Santo Domingo, RD.- El Tribunal Constitucional ordenó a la Administradora de Fondos de Pensiones Scotia Crecer devolver a una viuda los aportes realizados por su extinto esposo y el rendimiento acumulado en su cuenta de capitalización individual, en un plazo no mayor de 6 días.

El TC acogió una acción de amparo interpuesta por la señora Daysi Mejía Tejada y dispuso que la AFP le entregue los fondos contenidos en la cuenta de capitalización individual a nombre de su fallecido marido, Pedro Antonio Peña Valdez.

Impuso el pago de una astreinte de 5,000 diarios a favor de la señora Mejía, que empezará a correr siete días después de la fecha de solicitud de devolución de los fondos.

El TC revocó la sentencia número 00331-2014, dictada por la Segunda Sala del Tribunal Superior Administrativo (TSA) el 30 de septiembre de 2014, que ordenó al Consejo Nacional de Seguridad Social la confirmación de la cobertura de la pensión de sobrevivencia a favor de la accionante y el pago correspondiente de los montos dejados de percibir a cargo de Scotia Crecer A.F.P., S.A. Estas entidades recurrieron la decisión ante el TC.

El conflicto surgió a raíz de que Mejía Tejeda solicitara a la Dirección de Información y Defensa de los Afiliados a la Seguridad Social (DIDA) la pensión de sobrevivencia tras el fallecimiento de su esposo y al no ser acogida, interpuso una acción de amparo, alegando vulneración de los derechos fundamentales a la seguridad social, la igualdad, el respeto a la dignidad humana y la protección de las personas de la tercera edad.

Demandó a la DIDA, a la AFP Scotia Crecer, al Consejo Nacional de Seguridad Social (CNSS) y la Superintendencia de Pensiones (SIPEN).

El TC excluyó del proceso a la DIDA y rechazó la acción de amparo contra el CNSS y la SIPEN. El dispositivo de la decisión está contenido en el comunicado 26/20, publicado en la página web del TC.

Fuente en este Link.

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