Argentine Naval Prefecture Regimen Of Withdrawals And Pensions In The Prefecture Maritima - Full Text Of The Norm

Original Language Title: PREFECTURA NAVAL ARGENTINA REGIMEN DE RETIROS Y PENSIONES EN LA PREFECTURA MARITIMA - 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
LEY No 12.992 Establishes the retirement and pension regime in the Maritime Prefecture.

Buenos Aires, July 3, 1947.

SENADO AND CAMARA DEDIPUTADOS DE LA Nacion ARGENTINA REUNIDOS IN CONGRESO, ETC., SANCIONAN FORCE OF LEY:

Article 1 Artículo Staff in Table A of the General Maritime Prefecture shall enjoy the retirement and pension scheme established by this Act.

Art. 2o o The withdrawal referred to in the preceding article shall be compulsory or voluntary.

Art. 3o o The staff who are in any of the following situations shall be obliged to retire:

(a) Have reached the age limit;

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

Art. 4o — To the effect of article 3 (a), the following shall be established as age limits:

Senior

Grades

Age limits

Inspector General

60 years

Inspector Subprefect

56."

1st subprefect.

54 "

2nd subprefect.

52 "

3rd subprefect.

50."

1st assistant.

50."

2nd assistant.

50."

3rd assistant.

45 "

4th assistant.

45 "

Meritorio

45 "

Sub-alternate staff

Sub-help

50."

Corporals

50."

Marine

50."

Art. 5o o The right to withdrawal exists: In compulsory retirement

(a) When fifteen years of service are completed;

(b) In case of unutilization in or for acts of service whatever the computed time;

(c) In the event of unutilization outside acts of service, at least 10 years are completed and subject to article 10. In the absence of 10 years, only two months ' salary will be awarded for each year of service under article 9;

At the voluntary retreat

(d) When seventeen years of service are completed.

Art. 6o o Where the compulsory withdrawal is made without the participant computing the time of services set out in Article 5 (a), he shall be entitled to the return of an amount equal to the amount of contributions made with the interest of 3 per cent 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. 7o o The services provided in the National Administration, with the exception of the Military Obligatory Service, shall be computed for the purpose of the withdrawal only when the person has served fifteen years of services in the General Maritime Prefecture.

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

Art. 8o o For the purposes of the computation of the time of service 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 is passed to this situation.

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

Art. 10. Retirement shall be proportional to computed service time and shall be graduated from the amount calculated under Article 9, according to the following scale:

Years of Services

Senior

Sub-alternate staff

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''

The withdrawal may not be lower, in any case, to a hundred pesos national currency per month.

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

(a) Absolute inability, 100%;

(b) Partial incapacity, according to the next 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 right thumb or index

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 60 per cent decrease in capacity will be considered as a loss of a member or body.

Art. 12. Where the application of article 11 is appropriate to cadets, the corresponding salary shall be considered for merit.

Art. 13. In cases where 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 shall be divided between the widow or widower who is incapacitated or septuagenary, descendants, ascendants or siblings, according to the rules laid down by the Civil Code for the division of inheritance and as if it were a gainful good; among the sons of the offender the division shall make equal parts.

Art. 15. The pension shall be liquidated from the date of the death of the offender; it is personal and vital; inenajenable or 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. The pension is extinguished:

(a) For the widower, widower, father or mother, entitled to a pension, the day that she enters 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 the single sisters since they were 22 years old, unless they were incapacitated or since they 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 event of the absence of the presumption of death, the right holder shall be granted provisional pension and until such time as the person shall be declared judicially, in which case he shall become permanent.

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

(a) The amount of the pension shall be 65 per cent of the retirement benefit or the person entitled to the day of his or her death, when the amount of the pension does not exceed two hundred national currency.

In the event that the pension is greater than this amount, the pension will be 65% on the first two hundred pesos national currency, and 50% on the surplus;

(b) The entitlements of staff in situations of activity who die in or for acts of service shall enjoy monthly pension equivalent to two thirds of the salary that the offender received on the day of his death;

(c) A bonus of 5 per cent of the pension will be made for each partner exceeding three. The bonus will cease completely or partially by disappearing its foundations.

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

Art. 21. The staff covered by this Act will continue to contribute to the National Social Welfare Institute with the contributions established so far.

Art. 22. The executive branch shall deposit monthly in the Bank of the Argentine Nation and in the order of the National Institute of Social Security (Section of Law 4349) the difference between the amount of the retirements and pensions agreed upon in accordance with the present, and at the time it has corresponded according to the law in force, at the time they are granted.

Art. 23. The expenditure that demands compliance with this law shall be made of general income, with charge to it, until it is incorporated into the general budget of the Nation.

Art. 24. Defrost all provisions that are contrary to this law.

Art. 25. Contact the Executive.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, A VEINTISIETE DIAS DE JUNIO DE MIL NOVECIENTS CUARENTA AND SIETE.

ALBERTO TEISAIRE. . RICARDO C. GUARDO. . HIGH H. REAL. . LEONIDAS ZAVALLA CARBO.

TANTO:

TENSE BY LAW OF NATION, CUMPLASE, COMUNIQUESE, PUBLIQUESE, DESE TO THE GENERAL DIRECTION OF THE NATIONAL REGISTRATION AND ARCHIVESE.

PERON. . FIDEL L. ANADON