Given the criticism that arose against him for the request he made to the Congress of the Republic to be granted a life pension, granted to former constitutional presidents, José María Balcázar he backed away from his attempt.
However, the interim president He now requests that his lifetime pension be calculated based on his status as a congressman of the Republic and no longer as a former judge of the Judiciary, as he had perceived before assuming the parliamentary position in 2021.
As of Thursday afternoon, Balcázar’s request had not received a response from Parliament. The president of Congress, Fernando Rospigliosihe said to The Commerce that the processing of the new order “takes time.”
“The regular procedure will be given, the legal department has to give its opinion, etc. That takes time,” said Rospigliosi.
Rospigliosi Capurro announced that the response to the president in charge would be with the next bicameral parliament, although he warned that the legal arguments raised by Balcázar had already been “eliminated.”
“It’s complicated, apparently he wants his judge’s pension to be changed to that of a congressman. That was before, but it was eliminated many years ago. Various departments will have to give their opinion and that takes time, I don’t think it’s the current Congress.”
Balcázar Zelada, as it is remembered, acceded to the position of President of the Republic after being elected president of the Board of Directors of Congress, after the vacancy of his predecessor José Jerí.
Last Tuesday, July 14, the interim president sent a document to Rospigliosi Capurro, expressly requesting that he be granted a lifetime pension in his capacity as former president.
With this, Balcázar Zelada requested that his pension increase to S/35,568.00, which is what he currently earns as interim president.
JOSÉ MARÍA BALCÁZAR-INITIAL ORDER
However, after the criticism, a day later, on the afternoon of Wednesday, July 15, he sent another document that he called “clarification” and argued that what he requested was a “restitution and leveling” of his pension within Decree Law No. 20530, calculating it based on the remuneration he receives as a congressman of the Republic.
JOSÉ MARÍA BALCÁZAR-NEW ORDER
How much does José María Balcázar intend to earn?
As recalled, before assuming the parliamentary position, in 2021, Balcázar Zelada received a pension as a retiree in his capacity as former senior judge of the Judiciary.
This, after in 2011, the then National Council of the Judiciary decided not to renew its confidence as a magistrate for not complying with the standard of conduct and suitability to continue exercising the position. This decision was confirmed in 2012, after its reconsideration was rejected.
JOSÉ MARÍA BALCÁZAR
According to his sworn statement before the Comptroller General of the Republic, one year after his resignation as a magistrate he received a monthly salary of S/6,505.07.
However, as a congressman of the Republic, at the end of 2025, his monthly salary – without bonuses – amounts to S/15,600.00, which would be what he would receive if the change in his lifetime pension was accepted.
This would mean an increase of more than double his pension as a former judge.
JOSÉ MARÍA BALCÁZAR
Is your request to increase your judge’s pension to that of a congressman viable?
According to three specialists in administrative, labor and constitutional law, the new request of the interim president, José María Balcázar, and even his previous request would become unviable.
The former senior officer of the Congress of the Republic, José Cevascotold El Comercio that Balcázar Zelada’s request to level his lifetime pension that he had as a former judge to that of a congressman of the Republic “would not proceed.”
As he explained, in the document sent to Parliament, the interim president based his request on the scope of Decree 20530, a pension regime called at the time “Cédula Viva”, which consisted of the pension of a retiree being matched with the salary of an official who was active.
“For example, if I had retired as a senior officer and the active senior officer’s salary was increased by S/2 thousand, they would automatically increase my pension by S/2 thousand; that is why it was called a living card,” he explained.
However, he recalled that the Constitutional Court, through a ruling, has already annulled the application of the “living card” in the terms that Balcáza Zelada wants his lifetime pension that he received as a judge to be increased to that of a parliamentarian.
“So, years ago, the Constitutional Court cut off the ‘living ID’ system because there were many former parliamentarians who wanted to win like the congressman who was active, and set a pension ceiling for them. Initially the limit was S/4 thousand soles, and then 6 thousand soles. So, what Mr. Balcázar is asking for, for his pension to be leveled, is inadmissible because that living ID is already dead.”
The public administration specialist warned that approving a request like the one made by Balcázar Zelada would be “opening the door” so that other former congressmen can ask for the same thing.
“Now there are many former parliamentarian pensioners who, having retired under the regime of Decree Law 20530, have a pension of S/6 thousand. Imagine that the door is opened and the request is granted, even though the TC has already said that the living ID is over. (Enabling it) would be opening the door for everyone to request it,” he warned.
According to Cevasco Piedra, it would not have been appropriate for Balcázar to receive a pension as former president of the Republic, as he initially requested, since the Constitutional Commission of Congress has already issued two reports regarding this issue, in which it established that to grant the president’s pension he must meet three requirements.
First, the requirement of having completed the period for which he was elected President of the Republic. Another is that presidents “accidental or by succession by the presidents of Congress” do not generate the right to said pension.
He recalled that Balcázar is in office “because he was elected president of Congress, not because he was elected president of the Republic.”
“So, with that background and others who have also been denied a pension to former presidents of Congress like Mr. (Manuel) Merino who also requested, I believe that the Board of Directors of Congress should resolve this issue, before concluding their functions, they should resolve by denying the request to avoid problems for the future Congress,” he considered.
President José María Balcázar faces an oral trial for alleged illicit appropriation. (Photo: Presidency)
On the other hand, the constitutionalist Sergio Verástegui, He maintained that Balcázar Zelada has changed his initial request to be granted a lifetime pension as President of the Republic, because he knew that Congress was going to deny it.
He recalled that Law 26519 has existed since 1995, which establishes that former constitutional presidents of the Republic have the right to a pension for life, and originally only the fact of having been constitutionally accused by Congress was established as an impediment to receiving this benefit, unless it is subsequently proven innocent.
However, in 2022, there were two almost simultaneous requests from interim presidents Manuel Merino and Francisco Sagasti, to be granted a lifetime pension as former presidents.
“If one reads Law 26519 without any interpretation, it would seem that all those who assume office are constitutional presidents of the Republic, whether they have acceded by popular election or succession, as happened with Sagasti, Merino, Jerí and Balcázar himself, all are constitutional presidents of the Republic and that benefit would correspond to them,” he expressed.
However, he noted that after the requests made by Sagasti and Merino, the Legislature approved an advisory opinion establishing that neither the vice presidents of the Republic who have acceded by constitutional succession, such as Martín Vizcarra with Pedro Pablo Kuczynski or Dina Boluarte with Pedro Castillo, can be beneficiaries of the life pension, nor can those who did so by constitutional succession having been congressmen such as Manuel Merino, Francisco Sagasti, José Jerí and the same José María Balcázar.
“So, he (José María Balcázar) already knew that this answer was going to be negative because there is this advisory opinion that is binding in Congress; it is like its application guide. So, any request for a benefit alleging Law 25619, and if he is not a president elected at the polls, then he cannot access the pension, no matter the period he has held the position.”
Regarding the new request to level his former magistrate’s pension to that of a congressman of the Republic, the specialist in Administrative Law and Labor Law also agreed that Decree Law 20530 or “living ID” – alleged by Balcázar – was already the subject of a debate and ruling by the Constitutional Court, which established that “it was only for those who were actively working.”
“Now, the restitution or leveling that he asks for as a congressman, that must be defined by Congress, but he cannot receive both salaries,” he assured.
Congress of the Republic. Photo: courtesy Agencia Andina
Alejandro Rospigliosi, former head of the cabinet of the Board of Directors of Congress, maintained that “it is not feasible” for Parliament to level the retirement of Balcázar Zelada in the terms requested.
He pointed out that the interim president himself knows this, and that is why he initially requests a pension as president of the Republic, “which is inappropriate”; and now he changes his request and requests that his retirement be changed to that of a congressman.
“He himself recognizes, with these abrupt changes in orders, that they are inadmissible. Metaphorically, it is like casting the fishing rod to see which one works, and this paints a full picture of Mr. Balcázar who is an opportunist, he enters public service not to serve the citizens, but to serve himself,” he stated.
Rospigliosi Vega, a constitutional lawyer, said that Balcazar demonstrates “the hypocrisy” of many politicians who come to public office talking about austerity, reducing expenses, and do just the opposite.
“It should not be approved. Furthermore, if we do a quantification, this would be an absolutely inappropriate expense, it would be a waste of public resources. The man knows that it would not proceed, that is why he initially asks for one thing, then changes his request; he is casting the fishing rod to see what he gets, right?”
Along these lines, he urged that it be possible to weigh how much a citizen should contribute during his or her work period to be able to receive a pension of S/15,600 like the one Balcázar intends and for that reason alone it should be “unviable.”
If it were a request as president, the specialist pointed out that the Congress of the Republic approved a rule to repeal the benefits to presidents of Congress who assumed office as leaders of the Republic.
“He cites a previous case of former President Valentín Paniagua, it is the oldest of all, but this led the Constitution Commission to prepare a report, approved in plenary, where a change of criteria was made establishing that it is not appropriate to grant pensions to the presidents of Congress who have assumed responsibility for the presidency of the Republic. That is the current criterion,” he concluded.
