“LA INJUSTIFICADA TERMINACIÓN ANTICIPADA DEL PAGO DEL MONTEPÍO AL CÓNYUGE DE UN AFILIADO DEL IESS”

Abstract

This academic article addresses the issue of terminating the payment of montepío pension for the surviving spouse upon entering a new marriage or de facto union in Ecuador. It raises a conflict between the Transition Regime Regulation for Old Age and Death Insurance issued by the IESS and the Social Security Law, which does not contemplate such termination of rights. The validity and applicability of the regulation are discussed, and the importance of determining the justification and proportionality of the appropriation of contributions by the IESS is emphasized, in relation to a possible violation of the prohibition of confiscation established in the Constitution. Beneficiaries are urged to seek legal advice and file complaints with the competent authorities to protect their rights.