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Pensions And Personal Pensions - Full Text Of The Standard

Original Language Title: JUBILACIONES Y PENSIONES PERSONAL FERROVIARIO - Texto completo de la norma

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Law No. 12.825.- Reforms to the Ferroviary Pensions and Retirements Act No. 10.650. de(1)

Buenos Aires, October 14, 1942.

-133,036.-Expte. N°14.078-1942-


The Senate and Chamber of Deputies of the Argentine Nation, gathered in Congress, etc., sanction with force of-LEY:

Article 1.° - Modifícase, as a result of the transcribed text below, the following articles of Law No. 10.650.Article 8.° - The directory shall be governed by the internal regulation that dictates to the effect, and annually shall set its budget of expenditure, which shall not exceed 2.50 or/or the entries for contributions and interests and of the amount of pensions that must be met for the year. This contribution will be exempted from the percentage of 2.50 authorized to support the budget for the cash fund. The General Account of the Nation will control all operations of the box.Article 9.° - The fund of the box shall be formed with the following assignments:

1.° With the contributions of staff collected in accordance with Act No. 9653, until the enactment of this Act;

2.° With the forced discount of 8 or/or on the salaries of persons covered by Article 2.° to be effective from the first day of work, whatever the character of the function they perform, provided that they do not exceed $1,000 m/n. monthly, in which case, the discount shall be made only on the latter amount and with equal percentage to the pensions and pensions in force and to which they are agreed on;

3.° With the amount of the first month ' s payable in twenty-four continuous monthlyities of the person who for the first time enters into the staff of the railway companies or rejoins them, provided that he had not suffered such a discount on the rule of Act No. 10,650 or other establishing a similar provision;

4.° With the difference of the first month of salary, when the employee or worker enters a better rented job or receives an increase in salary;

5.° With the monthly sum that the railway and other companies incorporated into the Act No. 10,650 will make as the only contribution equal to 12 or on the salaries and wages of all its employees and workers, provided that they do not exceed 1,000 m/n. per month ( thousand pesos), in which case the contribution will be paid only on this last amount. The contribution referred to in this subparagraph should also be made by companies with respect to staff engaged by contractors. The staff of the case is responsible for the same;

6.° With the remnant that currently exists accumulated and the one that would henceforth come from the increase in tariffs authorized under Article 59, after the companies have paid the contribution referred to in paragraph 5.

7. With the amount of the amounts paid other or unclaimed by the public within the end of one year, the rights of the shippers are prescribed by the end of the term;

8.° Fines imposed under this Act;

9.° With donations and legacies made to the Fund;

10. With the interests of accumulated funds.Article 12. - All funds of the Fund shall be placed in special account at the Banco de la Nación Argentina, except for the amounts set by the Board, as indispensable for current payments. Such funds shall be invested, after the Board resolution in each case, in the acquisition of national income titles or that have the subsidiary guarantee of the Nation, so that they produce the greatest interest and the most frequent capitalization; and both the income of these titles and the transactions of their purchase or of their sale shall be exempt from any tax. They shall also be exempt from payment of any tax the income of the titles currently in the possession of the Fund and of those acquired in the future. Up to 40 o/or such funds may be capitalized on mortgage loans in cash, not more than twenty thousand pesos national currency ($ 20,000 m/n.) to employees and workers beneficiaries of this law who for at least five years have provided services, to an interest that does not exceed

of 1 or on current, of national income titles and combined with temporary life insurance, for the decreasing amount owed.- Insurance for this purpose and fire insurance shall be exempt from any tax.

The Fund is authorized to organize a special section for the holding of these insurances;

Article 13.- These mortgage loans shall be governed in accordance with Laws Nos. 8,172 and 10,676, under the terms of those authorized by Article 2.°, paragraph 2.°, letter h), except in the following points:

(a) The Fund may agree on loans up to the total value of the property when that value does not exceed six thousand pesos national currency ($ 6,000 m/n); up to 90 or/or when it is ten thousand pesos national currency ($ 10,000 m/n.) as high and 80 or/or when it exceeds this amount;

(b) The Fund may establish differences in interest, in the amount and time of loans, within a maximum of thirty years, according to scales proportional to the value of valuation of the properties and the amount of salaries tending to the promotion of small housing;

(c) The service of loans may not be recharged in more than 5 or/or for administration and writing costs;

(d) In the event of the death of the debtor employee of the loan, the Fund shall apply the amount of the life insurance to the cancellation of the loan, interest and outstanding expenses. If the property remains in condominium between the widower or widower and heirs of the offender, the surviving spouse and heirs may not be forced into their division, and if both spouses die, the children may not be divided into the condominium of the good while there are minors;

(e) In the event of an employee ' s retirement, the Fund shall retain monthly of its amount, the corresponding amount for the loan service and the insurance premium.

Article 15.- Property affected by mortgage obligations derived from this law may only be executed under the conditions and under the requirements set out in Laws Nos. 8.172 and 10.676, except as regards the bases and advertising of the auction that may be established by the regulations issued by the Board of the Fund, with the approval of the Executive Branch.

Article 17.- The amount of ordinary retirement shall be established on the basis of the average monthly salary that the employee or worker has received during the last fifteen years of service and for which he has made the contributions. This average will be subject to the following scale:

1.° Up to $100 m/n. salary, 92 or/or

2. ° Drop between $100 and $300 m/n. $ 92 m/n. plus the 78 o/or difference between $100 and $300 m/n.

3.° Drop between $300 and $1,000 m/n, $248 m/n. plus 70 or/or the difference between $300 and $1,000 national currency;

It will be considered an integral part of the salary or salary, for the purposes of the discount and retirement, the locative value of the househabitation, which the companies provide to certain employees and workers, or, in their absence, the excess that they assign to them for that same purpose.

Article 18.- Corresponds regular retirement under the conditions set out in the previous article:

1.° Integrates, the employee or worker who has provided 32 years of service, fifty-five years of age.- If the participant has served for a longer period, he or she may make up for the excess of services for the time he or she is lacking to meet the age indicated above, in two years more services for a lesser age.

2.° Reduced, in a 4 or/or for each year of service and age that is lacking to reach the limits set in the preceding paragraph, to the employee or worker who having served thirty years of service at least, is over fifty years of age and less than fifty-five and wishes to retire.

Article 19.- The amount of disability retirement shall be established on the basis of the average monthly salary that the employee or worker has received most of the time computed and for which he has made the contributions subject to the regular retirement scale at a rate of three with five (3.5 or/or) per cent of the amount of such retirement for each year of service up to its maximum.

Article 20. Retirement for disability under the conditions set out in the previous article;

1.° The employee or worker who after fifteen years of service was declared physically or intellectually unable to continue in the exercise of his employment or another compatible with his usual activity or proven preparation. In order to be entitled to the benefit mentioned in this subparagraph, at least three years of services are required to be continuous;

2.° Any employee or worker who, regardless of the time of service rendered, is permanently disabled in an act of service and for obvious and exclusively imputable cause in the same service. In this case the amount of retirement may not be less than that of ten years of service.

Article 26.- For retirement purposes only actual services will be taken into account even if they were discontinuous during the number of years required. When the retribution of the work has been total or partly by jornal, a year of service will be computed for every two hundred and fifty days of effective work, and if it had been per hour, the number of hours will be divided for eight to establish the number of days of effective work, not being able to comput more of services than it may be, between the dates considered according to the timetable.

Article 28.- Retirements for invalidity will be agreed on in all cases on a provisional basis, and the beneficiaries will be subject to periodic medical examinations provided by the Board of Directors.If the box resolves that the employee or worker has regained their capacity for work, the companies will have to re-submit it again within the ninety-day period, due to retirement until re-employment.

Article 30.- Only those who have obtained regular retirement can return to the railway service. In this case, the retiree will cease in the retirement enjoyment and will only receive the salary assigned to the new employment. Abandoned this one, he will return to retirement without being able to lodge any claim to be increased.

Article 38 (third subparagraph).- The above-mentioned persons shall also be entitled to a pension if the offender dies in the exercise of his or her office and provided that he or she has more than fifteen years of service.

Article 40. The amount of the pension will be equal to 70 or/or retirement, when the amount of the pension does not exceed one hundred pesos. If it exceeds, it will be equal to 50 or/or retirement, but in such case it will not lower than seventy pesos. Half of the pension shall be of the widow, if the children or the parents of the offender are granted; the other half shall be distributed among them per capita; in the absence of parents and children, the entire pension shall be for the widow.

In the cases of section 39 (1) and (2) (2), if the right to a pension of any of the persons referred to therein is extinguished, the portion of the same shall successively increase to the surviving children or spouses, covered by the benefits of this law.

Article 48. In no case shall services be computed after the promulgation of this law for which the corresponding contributions have not been made at the time of the collection of their assets, nor shall the formation of office be permitted when requesting any benefit.

Employees and workers who have not been discounted during the total or part of their service delivery or of their salaries shall have the one-year period since the promulgation of this law to request from the box the formation of the respective position. This charge will be made on the basis of eight percent of the salaries received with more the interest of four percent capitalized quarterly. The total charge shall be paid within a period not exceeding five years and the services shall be computed in proportion to the sum amortized.

When the employee or worker has to interrupt his or her duties to perform compulsory military service, the time spent in such military service shall be computed provided that the person concerned terminated such service is reinstated to a company covered by the law pensions and employee pensions

and request, within the year of its reinstatement, through it, to pay the contributions referred to in Article 9.° and 5.° of this Law, without interest. Payment of the resulting debt shall be made within a period not exceeding three years.

Article 59.- For the purposes of the contribution of the companies, they will increase their rates, agreeing with the Ministry of Public Works, through the General Directorate of Railways, the proportion necessary to satisfy the contribution that they have respectively, opening a special account, whose movement must make known to the said address, which will be examined and formed by it for the purposes of article 54 of Law 10,650.

Railroad companies that are not governed by Articles 8.° and 9.° of Law 5315 and which have a different tariff regime than that established by law may also increase them to the limits authorized by it, thus subject to the provisions contained in the aforementioned articles.

After the end of each year, the surplus to the special account shall be entered into the Fund, becoming part of the Fund, as determined in Article 9.° 5.

Article 60.- The Fund shall formulate a census of employees covered by this Act and a mathematical study on the basis of the actuarial technique, within five years of the date of the enactment of this Act.

Art. 2.° - From the promulgation of this Act, the Board of the Fund shall agree on the benefits only in cases where the conditions stipulated in this Act are accredited.

The benefits in force shall be adjusted in accordance with the provisions of this law.

When the current retirement is less than fifty pesos, the same amount will be paid, but if it reaches that amount or exceeds it, the percentage corresponding to this law will be paid with a minimum of fifty pesos.

The sums paid more during the time required for the realignment of the benefits in force will be discounted up to ten months.

Art. 3.° - Authorize the Board of the Fund to implement the personal legajo, in accordance with the regulations to be issued for that purpose, which shall be subject to the approval of the Executive.

Art. 4.° - Default of Article 3.° of Law 10.650.

Art. 5°. - Contact the executive branch.

Given in the meeting room of the Argentine Congress in Buenos Aires, 30 September 1942.



E. Fernández Guerrico

L. Zavalla Carbó

Registered under No. 12.825.


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