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The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with the Force of Law
MOVILITY OF PRESTATIONS OF THE PUBLIC PREVISIONAL REGIME
CHAPTER I
General provisions
ARTICLE 1 Since the validity of this Act, all the provisions granted under Act No. 24,241, of general national regimes prior to the Act and its amendments, of special regimes repealed, or by the ex-cajas or provincial and municipal foresight institutes whose regimes were transferred to the Nation shall be in accordance with article 32 of Act No. 24,241, and its amendments.
The benefits granted under Act No. 24,241 and its amendments, or under the conditions set out in the preceding paragraph, which are protected by special provisions of readjustment provided for by a judgement handed down in the authority of a matter of trial, shall be in accordance with article 32 of Act No. 24,241 and its amendments, as from the validity of this Act, without prejudice to the enforcement of the court ruling for the periods preceding.
ARTICLE 2 In order to update the remuneration referred to in article 24, paragraph (a) of Act No. 24,241, and its amendments, for those who are deriving from the validity of this Act, the combined index provided for in article 32 of the Act shall apply. The Social Security Secretariat of the Ministry of Labour, Employment and Social Security will establish the mode of application of this index.
Article 3 The reference income set out in article 8 of Law 24,241 and its amendments shall be adjusted in accordance with the evolution of the index provided for in article 32 of the Act, with the periodicity established by the national executive branch.
ARTICLE 4 Replace article 20 of Law 24,241 and its amendments, with the following:
Article 20: The amount of the monthly existence of the Universal Basic Benefits is set out in the sum of VEINTISEIS THREAT PESOS ($ 326).
ARTICLE 5o Article 21 of Act No. 24,241 and its amendments are repealed.
ARTICLE 6 Replace article 32 of Law 24,241 and its amendments, with the following:
Article 32: Mobility of benefits.
The benefits referred to in article 17 (a), (b), (c), (d), (e) and (f) of Act No. 24,241 and its amendments shall be mobile.
The mobility index will be obtained according to the formula approved in the Annex to this Law.
In no case may the application of such an index result in a decrease in the beneficiary ' s perceived existence.
ARTICLE 7 When the actual existence of the forecast benefit is less than the guaranteed minimum, the difference will be settled as a complement, so that the sum of all the components is not less than that.
ARTICLE 8 The minimum guaranteed by article 125 of Act No. 24,241 and its amendments shall be in accordance with the mobility provided for in article 32 of the Act.
(Note Infoleg: by art. 5° of the Resolution No. 176/2017 of the National Social Security Administration B.O. 19/9/2017 it is established that the minimum guaranteed in force from September 2017, established in accordance with the provisions of this article, will be of PESOS SIETE MIL DOSCIENTS ACCENTATIVE AND SEIS WITH SESENTA AND CUATRO CENTAVOS ($ 7,246,64).)
(Note Infoleg: by art. 5° of the Resolution No. 34/2017 of the National Social Security Administration B.O. 10/3/2017 it is stated that the minimum guarantee in force from March 2017, established in accordance with the provisions of this article, will be of SEIS MIL THRESCIENTS NOVENTA and CUATRO WITH OCHENTA AND CENTAVOS CINCO ($ 6,394,85).
(Note Infoleg: by art. 5° of the Resolution No. 298/2016 of the National Social Security Administration B.O. 5/9/2016 is established that the minimum guarantee in force from September 2016, established in accordance with the forecasts of this article, will be of CINCO MIL SEISCIENTS SESENTA AND ONE WITH DIECISEIS CENTAVOS ($ 5.661,16). )
Article 9 The maximum number shall be adjusted in accordance with the evolution of the index provided for in article 32 of Law 24,241 and its amendments.
(Note Infoleg: by art. 6° of the Resolution No. 176/2017 of the National Social Security Administration B.O. 19/9/2017 it is stated that the maximum in force since September 2017 established in accordance with the provisions of this article, CENTAVOS PESOS AND TRES MIL NOVENTA WITH VEINTE CENTAVOS ($ 53.090,20).)
(Note Infoleg: by art. 6° of the Resolution No. 34/2017 of the National Social Security Administration B.O. 10/3/2017 it is stated that the maximum effect of the month of March 2017 established in accordance with the forecasts of this article will be of POSSESSMENTS AND SEIS MIL OCHOCIENTS BARENTA AND NUEVE WITH OCHENTA AND A CENTAVOS ($ 46,849,81). )
(Note Infoleg: by art. 6° of the Resolution No. 298/2016 of the National Social Security Administration B.O. 5/9/2016 is established that the maximum effect of the month of September 2016 established in accordance with the provisions of this article will be from PESOS CUARENTA and a MIL CUATROCIENTS SETENTA and CUATRO WITH SESENTA AND NEW CENTAVOS ($ 41,474,69).)
ARTICLE 10. . Please note that the maximum tax base provided for in the first paragraph of Article 9 of Law 24,241 and its amendments shall be adjusted in accordance with the evolution of the index provided for in Article 32 of the Act.
CHAPTER II
Complementary provisions
ARTICLE 11. Replace article 35 of Law 24,241 and its amendments, with the following:
Article 35: The benefits provided for in article 17 of Law 24,241 and its amendments shall be paid in a coordinated manner with the existence of ordinary retirement or with any of the benefits of Article 27 granted through the Capitalization Regime. The regulations will implement the mechanisms in order to ensure the immediacy and simultaneous payment.
ARTICLE 12. s Replace article 24, paragraph (a), of Law 24,241 and its amendments, with the following:
(a) If all the services with computed inputs are in relation to dependency, the number of services will be equivalent to UNO and MEDIO per CIENTO (1.5%) for each year of service with contributions or greater fraction of SEIS (6) months, up to a maximum of TREINTA and CINCO
(35) years, calculated on the average remuneration subject to updated and perceived contributions and contributions during the period of TEN (10) years immediately prior to the cessation of service. The periods in which the participant has been inactive shall not be computed, and consequently has not received any remuneration.
Please refer to the Social Security Secretariat of the Ministry of Labour, Employment and Social Security to dictate the regulations governing the calculation procedures of the corresponding average.
ARTICLE 13. Replace all references to the Previsional Module (MOPRE) in the existing legal and regulatory provisions, which shall be replaced by a certain proportion of the guaranteed minimum referred to in article 125 of Law 24,241 and its amendments, as appropriate.
The regulation shall have the authority of responsible application to determine the equivalence between the value of the Previsional Module (MOPRE), and that of the minimum guaranteed on the date of validity of this law.
CHAPTER III
Transitional arrangements
ARTICLE 14. The sums to the date of entry into force of this law shall be liquidated as a Mobility Supplement, created by Decree 1199/04 and by the increments granted by Decree 764/06, by article 45 of Law 26.198 and by decrees 1346/07 and 279/08, shall be integrated into the Universal Basic Benefits to the extent necessary to achieve the value mentioned in Article 4 of the Benefit and the Remanent.
ARTICLE 15. The first adjustment on the basis of article 32 and in accordance with Act No. 24,241 and its amendments will be implemented on 1 March 2009.
ARTICLE 16. The regulation shall set the dates from which the different rules included in this Act shall begin to govern.
ARTICLE 17. . Contact the executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO A DAY OF THE OCTOBER MONTH OF THE YEAR DOS MIL OCHO.
_
JULY C. C. COBOS. EDUARDO A. FELLNER. . Marta A. Luchetta. . Juan H. Estrada.
Annex
MOVILITY CALCULE
The adjustment of the assets will be performed semesterly, applying the value of the "m" for the assets to be sold in the months of March and September. The value of mobility will be used to establish mobility "m" calculated according to the following detail: January-June for the adjustment of September of the same year and July-December for the adjustment to apply in March of the following year.
