Retirement Regimens Law 22731, 24018 And 21540 - Abrogation - Full Text Of The Norm

Original Language Title: REGIMENES JUBILATORIOS LEY 22731, 24018 Y 21540 - ABROGACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
JUBILATORY REGULATIONS Law 25.668 Sanctioned: October 23, 2002. Partially promulgated: November 18, 2002.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Prove the Laws 22.731, 24.018 and 21.540. ARTICLE 2 Staff under the laws repealed by article 1 who, upon the date of entry into force of this Act, meet the full requirements set out therein, shall maintain the right to the benefits they grant, which they may exercise at any time from the date of termination of their functions or positions.

The president and vice president of the Nation, the judges of the Supreme Court of Justice of the Nation, the Attorney General of the Nation, the Attorney General of the Treasury, national senators and deputies, ministers and secretaries of State, subsecretaries, secretaries and prosecretaries appointed to the plurality of votes by the Houses of Senators and Deputies of the Nation, the head of the Autonomous Government, the

ARTICLE 3 Affiliates covered by the regimes repealed by article 1 of this Act are subject to the provisions of Act No. 24,241 of the Integrated Pension and Pension System. ARTICLE 4 In the context of the financial economic emergency provided for in Act No. 25,344, extended by section 1 (2) of Act No. 25,561 and by the period of one (1) year from the entry into force of this Act; the beneficiaries of the regimes repealed by article 1 of the present; by article 11 of Act No. 23,966; and of the provincial and municipal regimes transferred to the Nation a total of three hundred.75

The Executive Power may extend the deadline set above as long as the emergency decreed in a timely manner.

ARTICLE 5° The National Social Security Administration shall, from the entry into force of this Act, review by the second paragraph of article 15 of Act No. 24,241 of the benefits granted under the laws repealed by article 1 of this Act, article 11 of Act No. 23,966, as well as that of the provincial and municipal regimes transferred to the Nation.

In the event that irregularities are detected in the granting of the benefits subject to the above-mentioned review, the proceeding of the benefit shall be discontinued, and the procedure established by Act No. 19,549 shall be observed for this purpose, without prejudice to the obligation to repay the unduly received amounts.

ARTICLE 6 During the period of one (1) year, the National Social Security Administration should submit a bimonthly report to the Commission on Social Security and Security of the Honorable Chamber of Deputies of the Nation from which the audit result is produced pursuant to the provisions of the preceding article. ARTICLE 7 The perception of a retiree obtained under the laws repealed by this law, by article 11 of Law 23.966, as well as that of the provincial and municipal regimes transferred to the Nation, shall be incompatible with the performance of any remunerated activity, in the national, provincial, municipal, or private civil service, for those who perceive to be above twelve with five (12.5) MOPRE. ARTICLE 8 This law is of public order and will begin to govern the first day of the month following that of its publication in the Official Gazette. ARTICLE 9 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTS OF THE OCTOBER OF THE YEAR DOS MIL DOS.

_

JUBILATORY REGULATIONS Decree 2322/2002

Bs. As., 18/11/2002

VISTO Bill No. 25.668, and

CONSIDERING:

That the HONORABLE CONGRESS OF NATION, through the Bill quoted in the Hittite, by article 11, the Nros Laws. 22,731, 24.018 and 21,540.

That for the first of these rules the special retirement regime was established for officials of the Foreign Service, for the second, monthly life allowances for President and Vice-President of the Nation and Judges of the Supreme Court of Justice of the Nation, as well as special predictive regimes for some officials of the executive, legislative and judicial branches.

In turn, Law No. 21.540 instituted a monthly life allowance for certain ecclesiastical hierarchies of Catholic Cult.

That article 2 of the above-mentioned draft provides that staff under the laws repealed by article 1 who have the fullest of the requirements established by them shall maintain the right to the benefits they grant, excluding from this right certain officials of the executive, legislative and judicial branches.

Article 4 establishes a maximum number of PESOS TRES MIL CIEN ($ 3,100) to apply to the benefits granted by both the regimes that are planned to repeal and by those who were, in due course, by article 11 of Law No. 23,966 and by the provincial and municipal regimes transferred to the Nation.

That by Message No. 535 of March 25, the executive branch submitted to the legislative branch a bill for the purpose of solving the confusion regarding the existence of special regimes, generated successive rules and their application, and achieving the consequent legal security.

That the Bill quoted in the Hittite is generating unjustified inequalities by producing derogations different from the proposals of only one of the special regimes, and establishing an undue generalization of the cap of PESOS TRES MIL CIEN ($ 3,100) that the executive branch had raised only for the cases in which the requirements of obtaining the benefit had been lower than the generals, in force at each time, which undoubtedly undermines the proper harmony of the system.

That article 5 of the draft entrusts the NATIONAL ADMINISTRATION OF THE SOCIAL SECURITY OF THE SECRETARIAT OF SOCIAL SECURITY OF THE MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL the review of the benefits mentioned above, by proceeding the agency to dispose of the loss when irregularities are detected, the latter already granted by article 15 of Act No. 24.241 and its amendments.

Finally, the project establishes on the same benefits, the incompatibility of its collection with the performance of any remunerated activity in the public or private service for those who perceive more than 12.5 MOPRE that currently represent PESOS UN MIL ($ 1,000).

That any determination of incompatibility between the perception of a provisional benefit and the development of a remunerated activity must be preceded by the technical studies, legal feasibility and social acceptability necessary not to affect situations that in practice and more at a time of economic-social crisis may be objectionable.

It is appropriate to note the draft as it seeks to combat unacceptable privileges contradicts fundamental legal principles and generates greater inequalities.

That in general the bill No. 25.668 will produce litigation for the above-mentioned aspects, which will be even greater than the one that was intended to be avoided with the Executive Power Project.

That the popular will expressed, mainly, through the Bureau of the Argentine Dialogue led its demands to the elimination of differential retirements from political officials of the legislative and executive branches.

That this measure does not alter the general regulatory framework or the spirit of the Draft Law sanctioned by the HONORABLE CONGRESS OF NATION.

That the Directorate-General for Legal Affairs of the Ministry of Labour, EMPLEO and SECURITY SOCIAL has taken the intervention that belongs to him.

That the present is given in the use of the powers conferred by article 80 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1 . Note article 1 of the Bill registered under Act No. 25,668 as soon as it provides for the repeal of Act No. 22,731, articles 1-17 and 26-36 of Act No. 24,018 and Act No. 21,540. Art. 2° . Note in full articles 2°, 3°, 4°, 5°, 6° and 7° of the Bill registered under No. 25.668. Art. 3rd . With the salvedades set out in the previous articles, please fill in, promute and tengase by National Law the Bill registered under No. 25.668. Art. 4° . Note the HONORABLE CONGRESS OF NATION. Art. 5° . Communicate, publish, give to the National Directorate of the Official Register and archvese. . DUHALDE. . Alfredo N. Atanasof. . Jorge R. Matzkin. Aníbal D. Fernández. . Ginés M. González García. . María N. Doga. . Graciela Camaño. . Graciela Giannettasio. . Juan J. Alvarez. . Roberto Lavagna. . Carlos F. Ruckauf.