Many of the decisions lead to the user suing, reason why, between 2002 and 2010 the Institute of social insurance paid more than 153.110 million pesos for lost legal actions.
Much of the social insurance Institute accounts (ISS) are full of uncertainty.
The entity loses silver by fines, penalties and demands, without the allocation of pension amounts higher than those entitled the beneficiary or granting of disability without the full requirements of pensions.
With these excesses, the heritage of the entity in 2010 was negative, because it presented a balance in red of 3.3 billion pesos.
The consequences are for the user, which ends up involved in delays, after starting processes to make use of his right to a pension. Of course, also there are potential impacts to public finances.
These are some of the findings of the audit by the Auditor General to the ISS, in which established 134 findings of which 10 have alleged fiscal implications (there are economic resources at risk), 41 have possible disciplinary scope and four recorded an alleged criminal incidence.
According to the Comptroller delegated to the social sector, Margarita Jiménez, “assets that the entity has not support debts.” “For this reason, the Comptroller did not die you account“.
The legal issue is one of the broken veins of the ISS. During 2010, according to the research, the entity reserved 79,000 million pesos for the payment of judgments, but the figure did not reach him.
Chaos in denial or granting of a pension is such that has become one of the main reasons that users engage in judicial proceedings. The failures are not met or are made in late manner, which leads to the beneficiary to guardianship.
The Comptroller was able to establish that, from 2002 to 2011, the ISS paid 153.110 million pesos only in default interest and granular and between 2008 and 2010, had to pay 284 million in fines and penalties for various reasons. Wrong liquidations and invalidity pensions granted without there is place to them are common.
In sectional as of Antioquia, for example, conducted the liquidation of a pension with overexpenditure of 100 million pesos more than what corresponded to the beneficiary, because rather than calculated on 1.1 million pesos as it was their right, they did so on 1.7 million.
On the subject of disability pension, the Agency gave as an example the finding of four cases of people that granted the right, while studies of loss of working capacity recorded that this came only to 50 per cent.
In this line of decisions was where the inspection body established most of the risk of fiscal impact on public resources.
A low interest in the recovery of portfolio is another reality which identified the audit entity. During 2010, the number of debtor enterprises was 479.622, but only took place charging to six, i.e. a low 0.001 percent.
In the accounts of the ISS appear documents without identifying and sectional have no media so they must charge.
“All this creates uncertainty about the real balance of debtors“, the research indicates.
Previous vigencias balances are another source of concern for the Comptroller. To the not having been purged, they are reported as accounts receivable, but it is not established if fertilizers have been made or if the debtor continues in mora absolute.
This is the case of accounts receivable to Fosyga, by 3.6 billion pesos, or resources such as portfolio recovery by agreements of payment and coercive collection, appearing with 1,205 billion.
COLPENSIONES NOT WILL INHERIT PROBLEMS
Agreed with the associate Comptroller, Margarita Jiménez, the ISS has its improvement plan.
In his view, “Colpensiones does not inherit the legal ISS mess, because only you will be transferred to what is legalized.”
“The most probable is that the case is handled as Etesa, which nine years ago is in liquidation, while it puts the accounts in order.”
There is also the option that, with the creation of the legal defense of the State Agency, the outstanding cases on the ISS are resolved in that instance.
For its part, the Institute workers claim that this negative picture wanting to present the entity does not correspond to the positive report of presented indicators just in the last few weeks by the President of the insurance, Silvia Helena Ramirez, during the accountability. They asked that if there are irregularities within the entity, investigate and impose sanctions, it well as they insist that Colpensiones is not prepared to operate from next April as stated by its President, Pedro Nel Ospina.
In the meantime, the Minister of labour, Rafael Pardo, reiterated a week ago that the ISS will not be liquidated and that will be solving legal problems on demands for pensions.