron presentes el ministro de Justicia y Derechos Humanos, Hernán Larraín, la ministra de la Corte Suprema, Gloria Ana Chevesich, y la magistrada Mónica Jeldres.

En la oportunidad, la ministra Chevesich informó que se han notificado a las Administradoras de Fondos de Pensiones más de 247 mil retenciones del 10% a deudores de pensiones alimenticias, por lo que las AFP saben que no pueden disponer de esos recursos hasta que el tribunal notifique el monto definitivo y depositarla en la cuenta de los alimentarios.

El ministro Larraín, en tanto, explicó los alcances del proyecto y solicitó la urgencia en su aprobación señalando que «queremos evitar que el retiro rápido que está ocurriendo pueda burlar que la retención opere de manera eficaz».


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