The Supreme Court has found non-salary payments in the Army that are unlawful for the Public Administration in re Sosa, Carla Elizabeth et al v Department of Defense ARMY on military officers and civilians in the Armed and Security Forces. (CAF 46478/2013/RH1).
Published in El Cronista on May 28, 2019
The National Court of Appeals in administrative contentious federal matters (Panel II) confirmed the Lower Court decision and sustained the complaint filed by several active-duty officers in the Argentine Army against the National State (Department of Defense). It declared that the allowances for “hierarchical position” and “equipment management”, which were established by Executive Order 1305/12 as amended, should be subject to tax deductions and also included in the calculation basis for other items, and ordered payment of the amounts arising out of the relevant calculation plus interests.
The Lower Court found that in most military ranks, all or almost all officers collected one or both allowances, and emphasized that those who did not collect these payments were beneficiaries of a fixed amount under the terms of Section 5 of Executive Order 1305/12, contrary to the particular nature that the law intended to assign to the pay rises granted. Seguir leyendo Supreme Court Ruling: the Tip of the Iceberg for Transparency Across the Board