When the unions in the country were preparing their strike strategy, the secretary general of the National Association of Public Employees (ANEP), Albino Vargas, was already retired.
The process was successfully carried out in August through the Disability and Old Age Disability (IVM) regime of the Costa Rican Social Security Fund. The information was corroborated by this entity, which noted that Vargas receives a pension of 1,210,808.13 colones per month since August 1st.
He had a salary of ₡ 2.2 million and was kept on leave without pay for a total of 28 years and eight months. He had a position in the Ministry of Justice to which he never resigned, for which he received a monthly salary of ₡23,710 as of January 15th, 1990, the date on which he requested the permit.
His move to ANEP allowed him to improve his income, since his position as a Clerk in the Justice Branch implied a salary of nearly ₡350,000. This better level of income in ANEP guaranteed a better pension, since this is calculated based on the salaries received.
The maximum pension amount according to the General Pensions Superintendence is ₡1,572,186; and because he exceeded the minimum number of installments, he was able to move the date of his retirement forward, without having to wait until he turned 65 (he’s currently 62).
Luis Ballestero, a lawyer specializing in Administrative Law, said that when he takes up the pension, Vargas must renounce his income as secretary of ANEP, otherwise he would be committing a crime.
On September 14th, CRHOY announced that it was that permit for almost three decades that allowed Vargas to perpetuate himself as a union leader for so long, without ANEP changing its hierarchy in that period.
The rules of the International Labor Organization and free trade unionization open this doorway, without the Administration being able to ask for explanations, or declare and open vacancy for the position, even if Vargas wasn’t working.
Trade unions can also have retired public officials in their leadership. Such is the case of Gilbert Díaz of the SEC, who in addition to being retired since 2010, was appointed by the current government as a member of the board of Banco Popular.