After much waiting, the plenary session of the Congress of the Republic modified on the night of Thursday, January 13, the lLaw of return of contributions to the National Housing Fund (Fonavi), since some errors in the text prevented the money from being delivered.
The Law 31173, which was approved last Wednesday, repealed paragraphs b and c of article 2 that established the return of what was contributed by the worker and employer, as well as the definition of the amount to be reimbursed and its updating, which left the reimbursement without effect.
Therefore, the norm was modified with 82 votes in favor, 14 against and 18 abstentions. This correction ensures that funds made by workers and employers are returned. This rule also ensures that it will prioritize the delivery of money to the vulnerable population that has been most affected by the COVID-19 pandemic.
It should be noted that the text that was approved last Thursday is the same that was debated in plenary a day before. However, during that day, the Popular Force congressman, Jorge Morante Figari, proposed changes at the last minute that caused the end to exclude the return of contributions to workers and employers. It is estimated that with this about 2 million former contributors were not going to receive anything.
WHAT DOES THE LAW SAY?
The Law No. 31173 which guarantees compliance with Law 29625, the Fonavi money return law for workers who contributed to it, prioritizing the vulnerable population, as a result of the COVID-19 pandemic, consists of 10 articles and has two main objectives, The first is that the aforementioned Law 29625 is complied with and the second is to establish the criteria that will be followed so that a fair payment is achieved for those who own or are owners of land acquired through Fonavi.
This Law was approved and published for the first time in the official newspaper El Peruano on April 27 of last year, however, the autograph approved last Wednesday repealed the literals b and c shown below, which made the refund null and void.
Article 2. Precision of article 1 of Law 29625, Law on the return of money from FONAVI to workers who contributed to it
Article 1 of Law 29625, Law on the return of FONAVI money to workers who contributed to it, is specified in the sense that the return of contributions includes:
a) To all workers, dependents and independents who contributed to FONAVI, with the exception of those who benefited from its resources in an amount equal to or greater than their contribution.
b) Those deducted from their salaries and those made by their employers, including the State and others.
c) The amount of the contribution and its due updating in accordance with the provisions of article 1236 of the Civil Code.
Below we present the complete Law that was published in El Peruano last year:
HOW MUCH WILL THE CONTRIBUTORS RECEIVE TO FONAVI?
According to calculations made by the Ministry of Economy and Finance (MEF), The debt of the Fonavistas amounts to S/. 42,008 million soles. This taking into account the contributions of the worker and employer updated with the Consumer Price Index (CPI).
The president of the Federation of Fonavistas, Luis Luzuriaga, spoke with a local newspaper and pointed out that the average amount they expect to be returned to each worker is S/15,000 soles. This includes those who were paid in previous years. Let us remember that in the lists that were published between 2015 and 2019, it was only considered to return S / 10.69 for each contribution. This calculation was declared unconstitutional by the Constitutional Court, so they ordered the MEF to make a new formula for the refund.