According to Khabar Online, the government’s resolution on determining the method of calculating the proportionality of the salaries of some retirees has faced a definite objection from the board of review and adaptation of the government’s resolutions with the laws of the parliament; A flaw that, if the resolution is not amended within the legal deadline, will lead to the ineffectiveness of the contested verdict.
Tasnim wrote in a news article: The subject of this dispute is the approval letter based on which two different methods were considered for calculating the proportionality of pensioners whose years of service have passed before the transfer of the service unit.
This letter of approval was approved at the meeting of the Council of Ministers on July 28, 1405, and at the suggestion of the Ministry of Cooperation, Labor and Social Welfare, and accordingly, a note was added to paragraph 19 of the letter of approval of the salary coefficient of 1405.
According to the new decree, the proportionality of pensioners’ salaries included in Clause 2 of Resolution No. 146707/T63480H was calculated and applied for the period before the handover, based on the years of service and in accordance with Clauses 12 and 19 of the Resolution, and for the rest of the history, i.e. from the time of handover to the date of retirement, based on the formula listed in Clause 3 of the Resolution.
The government had set the execution date of this sentence on April 1, 1405; However, the board of review and adaptation of the government’s approvals with the laws has found the legal basis of this separation in the calculation of proportionality to be contrary to the law of the 7th plan.
In the letter of the speaker of the parliament to the government, paragraph “R” of Article 28 of the Law of the Seventh Development Program is cited. According to this paragraph, retirees are divided into two groups, those covered by the social security law and those not covered by this law, and the way to proportionalize the pension and rights of each one has been determined in parts one and two of this paragraph, respectively.
Based on this, the Speaker of the Parliament has announced that the government’s resolution is against the law in that it considers a different solution from the mechanism foreseen in the law for the method of calculating and implementing the proportionalization of the rights of a group of retirees; An issue that has been challenged independently of its executive and financial effects and consequences.
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