Retirement Regimen Prison Service - Full Text Of The Rule

Original Language Title: REGIMEN JUBILATORIO SERVICIO PENITENCIARIO - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ESTABLISHMENT FOR ALL PENITENCIAL PERSONAL LEY No. 13,018

ESTABLISHED BY LAW 11.833 THE REGIME OF RETIREMENTS AND PENSIONS FOR THE PERSONAL OF SERVICE

Buenos Aires, September 26, 1947

Article 1 . The staff of the Prison Service of the Nation, covered by Law 11.833, shall enjoy the retirement and pension system established by this Law.

Art. 2° . The withdrawal referred to in the previous article shall be compulsory or voluntary.

Art. 3° de The staff who are in any of the following situations shall be subject to mandatory retirement status:

(a) Have reached the age limit;

(b) Have been declared inept to continue in the exercise of their employment.

Art. 4° , Be subject to age limits, for the purpose of Article 3 (a), the following:

SUPERIOR PLANE

Grades Age limit

Director-General

60 years

Assistant Director-General

60."

Inspector General

58 "

Senior Prefect

56."

Prefect

54 "

Subprefect

54 "

Major warden

52 "

Alcaide

50."

Subalcaide

50."

Principal Deputy

50."

Adjutor

50."

Subadjutor

50."

PLANA INFERIOR

Grades Age limit

Chief Sergeant

50."

Deputy Sergeant

50."

Sergeant Celtic

50."

Corporal guard

50."

Guard

50."

Assistant Guard

45 "

Art. 5° El The right to withdrawal exists:

IN THE RETIRE

(a) When fifteen years of service are completed;

(b) In the event of unutilization in or for acts of service, regardless of computer time;

(c) In the event of non-use outside acts of service, when at least 10 years are completed and subject to Article 10. In the absence of 10 years, only two months ' salary shall be awarded for each year of service, in accordance with Article 9;

IN THE VOLUNTARY RETIRE

(d) When seventeen years of service are completed.

Art. 6° . When the mandatory withdrawal is made without the participant computing the time of services set out in Article 5, subparagraph (a), he shall be entitled to the return of an amount equal to the amount of contributions made with the interest of 3 % capitalized each year. This right is lost when the offender has been separated from the service for the violation of the duties of his or her office, by exoneration given prior summary in form.

Art. 7° . The services provided under other retirement regimes, with the exception of compulsory military service, will be computed for the purposes of withdrawal only when the person is fifteen years old in the Prison Service of the Nation. Except for staff entered prior to the promulgation of the present, which shall only be accredited five years of services in the distribution.

The computation of the "common and privileged services shall be carried out in accordance with the existing legal provisions.

Art. 8° . For the purposes of the computation of the service time the fraction of the year that passes of six months will be considered as an entire year, provided that the causer has the minimum time to have the right to retreat or was passed to this situation.

Art. 9° . Whatever the situation of journal that the staff has at the time of their retirement, it will be computed for the purpose of determining their retirement, the amount of the last salary. Take a salary, the monthly budget allocation, plus the supplements, bonuses, etc., of any kind, for which retirement discounts are made.

Art. 10. El Retirement will be proportional to the time of computed services and will graduate from the amount calculated according to Article 9°, according to the following scale:

Years of services

Upper plan

Lower plan

10

30%

30%

11

34 "

34 "

12

38"

38"

13

42"

42"

14

46 "

46 "

15

50."

50."

16

53 "

55."

17

56."

60."

18

59."

65."

19

62."

70."

20

65."

75 "

21

69."

80."

22

73 "

85 "

23

77."

90."

24

81."

95."

25

85 "

100."

26

88."

27

91."

28

94."

29

97."

30

100."

Art. 11. ), In the case of article 5, subparagraph (b), the withdrawal shall be calculated on the salary:

(a) Absolute inability, 100%;

(b) Partial incapacity, in accordance with the following scale and provided that the application of article 10 does not correspond to a larger allocation:

Loss of one foot, one leg, one arm or one hand

100

%

Loss of index or thumb rights

50

"

Loss of another right hand finger

40

"

Loss of another left hand finger

30

"

Loss of the elder finger of a foot

45

"

Loss of another toe

30

"

Loss of an eye view

80

"

Total ear loss

85

"

Partial ear loss

30

"

Any organic or functional injury that impairs the performance of their employment, but does not prevent another type of work

45

"

For the purposes of the application of the preceding scale, a loss of a member or organ is deemed to be a decrease of 60 per cent of its capacity.

Art. 12. . In cases where the application of Article 11 applies to cadets, the corresponding salary shall be considered for the degree of subadjutor.

Art. 13. En In cases in which, under the provisions of this Act, the right to withdrawal and the death of the participant shall be entitled to a pension:

(a) Widow or widower incapacitated or septuagenary, in concurrence with the offender ' s children;

(b) The children of the offender only;

(c) The widow in concurrence with the parents, provided that they had been in charge of the offender;

(d) Widow or widower incapacitated or septuagenary;

(e) Parents under subparagraph (c);

(f) The sisters of the minor or disabled person of any age who, at the time of the death of the offender, are in a situation of activity or withdrawal.

Art. 14. . The pension will be divided between the widow or widower who is incapacitated or septuagenary, descendants, ascendants or brothers, according to the rules laid down by the Civil Code for the division of inheritance and as if it is a gainful good; among the sons of the offender, the division will be made equally.

Art. 15. La The pension will be liquidated from the date of the death of the offender; it is personal and vital; unbearable and unpaid. Any act contrary to this provision is void.

Art. 16. . The spouse or spouse who are widowed shall not be entitled to a pension if they are divorced because of their fault or because of both. The same will happen if you mediate de facto separation without the will to join, if the separation was attributable to the widower or widower.

Art. 17. La The pension is extinguished:

(a) For the widower, widower, father or mother entitled to a pension, the day she contracted new marriages;

(b) For male children on the day that they are 18 years of age, unless they are disabled for work;

(c) For single daughters, the day they marry;

(d) For single sisters, since they were 22 years old, unless they were incapacitated or since they were married;

(e) For eligible persons who domicil abroad, without permission from the Executive Branch;

(f) For life that is dishonest, vagrancy, de facto marital life or for having been convicted of an offence against property and in cases and limits provided for in articles 12 and 19 of the Criminal Code;

(g) By condemning the right to the main or accessory punishment of absolute disqualification or the loss of the rights of exercise of Argentine citizenship.

Art. 18. . When the right of any of the pension partners is extinguished, the portion of the pension shall be proportionally increased by that of others.

Art. 19 . In the case of the absence of the presumption of death, the right holder shall be granted provisional pension and until such time it is declared judicially, in which case it shall become permanent.

Art. 20. La The pension shall be agreed in accordance with the following provisions:

(a) The amount of the pension shall be 75 per cent of the retirement benefit or the person entitled to the day of his or her death, when his or her amount does not exceed two hundred national currency. In the event that it was greater than this amount, the pension will be 75% on the first two hundred pesos national currency and 50 percent on the surplus;

(b) The entitlements of staff members in a situation of activity who die in or for acts of service shall enjoy a monthly pension equivalent to two thirds of the salary received by the person on the day of his death;

(c) A bonus of 5 % of the pension will be made for each partner exceeding three. The bonus will cease partly or totally by disappearing its foundations.

The amount of the global pension shall in no case be less than one hundred and fifty pesos national currency or more than half of the salary corresponding to the maximum grade of the hierarchical scale.

Art. 21. El The staff covered by this law will continue to contribute to the National Social Welfare Institute with the contributions established to date.

Art. 22. El The executive branch shall deposit monthly in the Bank of the Argentine Nation and in the order of the National Institute for Social Security (Section of Law 4.349), the difference between the amount of the retirements and pensions agreed upon in accordance with the present, and the amount that has been corresponding according to the current law, at the time they are granted.

Art. 23. . The mandatory age-limit withdrawal shall not apply to the staff in the distribution prior to the promulgation of the present law, whereas it does not compute 25 and 22 years of services, the higher and lower floors, respectively.

Art. 24. . The staff who currently has the age limit set for each grade by article 4° and computes 25 years of service in the national administration, if they are 5 years old in the distribution and belong to it, will be made available and must be accepted immediately to the retirement, with corresponding to the last salary.

The Executive Power, by express provision, may exempt from the obligation that precedes staff who deem it essential to maintain service.

Art. 25. . The expenses that demand the fulfillment of the present will be made of general income, with charge to it until it is incorporated into the general budget of the Nation.

Art. 26. todas Defrost all provisions that oppose this law.

Art. 27. . Contact the executive branch.

Given in the meeting room of the Argentine Congress, in Buenos Aires, 18 September, nine hundred and forty-seven.

A. Teisaire Ricardo C. Guard
Alberto H. Reales L. Zavalla Carbó