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The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc.
sanction with force of law:
ARTICLE 1 Amend article 1 of Act No. 19,032, which shall read as follows:Article 1: The National Institute of Social Services for Jubilee and Pensione shall be established, which shall function as a legal person of non-State public law, with financial and administrative individuality, in accordance with the rules of this law.
Its action is subject to the Comptroller of the Syndicature that is instituted within it, leaving its external audit by the General Audit of the Nation.
The Institute mentioned in this article is not included in Law 23.660, and therefore it does not integrate or integrate the redistribution solidarity fund. ARTICLE 2 Amend article 2 of Act No. 19,032, which shall read as follows:Article 2: The Institute shall, by itself or by third parties, accord to retirees and pensioners of the national insurance system and the Integrated Pension System and their primary family group, health and social benefits, integral, integrated and equitable, aimed at the promotion, prevention, protection, recovery and rehabilitation of health, organized in a particular model that is based on criteria of solidarity, effectiveness and efficiency,
Such established benefits shall be regarded as services of public interest, the resources for their financing being intangible.
The Institute may not delegate, assign or otherwise transfer to third parties the driving, administration, planning, evaluation and control functions assigned to it by this Act. Any act, disposition or omission by its authorities that violates this statement shall be declared void of absolute nullity.
The Institute may not be reached by legal instruments providing for its regulated deregulation or competence. Article 3 Amend article 5 of Act No. 19,032, which shall read as follows:Article 5: The government and administration of the Institute shall be in charge of a National Executive Board (D.E.N.) and Local Management Units (U.G.L.)
The D.E.N. will consist of eleven (11) Directors: seven (7) representing the beneficiaries of the Institute, two (2) representing the active workers and two (2) representing the State.
The appointment of directors on behalf of the beneficiaries shall be made by indirect choice, within the Federal Council for Social Services for Retired Persons and Pensioned Persons established by article 15 bis of this Act.
The directors representing the active workers shall be appointed on the proposal of the national workers' centers with a trade union.
Directors representing the State shall be appointed by the National Executive.
His President shall be elected from among the Directors representing the State.
The members of the D.E.N., with full dedication in the performance of their duties, shall enjoy the remuneration established by the budget, and shall last in the same four (4) years. They shall cease in their functions for the expiry of the mandate, waiver, removal with just cause or judicial provision.
To be a member of the D.E.N., representing the beneficiaries and active workers, their members must meet the following requirements:
(a) Being Argentine, native or naturalized and older.
(b) Idoneity to carry out its functions.
(c) To be a beneficiary of the Integrated System of National Retirements and Pensions or an active worker proposed by the national workers ' centres with a trade union.
(d) No dependence on the Institute.
(e) Do not have a criminal record, or have been convicted in any criminal case.
(f) Do not exercise another function incompatible with this Institute, of a borrowing nature or of professional representation linked or related to it.
(g) Do not maintain a relationship, direct or indirect link with lenders, effectors or third parties, whether natural or legal, public or private, who maintain a borrowing relationship with the Institute.
To be a member of the D.E.N., representing the Executive Branch its members must meet the following requirements:
(a) Being Argentine, native or naturalized and older.
(b) Idoneity and technical capacity to perform its functions.
(c) No dependence on the Institute.
(d) Do not have a criminal record, or have been convicted in any criminal case.
(e) Do not exercise another function incompatible with this Institute, of a borrowing nature or of professional representation linked or related to it.
(f) Do not maintain a relationship, direct or indirect link with lenders, effectors or third parties, whether natural or legal, public or private, who maintain a borrowing relationship with the Institute.
Each Director may designate a maximum of two (2) probationary advisers, whose fees shall be included within the budget provided for by the D.E.N., and may not be incorporated into the permanent plant of agents of the Institute, ceasing in their functions the finalization for any reason of the Director ' s mandate assigned to them, without the right to compensation.
Local Management Units (U. G.L) will replace the current Regional Delegations; it will be headed by one (1) Local Executive Director selected by competitive examination and appointed by D.E.N.
The local Executive Directors will have full dedication in fulfilling their functions.
The local Executive Director shall meet the following requirements:
(a) Being Argentine, native or naturalized and older.
(b) Idoneity for the performance of its functions.
(c) Do not have a criminal record, or have been convicted in any criminal case.
(d) Do not exercise another function incompatible with this Institute, of a borrowing nature or of professional representation linked or related to it.
(e) Do not maintain a relationship, direct or indirect link with lenders, effectors or third parties, whether natural or legal, public or private, who maintain a borrowing relationship with the Institute.
ARTICLE 4 Amend Article 6 of Act No. 19,032, which shall be read as follows:Article 6: The National Executive Board shall have the following obligations and shall exercise the following powers:
(a) Manage the funds and assets of the Institute, in accordance with the benefits and services requirements of the different regions.
(b) Formulate and design global health and social policies, ensuring equity in the quantity and quality of the services offered by the Institute throughout the national territory, coordinating the planning of the Institute ' s policies with the respective jurisdictional health authorities. It should also resolve the proposals made by Local Management Units within the framework of policies
traced by the Institute.
(c) To exercise the overall administration of the Institute, assimilating for itself the criteria of financial administration and control systems governing the national public sector, according to which it must dictate the regulations necessary to regulate the relationship between the Institute and its staff .guaranteing the administrative career and training programs in all its areas.; with the affiliates and third parties; with the jurisdictional health authorities for the purpose of articulating actions in the matter;
(d) Establish and control the benefits administratively and technically, regulate their modalities and beneficiaries and establish, where appropriate, the corresponding tariffs.
(e) To have regular and extraordinary inspections, audits, loan controls of all lenders through the Institute ' s agents specifically trained and authorized to designate for this purpose.
(f) Develop the annual budget, and forward it for your knowledge to the Executive and the National Congress.
(g) Make within three (3) months of the end of the exercise, a memory, the balance sheet and the results of the exercise, and raise them to the knowledge of the Executive and National Congress.
(h) To establish a sanctions regime for service providers, without prejudice to the administrative or judicial channels that may correspond.
(i) Dictate regulations governing the relationship between affiliates and Institute, establishing a regime of sanctions against the latter.
(j) Create technical advisory commissions, and designate their members.
(k) Dictate the status and scale of staff, promoting the re-engineering of human resources by adapting them to regional needs, ensuring their administrative career.
(l) Name, remove and promote personnel.
(m) Buying, taxing and selling goods, managing and hiring loans, holding all types of reciprocity contracts and agreements or providing services with national, international, provincial, municipal or private entities.
(n) To hold, as a measure prior to any procurement and depending on the amount, price contest or public tender.
(o) Determine the minimum amounts of the contracts, so that the public tender for its award is required.
(p) Accept subsidies, legacies and donations.
(q) Request from the President of the D.E.N. reports on the administrative acts that the D.E.N. carries out in compliance with its functions.
(r) Adopt the conventions to be held by the President in compliance with his duties.
(s) Instituting new social services aimed at ensuring a better quality of life for affiliates, regulating their nature, when reasons of necessity, manifest economic incapacity and urgency merit their granting.
(t) Resolve the resources or claims that involve the staff of the Institute, affiliates or third parties, against decisions of the Board.
(u) Dictate all necessary resolutions and acts of disposition for the best performance of their functions.
(v) You will need to make management commitments with the U.G.L., setting goals to meet and/or reach by local directors, setting for time-frames.
ARTICLE 5o Add as Article 6o bis of Law No. 19.032, the following:Article 6 bis: Local Management Units shall have the following functions and obligations:
To act as the implementing unit of all the programmes implemented by the Institute, developing proposals and programmes for the jurisdiction, based on the socio-demographic, epidemiological factors, rates of estimated use and costs of each jurisdiction according to the standards established by the D.E.N., assuming the responsibility of keeping to that end updated the list of affiliates of its coverage area:
(a) To propose to the D.E.N. the planning of institutional activities and the annual budget for its operation, raising the memory, balance and results account to the D.E.N., and reports on the staffing requirements for the U.G.L. and on the administration of the human resources of the unit.
(b) To promote agreements and lending contracts within the framework of the decentralization guidelines set by the latter, and may agree to the integration with other U.G.L. of regions for the best implementation of these purposes.
(c) Conduct administrative, technical-legal and budgetary audits, raising D.E.N. reports, regardless of the scope of the control system established by D.E.N.
(d) Take all measures to ensure the normal functioning of the U.G.L.
(e) Each four months shall present an economic and cost-effectiveness of the actions during that period, as agreed in the management commitment.
In each U.G.L., an Advisory Council shall operate in accordance with article 11, which shall be honorary and consultative.
Its functions are:
(a) Develop loan proposals and programmes for the U.G.L.
(b) To advise the local Executive Director without a binding character.
(c) Conduct all necessary actions to ensure the quality and transparency of management.
ARTICLE 6 Amend article 8 of Act No. 19,032, which shall read as follows:Article 8: The Institute shall have the following resources:
(a) The contribution of the beneficiaries of the National Social Security Administration and the Integrated Pension and Pension System (SIJP), whether or not they have a family group calculated on the assets of the benefits, including the supplement, equivalent to three per cent (3%) to the amount of the minimum and six per cent (6%) of what exceeds that amount.
(b) The contribution of the beneficiaries of the National Social Security Administration (Ex Caja de Jubilaciones para Trabajadores Autónomos), and SIJP (Ex Former Self-employed Workers), whether or not they have a family group, of six percent (6%) calculated on the assets of the benefits, including complementary.
(c) The contribution of self-employed workers in activity of 5 per cent (5%) of the amount corresponding to their category in accordance with the provisions of Act No. 24,241.
(d) The contribution of staff in activity under the national pension and pension system of three per cent (3%) of their remuneration in accordance with the provisions of Act No. 24,241.
(e) The contribution of employers under the national pension and pension system, consisting of two per cent (2%) of the remuneration to be paid to their workers.
(f) The contribution that the national executive branch establishes for the affiliates referred to in art. 4th of the present law, which shall not be less than the average per capita than the Institute erogue per participant and dependants.
(g) The production of the tariffs it collects for the services it provides.
(h) Donations, legacies and subsidies you receive.
(i) The interests and incomes of the assets that make up such assets and the sale of such goods.
(j) All other income compatible with its nature and purposes.
(k) The contributions of the Treasury that determines the National Budget Law for each annual period.
Resources not invested in an exercise will be transferred to the next.
ARTICLE 7 Amend article 9 of Act No. 19,032, which shall read as follows:Article 9: The contributions set out in subparagraphs (a) and (b) of the preceding article shall be deducted by the National Social Security Administration from the assets of the beneficiaries and transferred to the Institute directly and automatically.
The contributions and contributions set out in the preceding article (c), (d) and (e) shall be paid by their obligation in the same way and date as the contributions and forecast contributions, and with their accessories, shall be transferred to the Institute directly and automatically by the AFIP or agency that replaces it.
The Institute shall monitor, in the relevant agencies, the amount collected for contributions and contributions that make up its assets, as well as the manner in which they are transferred to it.
ARTICLE 8 Amend article 10 of Act No. 19,032, which shall read as follows:Article 10: The Institute ' s administrative and operating expenses budget shall not exceed eight (8) per cent of its total resources.
Article 9 Amend article 11 of Act No. 19,032, which shall read as follows:Article 11: Current accounts necessary for the development of the Institute shall be opened only in official financial entities.
The surplus funds will be invested exclusively in fixed-term deposits at the Banco de la Nación Argentina, in conditions that ensure the maximum interest in phased maturity.
The Institute shall operate with official financial entities, except for loan management.
ARTICLE 10. Replace section 15 of Act No. 19.032 with the following: Article 15: Refer to the Syndicature of the National Institute of Social Services for Retired and Pensioned, which shall be chaired by three (3) Trustees appointed by the national executive branch, having to own titles of National Public Accountant, Doctor and Lawyer, respectively, and have more than ten (10) years of age in registration. The Institute ' s trade union shall have the following functions: (a) To tax effective compliance with this law. (b) To issue opinions on the memory, balance and accounts of the outcome that must be submitted to it, and any other management on which its opinion is sought. (c) To inform external control agencies of any observations or objections that had been raised before the D.E.N. had not found a satisfactory response on the part of the D.E.N. (d) To monitor the administration of the Institute and the full performance of the functions conferred upon the D.E.N. and the U.G.L. (e) Demonstrate on the recruitments of the Institute. (f) To intervene and to take note of all the acts of the Institute, having to attend the meetings of the D.E.N. in whose records the views expressed by the Synthesis shall be recorded. (g) To submit an annual report on the work of the Syndicate to the Ministry of Health of the Nation and the General Audit of the Nation. (h) To request the Presidency of the Institute ' s D.E.N. to convene the Board of Directors, where, in its opinion, the urgency or seriousness of matters to be considered as required. They will last for two (2) years, and may be appointed for a new period. ARTICLE 11. Add as article 15 bis of Law No. 19.032 the following:Article 15 bis: Créase el Consejo Federal de Servicios Sociales para Jubilados y Pensionados, to be chaired by the President of the D.E.N. The Council shall be composed of six (6) representatives, three (3) holders and three (3) alternates, by each Local Management Unit, elected by the secret and direct vote of the affiliates to the Institute, considering the U.G.L. as a single electoral district and taking as an electoral register the members of the Institute with a domicile in the reference jurisdiction. The distribution of the charges will be carried out by applying the proportional distribution system with a D formulaHont coefficient.
The candidates shall be nominated by representative entities of the passive sector, with legal status granted.
It will have the functions of selecting the representatives of the beneficiaries who integrate the National Executive Board, analysing the integral functioning of the Institute throughout the country, proposing to the D.E.N. actions to guarantee the quantity and quality of the benefits, safeguarding their equity throughout the national territory.
The fees will be fees and the operating expenses for its operation will be charged by INSSJP, having to be incorporated into its budget as the D.E.N. rule.
The members of the Federal Council for Social Services for Jubilee and Pensionees, with the exception of those designated as National Executive Directors, shall in their jurisdictions of origin constitute an Advisory Council of the respective U.G.L. that represents the interests of the beneficiaries.
The seven (7) representatives of the beneficiaries who are members of the National Executive Board shall be appointed each by understanding the different jurisdictions according to the following payroll:
| I: | City of Buenos Aires |
| II: | Province of Buenos Aires |
| III: | Santa Fe |
| Between Rios | |
| Current | |
| Missions | |
| IV: | Córdoba |
| Santiago del Estero | |
| V: | Formosa |
| Chaco | |
| Jujuy | |
| Balance | |
| Tucumán | |
| Catamarca | |
| VI: | Mendoza |
| San Juan | |
| San Luis | |
| La Rioja | |
| VII: | The Pampa |
| Black River | |
| Neuquén | |
| Chubut | |
| Santa Cruz | |
| Tierra del Fuego, Antarctica and | |
| South Atlantic |
When the replacement of the Director of each jurisdiction is made, the new nomination shall be borne by a beneficiary corresponding to another Province of the same, until the end of the issue; and it begins again.
ARTICLE 12. Add as article 15 ter of Law No. 19.032 the following:Article 15 ter: The Congress of the Nation, on the proposal of the General Audit of the Nation, may, by law, provide for the intervention of the Institute against situations of serious institutional deterioration that justify it. This intervention may not exceed one hundred and eighty (180) days or be extended.
ARTICLE 13. Add as article 17 bis of Law No. 19.032 the following:Article 17 bis: INSSJP, in order to ensure the proper execution of its budget and to reconcile the expected results with the available resources, must achieve the balance between its operating expenses and the resources provided for in its budget, programmed for this purpose the physical and financial performance of the budget.
Transitional arrangements
ARTICLE 14. The National Executive Power shall, within a period of one hundred and eighty (180) days, carry out all the proceedings aimed at completing the call for elections provided for in this Law for the purpose of the effective standardization of the Institute within the specified time limit. ARTICLE 15. The Institute pursuant to article 8 of the present Law shall adjust its administrative expenditure schemes in a period not exceeding three (3) years from the publication of the present. ARTICLE 16. The National Executive Branch should have the necessary means to establish the debts that the Institute had on 30 June 2002. Creditors must report their debts to the Board with 4 (four) months in advance, in order to define their actual amount. The Board of Directors shall:(a) Prepare fiscalized report by both SIGEN and AGN, with favorable views from both these agencies and the internal control bodies of the Institute.
(b) Publish your results for two days in the Official Gazette.
The National Executive and INSSJP may constitute a Trust Fund administered by an official financial entity to settle the debts that comply with the procedure set out in this article.
The Trust shall be integrated with the following resources:
(a) A percentage of the excess of the collection provided for in article 80 of Law No. 19.032, which exceeds 200 (two hundred) million pesos per month.
(b) Contributions from General Income established in the Budget Act of each year.
ARTICLE 17. . Contact the executive branch. IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE JULY OF THE YEAR DOS MIL DOS.# 25,615 EL
EDUARDO O. CHANGE. . PEDRO SALVATORI. . Eduardo D. Rollano. . Juan C. Oyarzún.
NOTE: The bold texts were observed.
