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University Teaching Staff Retirements And Pensions - Benefits - Full Text Of The Standard

Original Language Title: PERSONAL DOCENTE UNIVERSITARIO JUBILACIONES Y PENSIONES - BENEFICIOS - Texto completo de la norma

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PERSONAL DOCENTE UNIVERSITARIO Law 26.508 Teaching staff at national public universities. Retirements and Pensions. Benefits. Sanctioned: August 20, 2009. Partially promulgated: September 3, 2009.

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

ARTICLE 1 The teaching staff of national public universities, not covered by Laws 22,929, 23.026 and 23,626, are extended to the benefit established by Law 22,929, with the requirements and modalities set out in the following paragraphs:

(a) University teachers who meet the following requirements shall be entitled to regular retirement from university teachers:

1. Having twenty-five (25) years of university teaching services of which ten (10) at least continuous or discontinuous must be at the head of students.

When full periods of the required period of university services cannot be credited, they will be considered common services for the purposes of the provision, governed by the general forecasting regime in force.

2. To have attained sixty (60) years of age for women and sixty-five (65) years of age for men. In both cases, in the face of the employer ' s intimation, university teachers may choose to stay in work for five (5) years more after the sixty-five years (65).

Teachers-researchers under Law 22.929 may opt for the provisions of paragraph 1 of this paragraph, obtaining a monthly basis in accordance with the provisions of this Act.

3. Register the last cessation of your work in university teaching.

(b) The average monthly retirement of teaching staff may not be less than eighty-two percent (82%) of the charge or summarizing of posts, and dedications in accordance with the provisions of Decree 1470/98, held at the end for a minimum period of sixty (60) continuous or discontinuous months of their university teaching career.

Simultaneity allowance for the regular retirement of the general forecast system shall be paid in cases where the teacher does not exceed a maximum of twenty (20) hours. Corresponding in these cases to add 2,733 per cent of the best position performed during sixty (60) months in the entire university service career, for each year of simultaneous teaching services, to the maximum of the percentage indicated. Simultaneity will be in charge of the Special University Teaching Fund. Simultaneous delivery will not correspond when services are simultaneous with others in special regimes.

(c) In cases where services under general and special regimes exist in the determination of benefits, the mobility of the general law shall be applied to the fullness of the initial period. The benefits in which only university educational services are credited and the mobility set out in Act No. 22,929 will apply.

(d) When the application of the present special regime is subject to a lesser existence by a minimum of the general forecasting regime, it will be liquidated according to the minimum amount.

(e) The compatibility or incompatibility of re-entering the activity shall be governed by the provisions of article 34 of Law 24,241.

(f) University teachers shall be entitled to disability retirement, regardless of their age, when they are physically and/or psychically disabled. They shall meet the following requirements:

1. Find yourself in university teaching activity at the time of suffering the conditions that determine their disability.

2. Having a disability rate that exceeds sixty-six percent (66%) of their psychophysical capacity.

3. In the two (2) cases cited in the "a" and "b" subsections of this article no minimum time of service is required.

The disability retirement benefit will be paid in the same way and with the same percentages as the regular retirement benefit.

(g) The entitlements established in the general statutory provision shall be entitled to a pension as provided for in this Act when:

The death occurred while the teacher is in the exercise of the teaching activity, whatever his age or he died having obtained the ordinary retirement or disability under this law.

The pension benefit will be paid in the same way and with the same percentages as the regular retirement benefit.

(h) The application of this special regime is independent of the differential contribution of 2 per cent (2%) that the university professor has made during his work in university teaching.

(i) When the university teaching services, performed by the beneficiary, throw a minor initial that if they did not exist the same in the beneficiary's work history, they may be relinquished for the beneficiary's computation even if they are necessary to meet the requirements of the general forecasting regime. In such cases the beneficiary shall be excluded from the special law. When two (2) special regimes are provided, the beneficiary shall be covered by the most beneficial special regime without the addition of two (2) or more special regimes. Please, for the above purposes, consider the benefits derived from this Act as a special regime other than that set out in Act No. 24.016.

ARTICLE 2 University teachers, under Article 1 of this Law, shall provide a differential fee of two per cent (2%) over the current percentage according to the Integrated Pension and Pension System .Ley 24,241 and its modifications, for this activity, being obligatoryly included in the public forecast system. This differential contribution shall be applied on the basis of the remuneration to be paid for the month following the promulgation of the present measure and shall constitute the Special University Teaching Fund differentiated and independent of the fund provided for in Decree 137/05.

Article 3 The national executive branch shall, within sixty (60) days from the date of its publication, issue the regulations that are necessary.

(Note Infoleg: by art. 8° of the Resolution No. 33/2009 of the Social Security Secretariat B.O. 24/11/2009 states that the forecasting regime established by the present system is governed from 1 October 2009)

ARTICLE 4 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE MONTH OF AUTHORITY OF THE YEAR.

_

JULY C. C. COBOS. EDUARDO A. FELLNER. . Marta A. Luchetta. . Juan H. Estrada.

PERSONAL DOCENTE UNIVERSITARIO Decree No. 1175/2009 Partially apply and Act No. 26.508 is extended.

Bs. As., 3/9/2009

VISTO the Bill registered under No. 26.508, sanctioned by the HONORABLE CONGRESS OF NATION on 20 August 2009, and

CONSIDERING:

That the bill extends to the teaching staff of national public universities, not covered by the National Laws. 22,929, 23.026 and 23,626 the benefit established by Act No. 22,929 (Provisional regulation for scientific and technological researchers), with the requirements of the sanctioned project.

Article 2 of the Draft Law provides that university teachers covered by the rule shall provide a differential indicator of the DOS per SCIENTO (2%) for the current percentage according to the Integrated Pension and Pension System - Law No. 24,241 and its amendments, for this activity, which are obligatoryly included in the public forecast system.

It also provides that the differential contribution includes the Special University Teaching Fund differentiated and independent of the fund provided for in Decree No. 137/05.

The provisions of article 2 of the Bill are contradictory to the provisions of Act No. 26,425 which provided for the unification of the Integrated Pension and Pension System in a single public forecast system called the Argentine Integrated Provision System (SIPA).

That, therefore, it is appropriate to observe in article 2 of the Draft Law the phrases "according to the Integrated System of Retirements and Pensions Le Law 24,241 and its modifications, remaining, for this activity, obligatoryly included in the public forecasting regime"" and "to integrate the Special University Teacher Fund differentiated and independent of the fund provided for in Decree 137/05".

That the proposed measure does not alter the spirit or unity of the Draft Law No. 26.508 sanctioned by the HONORABLE CONGRESS OF NATION.

That the present is dictated in the use of the powers conferred on the NATIONAL EXECUTIVE POWER by Article 80 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1 Note in Article 2 of the Law Bill registered under No. 26,508 the phrases: "...in accordance with the Integrated Pension and Pension System SistemaLey 24,241 and its modifications, for this activity, obligatoryly included in the public forecast system"" and "shall integrate the Special University Teacher Fund differentiated and independent of the fund provided for in Decree 137/05".

Art. 2o With the salvedades set out in the preceding article, please amend, and refer to the National Law Bill registered 26.508.

Art. 3o Note the Permanent Bicameral Commission of the HONORABLE CONGRESS OF NATION.

Art. 4o Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. . KIRCHNER FERNANDEZ. Aníbal D. Fernández. Aníbal F. Randazzo. . Nilda C. Garré. Amado Boudou. Debora A. Giorgi. . Julio M. De Vido. . Julio C. Alak. . Carlos A. Tomada. . Alicia M. Kirchner. . Juan L. Manzur. . Alberto E. Sileoni. . José L. S. Baranao.