TITLE VI. CONSTITUTIONAL REFORM
Article 206
Any initiative of constitutional reform must be adopted by Congress through an absolute majority of the legal number of its members, and must be ratified by a referendum. The referendum may be exempted when the consent of Congress is obtained in two successive regular sessions, with a favorable vote of greater than two-thirds of the legal number of congressmen in each case.
A law concerning a constitutional reform shall not be objected to by the President of the Republic.
The right to initiate a constitutional reform corresponds to the President with the approval of the Cabinet, to congressmen, and to a number of citizens equivalent to three-tenths of a percent (0.3%) of the voting population, with their signatures being verified by the corresponding electoral authority.
FINAL AND TRANSITORY PROVISIONS
FIRST
The pension scheme set forth by Decree-law No. 20530 is officially declared closed. Therefore, as soon as this constitutional reform goes into effect:
- New admissions or readmissions to the Decree-law No. 20530 pension scheme are prohibited.
- Those workers who, while eligible to join that pension scheme, have not qualified to receive their corresponding pension will have to choose between the National Pension System and the Private System of Pension Fund Management Firms.
Due to reasons of social interest, the new pension rules set forth in the relevant law will apply immediately to workers and pensioners of pension schemes run by the State, as appropriate. The adjustment between pension and salary levels is prohibited, as well as the reduction of the amount of pensions smaller than one taxation unit.
The relevant law will provide for a progressive application of limits to pensions exceeding one taxation unit.
The budget savings stemming from the application of new pension rules will be used to increase the lowest pensions, in accordance with the law.
The modifications introduced to current pension schemes, as well as the new pension schemes to be established in the future, shall have to abide by the financial sustainability and non adjustment criteria.
The national government, through its relevant agency, shall institute legal proceedings aimed to obtain the judicial declaration of nullity for those illegally obtained pensions, except those protected by res judicata sentences that have expressly determined the merits of a case or those whose actions have expired.
SECOND
The State guarantees the timely pay and periodic adjustment of pensions under its administration, in accordance with the budget provisions made for such purposes and the possibilities of the national economy.
THIRD
As long as there continue to exist different systems of work between private and public sectors, in no event and for no reason shall the benefits acquired under the two systems be cumulative. Any actions or orders contradicting this provision are null and void.
FOURTH
Rules concerning the rights and freedoms recognized by this Constitution are construed in accordance with the Universal Declaration of Human Rights and the international treaties and agreements regarding those rights that have been ratified by Peru.
FIFTH
Municipal elections are alternated with general elections so that the former are held halfway through the presidential term, in accordance with the law. To that effect, the term of mayors and council members elected during the next two municipal elections will last three and four years respectively.
SIXTH
The term of mayors and council members elected in the 1993 election and its supplementary elections ends on December 31st, 1995.
SEVENTH
The first general election process after the Constitution takes effect shall be held using the single constituency system while the decentralization process continues.
EIGHTH
The provisions of this Constitution so requiring are the subjects of constitutional development laws.
The following provisions have priority:
- Decentralization rules and, among them, those facilitating the election of new authorities in 1995 at the latest.
- Those rules concerning the mechanisms and process of gradually eliminating legal monopolies granted in concessions and licenses for public services.
NINTH
The renewal of membership of the National Election Board, established according to this Constitution, begins with those elected by the Lima Bar Association and law schools of public universities.
TENTH
The law provides for the manner in which offices, officials, and employees of the Civil Registry of local governments and those of the Election Registry, shall merge into the National Identification and Civil Status Registry.
ELEVENTH
The provisions of this Constitution requiring new or increased public expenses are applied gradually.
TWELFTH
The departmental political organization of the Republic includes the following departments: Amazonas, Ancash, Apurímac, Arequipa, Ayacucho, Cajamarca, Cusco, Huancavelica, Huánuco, Ica, Junín, La Libertad, Lambayeque, Lima, Loreto, Madre de Dios, Moquegua, Pasco, Piura, Puno, San Martín, Tacna, Tumbes, Ucayali, and the Constitutional Province of Callao.
THIRTEENTH
While the regions remain unformed and until their presidents are elected according to this Constitution, the Executive Branch determines the jurisdiction of the Transitory Councils of Regional Administration, now in operation, pursuant to the area of each of the departments established in the country.
FOURTEENTH
This Constitution, once adopted by the Democratic Constitutional Congress, takes effect in accordance with the result of the referendum regulated by constitutional law.
FIFTEENTH
The provisions of this Constitution related to the number of congressmen, terms of legislative mandate, and the Permanent Assembly do not apply to the Democratic Constitutional Congress.
SIXTEENTH
Once promulgated, this Constitution replaces the 1979 Constitution.
