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In this research work the study of the legal situation of retired teachers since 2008 is addressed, which becomes transcendent with the recognition of a retirement benefit on equal terms for the entire public sector in 2010 with the entry into force of the Organic Law of Public Service. This legislative fact affected acquired rights previously enshrined since the Constitution of the Republic of 2008 regarding the calculation of the economic compensation for the retirement of Ecuadorian teachers. Since then there have been several rules, provisions, decrees and proposals by the previous and current government, which has made it difficult to reach an agreement between the State and the teaching profession, as retirement payments have been delayed since 2008 and even today there are retired teachers who do not receive their retirement incentives.