Law on Pensions for the Judicial Branch (07)

The Magistrates, Judges, Inspectors, Registrars of Real and Mercantile Property, Public Defenders and other Officials and auxiliary and administrative Employees of the Judicial Branch who by reasons of age, modality and time of service are not incorporated into the Retirement and Pension System of the Employees and Officials of the Executive Branch and those who currently enjoy retirement in accordance with this Law; and, those who for legal purposes are identified as "participants", shall have the right to the following benefits: Sick Leave Assistance, Death Assistance, Disability Pension and Retirement, as follows: a) The participants of this system, active, retired or pensioned shall have the right to enjoy the health benefits established by the Law of the Honduran Social Security Institute, with both the participant and the Supreme Court of Justice making the corresponding contributions. b) If the active, retired or pensioned participant dies, their minor-age heirs, spouses or household partners and/or their parents who were economically dependent on the deceased shall have the right to compensation, as follows: 1. If the participant dies while in active service, a total amount equivalent to 18 times the salary earned at the moment of death, if such death is natural; and 3 times if it is accidental death. 2. If the participant dies retired or pensioned, an amount equal to the amount of their benefit for sixty (60) consecutive months, counted from the date of their death. If the active participant suffers from an illness or unintentional accident that totally and permanently incapacitates him from the performance of his duties, he shall have the right to a monthly pension amount equivalent to 80% of the last salary earned at the moment of becoming disabled. The participant who proves to have reached 58 years of age and a minimum of 10 years of service shall have the right to a monthly retirement equivalent to the amount resulting from multiplying the average salary of the thirty-six last salaries earned by the years of service credited by 2.75%. In no case shall the amount of retirements be greater than 90% of the average salary.

To have the right to the benefits established in this Law, the following conditions are required: 1. That the time credited by the participants has been effectively served, whether as principals, interim officials, alternates, members or assistants; in a continuous manner or at different times, places and positions; and, 2. That the services have been provided in the performance of positions and not commissions.

The participant who has served in the Judicial Branch for a minimum of 10 years of service and who retires before reaching 58 years of age shall have the right to be retired upon reaching 58 years of age; shall have the right to be retired upon reaching 58 years of age; or if having completed a minimum of 15 years of service ceases in the performance of his position and he is afflicted with a total and permanent incapacity that prevents his reinstatement to the service of the Judicial Branch, he shall have the right to a disability pension, provided that he proves that it is a consequence of service to the Judicial Branch.

The amount of retirement or disability pension shall in no case be less than the official minimum salary. Retirees or pensioners shall in all cases have the right to adjustment of the amount of their benefits in the same proportion that the Supreme Court of Justice increases the salary of active participants and to the acquired rights over the year-end bonus and the fourteenth month. In the same manner, the acquired rights of those individuals who are not yet enjoying the benefit granted by Decree No. 114 of March 5, 1954 are protected.

In the computation of time, services provided prior to this Law shall be taken into account.

The Supreme Court of Justice shall be the competent Court for the application of this Law, which it shall administer through the Personnel Administration Office. If the retired or pensioned participant is of election by the National Congress, the Supreme Court of Justice shall communicate to this Branch of State so that it may proceed with the election of his corresponding substitute, while the participant shall enjoy the benefit granted.

All participants shall have a deduction of 7% of their ordinary monthly salary in order to form the Retirement Fund governed by this Law; the Supreme Court of Justice shall include in its corresponding budget the percentage required to cover the actuarial technical deficit and the employer contribution required for the payment of the benefits established.

The Supreme Court of Justice shall develop in a Special Regulation all the provisions of this Law for its effective and correct application.

This Decree shall take effect twenty days after its enactment. Given in Tegucigalpa, D.C. In the Hall of Sessions, on the fifth day of the month of March of nineteen hundred fifty-four.

This Decree shall become effective as of 20 days after its publication in the Official Journal La Gaceta. Given in the city of Tegucigalpa, Municipality of the Central District, in the Hall of Sessions of the National Congress, on the fourth day of the month of March of nineteen hundred ninety-seven.