MUTUAL ISRAELITA ARGENTINA Law 27.139 Extraordinary benefit. Compensation. Posted: April 29, 2015 Promulgated: May 18, 2015
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force ARTICLE 1 —
They shall have the right to receive, for the only time, an extraordinary benefit through their heirs or right-holders or, in accordance with the case, persons who have died or suffered serious or serious injuries on the occasion of the attack on the headquarters of the Mutual Association Israelita Argentina (AMIA), located on Calle Pasteur 633 of the Autonomous City of Buenos Aires, which took place on 18 July 1994, or did not prosecute the national State. ARTICLE 2
The compensation provided for in this Act is the property of the injured person; in the event of his death, compensation shall be distributed by analogous application of the priority order set out in the current regulations regarding the intested successions, without prejudice to the rights recognized in article 3 (c), final part, of this rule. ARTICLE 3 —
The effects and benefits of this law belong to those who credit the following extremes:
(a) Death as a result of the act referred to in article 1 of the present;
(b) To have suffered serious or serious injuries as a result of the fact referred to in article 1 of the present report;
(c) In the case of subparagraph (a), for the purpose of the request for the benefit set forth in the present, the right of the beneficiary shall be credited, or, where appropriate, to the effect of which it shall be proved to be fruitful that there was a de facto union for at least two (2) years prior to the facts described in article 1 or a minor lapse if there were children in common;
(d) If, in the case of subparagraph (b) of this article, the beneficiary has died for reasons other than the act referred to in article 1 of the present article, he or she may apply for the benefit established by his or her heirs or, if any, who demonstrates his or her rightful character in accordance with subparagraph (c). ARTICLE 4
The Ministry of Justice and Human Rights shall be the authority to implement this Act. The request for the benefit shall be addressed to the Ministry, which shall check, in a very large manner, the fulfilment of the necessary precautions for granting it. The request for the benefit shall be made, under the notice of expiry, within one hundred and eighty (180) days of the date of entry into force of the regulation of this law.
The resolution that denies the benefit in full or in part will be appealed within ten (10) days of notification to the National Appeals Chamber in the Federal Administrative Disputes of the Federal Capital. The appeal will be presented, founded, to the Ministry of Justice and Human Rights, who will raise it to the House with his opinion within ten (10) days. The Chamber shall decide, without further processing, within twenty (20) days of receipt of the proceedings. ARTICLE 5 —
Persons who have died as a result of the above-mentioned attack shall have the right to receive, through their heirs or, as appropriate, their entitlements, an extraordinary benefit equivalent to the monthly remuneration of the agents Level A, Grade 0, of the Scaffolding of the National Public Employment System (SINEP), approved by Decree 2098 of 3 December 2008 and its amendments, by coefficient 100 (100). ARTICLE 6
The benefit of persons who had suffered very serious injuries in the same circumstances, as defined in the Criminal Code, shall be the amount equivalent to that provided for in Article 5, which is reduced by thirty per cent (30%). ARTICLE 7
The benefit of persons who had suffered serious injury in the same circumstances, as defined in the Criminal Code, shall be the amount equal to that provided for in Article 5, reduced by forty per cent (40%). ARTICLE 8
- The amounts of the benefits provided for in this Act shall be effected in accordance with the terms of laws 23.982 and 25,344, and their amendments, and shall be deemed to be covered, for all purposes, within the concepts of article 2 (f) and article 3 (a) of Act No. 25,152. ARTICLE 9 —
The Ministry of Justice and Human Rights will be responsible for the processing of the relevant claims, and will then require the Ministry of Economics and Public Finance - the National Public Credit Office, the placement of bonds before the S.A. Securities Fund, or who is designated as depository and securities registry, in an account to the order of the beneficiary or that of the intervening court in the successor process of the same, in case of his death. ARTICLE 10. -
The compensation provided for in this Act shall be exempt from taxation, as well as from fees the judicial or administrative proceedings which aim at the accreditation of the circumstances or the link in national jurisdiction. The publication of edicts in the Official Gazette will be free of charge, when it has the sole purpose of accrediting the hereditary link with the causator for the purposes provided for in this law. ARTICLE 11. -
If there are any legal proceedings against the national State based on the same facts or omissions referred to in this Act, at the time of requesting the extraordinary benefit it establishes, those who intend to accept it shall desist from the action and the right exercised in the respective proceedings and renounce the initiation of future judicial proceedings in the same case.
In the event that the beneficiaries, or their heirs or, where appropriate, beneficiaries, would have received subsidies agreed upon by the national executive branch following the facts referred to in article 1 of this Act, the amounts received shall be deducted from the total amount appropriate to them as an extraordinary benefit, in accordance with the provisions of this rule.
If the beneficiaries, or their heirs, or, where appropriate, their rightfuls, have obtained and received by court judgement compensation less than that established under this law, they shall have the right to claim the difference in their favour. If the judicially recognized amount exceeds the amount resulting from the application of this law, they cannot access the extraordinary benefit set out here. ARTICLE 12. -
The benefit obtained by this Act is incompatible with any judicial action for damages raised by the beneficiaries, or their heirs, or, where appropriate, their rightful, against the national State arising from the fact and the grounds of articles 1 and 3 of the present. The existence of judicial proceedings for damages pending upon the receipt of the benefits of this law shall entail the necessary option on the part of the person concerned between the continuation of the judicial proceedings initiated or the reparatory benefit provided for in this rule. ARTICLE 13. -
The payment of the extraordinary benefit to the victims or their heirs or, if any, the right will free the national State from the responsibility recognized by the fact that this law motivates. Those who have received pecuniary reparation in legal form shall be subject to subrogation from the national State if, subsequently, other heirs or, where appropriate, entitled to equal or better claim the same benefit. ARTICLE 14. -
The national executive branch shall regulate this law within sixty (60) days of publication. ARTICLE 15. -
Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE NEW DAYS OF THE MONTH OF APRIL OF THE YEAR DOS MIL QUINCE.
— REGISTRATION BAJO N° 27.139 —
LOVE BOUDOU. - JULIAN A. DOMÍNGUEZ. — Juan H. Estrada. - Maria A. Luchetta.