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

Original Language Title: PREFECTURA NAVAL ARGENTINA REGIMEN DE RETIROS Y PENSIONES EN LA PREFECTURA MARITIMA - Texto actualizado de la norma

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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.

See Background

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

Article 1 ArtículoThe personnel of the Argentine Naval Prefecture, covered by article 20 of Law No. 18,398, shall enjoy the Retirement and Pension Scheme established by this Law.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 2o o (Article repealed by art. 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 3o o (Article repealed by art. 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 4o- (Article repealed by art. 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 5o oThe right to withdrawal exists:

(a) In the Retreat:

1. In the event of unutilization in or for acts of service, any time of computed service, as provided for in article 11, subparagraph (a) of this Law.

2. To be covered by Article 70 of Law No. 18,398, when the requirements must be reinstated in retirement.

3. For other reasons not covered in the preceding subparagraphs of this subparagraph and have computed fifteen (15) years of simple police services.

(b) In the Voluntary Retreat:

For both senior and junior staff, provided that it is at least twenty-five years (25) years of simple police services; at least one (1) year old in grade .a except for officers of the degree of general prefect y and, where appropriate, has fulfilled the service commitment.

(Article replaced by article 2, subparagraph (a) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

Art. 6o o Staff indefectably lose the right to withdrawal:

(a) Whenever their degree, magazine status and computed service time is made unsubscribed to their request.

(b) Where the descent has been ordered as a disciplinary sanction, in any form provided for in article 71 (d) and (e) of Act No. 18,398; however:

1. If the offender computes twenty-five (25) years of simple police services, under the conditions laid down by this law, he shall have the right to have a retirement equivalent to that which he or she has had if instead of being discharged he or she has gone to retirement; in case of conviction for final sentence, absolute disqualification, whether as a principal or accessory penalty, the family members entitled to pension of the convicted person shall be subject to the right of residence.

Retirement calculated in the manner indicated will periodically suffer the subsequent variations in the monthly and general supplements of the degree to which they were calculated. (Apartment replaced by article 2, subparagraph (b) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

2. If the offender does not compute the years indicated in the preceding paragraph, but at the date of his/her release he/she has fifteen (15) or more years of simple police services, the family members of the same shall have the right to have a pension determined in Article 22 (f) or Article 23.(Apartment replaced by article 2, subparagraph (b) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

In addition, the right to retire and to have a pension provided for in paragraphs 1 and 2 above is definitively lost when, in the light of article 23 bis (a) of this law, staff discharged or their entitlements have, as set out in that paragraph, opted for a retirement or pension from the prescribed schemes. (Paragraph incorporated by art. 1 of the Act No. 22.515 B.O. 18/11/1981)

(c) Where in the cases of subparagraphs (a) and (b) above, the years of services provided do not originate from a retirement pension in accordance with the terms of this Law, the simple years of services shall be certified, which shall be computed when the person concerned requests a retirement benefit from any Pension Fund or the eligible family members manage the corresponding pension.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 7o o The calculation of services provided by staff for the purpose of establishing withdrawal shall be carried out in the manner determined by the regulation of this law and in accordance with the following:

(a) For active staff:

1. Simple, in all situations in effective service and availability, according to articles 36 and 39 of Law No. 18,398.

2. Bonded in one hundred percent (100%) for which it is affected to operations arising from the performance of police functions for the prevention and suppression of violations of special rules determined by the established Military Command, when it is affected to the monitoring of ports and navigable pathways, protection of objectives and other activities related to their capabilities, when established by the executive branch. The staff concerned shall be considered in effective service, regardless of the status of the journal. In cases of the application of Article 16 of Law No. 18,398, staff in this situation shall be governed by what is determined for the Argentine Navy.

3. Bonus in the cases and for a hundred are indicated below, with the exception of the staff of students:

3.1. Up to one hundred percent (100%) when services are provided in the Antarctic or south of Parallel 56th S., as determined by the regulation of this law.

3.2. Up to fifty percent (50%) in cases of risky activities, or when services are provided in specified areas or circumstances, as provided by the regulation of this law.

(b) For staff serving in retirement: Simple in all cases. The time to be computed in this situation will increase the corresponding withdrawal, when it ceases to provide services in this condition.

(c) The staff who perform professional functions and who have had to obtain a degree from tertiary, non-university or university level studies, prior to the entry to the Argentine Naval Prefecture, when they go to retirement status, will be computed as years of unified services, for the purpose of the determination of the existence, the entire years that constituted the regular cycle corresponding to the previous studies, according to the time in force. Such computation shall be carried out in the form and extent determined by the regulation of this law. This provision shall not reach staff under Article 81 (e) of Law No. 18,398, except as set out in Article 40 (a) and (e) of the aforementioned. (Replaced by article 2, subparagraph (c) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(d) To establish the years of services provided in the Argentine Naval Prefecture, they shall be computed from the date of entry to the same and to the date of the decree or decision of withdrawal or to the date that they expressly establish.

(e) (Section repealed by article 2, subparagraph (d) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(f) The services provided by personnel of the Argentine Naval Prefecture, who has been transferred to Gendarmería Nacional and subsequently reincorporated, will be computed as simple years of service any of the antiquity that computed in the Argentine Naval Prefecture at the time of their pass to retirement or granting to their entitlements of pension. (Replaced by article 2, subparagraph (e) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(g) (Section repealed by article 2, subparagraph (d) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(h) Bonus services will be valid at the voluntary withdrawal only from the time the offender has served twenty-five (25) years of simple police services and in the mandatory withdrawal, only from the time the offender has served fifteen (15) years of simple police services. (Article 2 (f) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(i) At the same time, staff who are credited to more than one service time bonus will be computed only to the greatest.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 8o o For the purposes of the computation of the service time the six-month or greater-year fraction will be counted as an entire year, provided the causator has the minimum time to have the right to retreat or it will be passed to this situation.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 9o o Whatever the situation of journal that the staff has at the time of their retirement, the withdrawal shall be calculated on the one hundred per cent (100 per cent) of the sum of the general monthly and supplements to which they have the right to the date of their return to retirement status or cease the provision of the services referred to in Article 77 (a) of Law No. 18,398, in the percentages specified in Article 10 of the scale.

In addition, such staff shall receive the same percentage, any other assignment that corresponds to the generality of the staff of the same degree, in activity. The family allowances established by national legislation, as well as the particular supplements and compensation referred to in Act No. 21.033, are excluded for the purposes of the calculation of withdrawal provided for in this article.

(a) The senior and junior staff covered by article 5 of the present Act, which is subject to retirement status, shall be provided with the following retirement:

1. If the person has at the time of his retirement thirty-five (35) years of simple police services or forty (40) computed, of which more than thirty (30) simple or forty (40) years of computed services, having integrated for twenty (20) of these scales or specialties for whose permanence the usual practice of risky activity is required: to have monthly and general supplements of his degree that correspond to the person in each case. In addition, it shall be considered as in effective service, for the purposes of the perception of any other appropriateness, to staff of the same degree in activity, effective service, excluding particular supplements and compensations.

(b) Until the end is fixed, the causator will perceive a provisional having not less than eighty percent (80 percent) of the corresponding one based on the calculation of the years of services he has provided in the Argentine Naval Prefecture.

(c) The withdrawal calculated in the form provided by this law and the assets specified in article 11 shall, at the time that they occur, be subject to the variations that the general budget law of the Nation introduces in the existence of monthly and general supplements of the degree to which they were calculated.

(Article replaced by article 2, subparagraph (g) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

Art. 10. When the graduation of withdrawal of staff is not determined by any other article of this law, it shall be proportional to the time of service according to the next scale and in accordance with the provisions of Article 9.

Years of services

Simple exclusively

Computers (1)

%

%

15

35

35

16

36.5

36.5

17

38

38

18

39.5

39.5

19

41

41

20

42.5

42.5

21

44

44

22

45.5

45.5

23

47

47

24

48.5

48.5

25

50

50

26

54

52

27

58

54

28

62

56

29

66

53

30

70

60

31

76

62

32

82

66

33

88

70

34

94

74

35

100

78

36

-

82

37

-

86.5

38

-

91

39

-

95.5

40

-

100

(1) Computed: total simple years plus total of unified years.

(Article replaced by article 2, subparagraph (h) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

Art. 11. The staff under article 5 (a) of this Act shall be entitled to withdrawal or compensation, as follows:

(a) Senior and Junior staff unused in or by acts of service: the following withdrawal shall be determined:

1. If the unused produces a decrease in service, less than sixty-six percent (66 percent) and as a result it cannot continue to provide services in activity, the maximum monthly and general supplements of the upper immediate grade, any group to which the causator belongs.

There is no immediate higher degree for the grouping to which the causator belongs, you will be reminded to have the full monthly degree, bonused by fifteen percent (15 percent), plus the maximum general supplements of the degree. In both cases, the resulting amount will be reduced according to the next scale, unless, by application of the percentages of Article 10, it is appropriated by a higher amount:

Percent of disability

Percent of retirement

60-65%

90 per cent

50 to 59 per cent

75%

40-49%

60%

30-39%

45%

20-29%

30%

10 to 19 per cent

20%

1 to 9 per cent

10%

2. If the unused produces a decrease in the service of sixty-six percent (66 percent) or greater, as the withdrawal set in the previous section will be added fifteen percent (15 percent). In addition, it shall be considered as an effective service for the purposes of the perception of any other personnel of their degree, in activity, effective service, excluding particular supplements and compensations.

3. If the unutilization, any of the per cent decreases it produces for the service, has originated as a result of a heroic act or arrhyth in compliance with the duty, documented in the manner that determines the regulation of this law, the withdrawal of which prescribes point 2, of this subparagraph.

If the death of the offender occurs as a result of this act and the post-mortem promotion is granted, the latter hierarchy shall be departing for the application of the above provisions and from the day of death.

(b) Unused senior and junior staff outside of service and who do not compute fifteen (15) years of simple police services, shall receive for the sole time the compensation to be determined by the regulation of this law, in accordance with the provisions of subsequent subparagraph (f).

(c) The staff of pupils and sailors of 2nd, who, as a result of acts of service, a decrease of sixty-six per cent (66 per cent) for work in civil life, shall for the sole time be awarded the compensation provided for in the regulation of this Act, as prescribed in the subsequent subparagraph (f).

The staff referred to in subparagraph (b) and present shall not have the right to compensation provided for therein, where the unused person has been intentionally provoked or comes solely from grave guilt or negligence of the offender.

(d) The staff of 2nd pupils and sailors who, as a result of the acts of the service, result in a decrease in work in civil life, from sixty-six per cent (66 per cent) or greater, shall enjoy a share that will be as follows:

1. For students of schools or courses of recruitment of senior staff, the total number of monthly and general supplements corresponding to the lowest grade of the officer hierarchy corresponding to their scalfón, with four (4) years of simple services.

2. For students of schools or courses of recruitment of junior staff, the total number of monthly and general supplements of the 2nd grade with two (2) years of simple services.

3. For the sailors of 2nd., the total number of the monthly and general supplements of the rank of sailor with two (2) years of simple services.

(e) Staff under Article 70 of Law No. 18,398 shall receive a withdrawal equivalent to one hundred per cent (100 per cent) of the monthly and general supplements of their degree and age.

(f) The amount of compensation may not exceed the amount of thirty-five (355) monthly assets of its grade for senior and junior staff. For students of higher recruitment institutes, the monthly level of assistant officer will be considered. For students of junior recruiting institutes, the monthly grade of Cape 2nd will be considered. For the 2nd sailors it will be considered to have the monthly degree of sailor.

(Article replaced by article 2, subparagraph (i) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

Art. 12. It generates the right to pension, the death of:

(a) The personnel of the Argentine Naval Prefecture in activity, superior and junior and students, in any situation of magazine;

(b) The retired staff of the Argentine Naval Prefecture with the right to a withdrawal.

(c) The one who has belonged to the Argentine Naval Prefecture has the right to a retired person in accordance with this law.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 13. The family members of the staff entitled to a pension are:

(a) The wife, or the septuagenary or incapacitated husband definitively for the work, provided that, by virtue of a final judgement issued by a competent authority, he is not de facto separated or divorced because of his fault.

(b) Children and also daughters when they are unmarried, married, extramarital or adoptive, minors, and the elderly permanently disabled for work; or when they are older; single, and up to twenty-six years they regularly undertake tertiary, non-university or university studies.

(c) The daughters born within or outside of marriage or adoptive, who, being single, would have lived with the offender on a regular and continuous basis during the ten years immediately preceding their death or loss under article 6 (b), if they were at that time fulfilled the age of fifty years; or when they were widows, de facto separated or divorced because of the husband ' s exclusive inability to find a firm authority from work.

(d) The grandchildren and also the granddaughters when they are single, orphans of father and mother, have been these last married, extramarital or adoptive children of the causator, minors, and the elderly definitively disabled for work; or when they are older, single, and until the twenty-six years they regularly study tertiary, non-university or university level. If they are orphans of father or mother, they shall also be entitled in all the above-mentioned cases, as follows:

1. If the mother survives, the mother shall have no own means of subsistence, as determined by the regulation of this law.

2. If the survivor were to the father, in addition to the requirement of the previous paragraph, he must be definitively disabled for work.

(e) The widow ' s mother, either de facto or divorced, not because of her fault, and/or the septuagenary or disabled father definitively for work.

(f) A mother who has not entered into marriage or was a widow at the time of the death of the offender or subsequently envious.

(g) Brothers and also sisters when they are single, matrimonial, extramarital or adoptive, minors, or when they are older, single or widowed, are definitively disabled for work. (Replaced by article 2, subparagraph (j) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

For the cases of family members in part two (b), (c), (d), first paragraph, part two, (e), (f) and (g), the amount of pension shall be calculated as provided for in the requirements of articles 22 and 23; however, the sum to be paid to such pensioners shall never exceed the essential portion to cover, in each case, their lack of means of subsistence, the measure and other of which shall be regulated. (Paragraph replaced by article 2, subparagraph (k) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 14. Family members covered by article 13, subparagraph (b) second part, (c), (d) first paragraph, second part and (e) to (g) inclusive, shall have the right to apply as a right to have the following requirements:

(a) They lack their own livelihoods.

(b) Having been totally or partially responsible for the deceased or discharged person under article 6 (b), the death of the person or his/her loss has decreased by (50 per cent) or more his/her means of subsistence even if they may claim food rights to third parties. The requirements of this article shall not apply to the family members of the staff under article 11 (b).

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 15. The relatives of the staff of the Argentine Naval Prefecture, with the sole exception of those referred to in article 13 (e) and (f), intend to exercise their right to a pension in accordance with the situation that exists on the day of the death or of the offender ' s departure, without being able to exercise that right after that time.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 16. The right to a pension is irrevocable for death and, moreover:

(a) For the widow or widower, the day of marriage.

(b) Due to the disappearance of the age or marital status requirements determining the granting and enjoyment of it, from the date on which it occurs.

(c) Children and daughters when they are unmarried, in part 2 (b) of article 13, and grandchildren and also grandchildren when they are unmarried, in paragraph 1 (d), part 2 of the same article, on the day that they are twenty-six years old, or on the date of completion or abandonment of studies if that had occurred before.

(d) For those covered by part two (b), (e), (d) first paragraph, part two and (e) to (g) inclusive of article 13, the day when it is ascertained that they possess sufficient means of subsistence that make the pension unnecessary.

(e) To leave the country without authorization from the competent authority which prescribes the regulation of this law.

(f) For taking religious status and for the duration of such a situation.

(g) For conviction of the penalty of absolute disqualification, as a principal or an accessory, which may be reborn in the case of rehabilitation, in accordance with the provisions of the Criminal Code of the Nation or for condemning the loss of the rights inherent in Argentine citizenship.

(h) For the dishonourable life of the pensioner, verified by administrative information."

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 17. A pension shall be granted and distributed as follows:

(a) The pension shall be granted to family members entitled to it, in the order specified:

1. The spouse in concurrence with children and grandchildren.

2. The spouse in concurrence with children does not exist grandchildren.

3. The spouse in concurrence with the grandchildren, there are no children.

4. The spouse in concurrence with the parents, there are no children or grandchildren.

5. The spouse does not have children, grandchildren or parents.

6. To children in concurrence with grandchildren, there is no spouse.

7. Children are not married or grandchildren.

8. grandchildren do not have spouses or children.

9. Parents are not married, children or grandchildren.

10. To the sisters and/or brothers, there is no spouse, children, grandchildren or parents.

(b) The distribution of the pension shall be made as follows:

1. In the event of a spouse ' s concurrence, children born within the marriage or adoptive and grandchildren, half of the spouse shall be divided between the children by equal share, with the grandchildren the share of the pension that corresponds to them by the right of representation of their parents, although they do not have the right to the same and between them by equal shares. If the concurrence is with extramarital children, they shall be assigned the corresponding portion by analogous application of the provisions of article 8 of Act No. 14.367 and the children of them shall receive in whole the part that their father or mother would have corresponded to him, as expressed in the last part of the preceding paragraph.

2. In the event of a spouse ' s concurrence with matrimonial and/or adoptive children, one half of the spouse shall be given to the spouse and the other half shall be divided equally between the children. Half of the child ' s pension shall be governed by analogous application of article 8 of Act No. 14.367. If the concurrence is only with extramarital children, the summoned half will be distributed among them equally.

3. In the event of a spouse ' s and grandchildren ' s participation, half shall be for the spouse, and the other half shall be distributed among the grandchildren, for example, and, where appropriate, according to the second paragraph of subparagraph (a) of this article.

4. In the event of the spouse ' s attendance and the parents of the offender entitled to a pension, the two thirds (2/3) of the offender ' s existence shall be for the spouse, and the other third (1/3) for the parents.

5. In the event of a spouse ' s concurrence, a pension shall be in full.

6. In the event of the participation of children and grandchildren, the total amount of the pension shall be distributed among them and considering the grandchildren as representing their father or mother, for the purpose of determining the appropriate portion and applying in their case the provisions of article 8 of Act No. 14.367.

7. In the event of marriage and/or adoptive children ' s attendance, the pension shall be divided equally between them. If extramarital children were also to be borne by analogy as prescribed in article 8 of Act No. 14.367.

8. If only grandchildren attend, the total amount of pension will be distributed among them by stretchers and, if any, according to article 8 of Law No. 14.367 and within each stretch by equal shares.

9. In the event of a single parent ' s entitlement to a pension, the amount of a pension shall be in full equal share.

10. In the event of the participation of only sisters and/or brothers entitled to a pension, the pension shall be distributed equally between them.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

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 an absence of presumption of death, temporary pension shall be granted to the offender ' s beneficiaries until the legal status of the offender is clarified and ultimately clarified. Established the death, the pension will become final.

If this situation occurs with any of the beneficiaries, it will be done by analogy. The relevant interim pension shall also be agreed upon after administrative information, when the fact that presupposes the death, in the circumstances in which it has occurred, induces to consider it credible.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 20. The pension shall be settled from the date of death, or from the offender ' s leave, in accordance with article 6 (b), without prejudice to the application of the statutory provisions in the area of limitation, where appropriate. If the right to a pension had originated after the death or loss of the offender, the pension would be settled from the date on which the right to a pension was motivated.

If another family member justified a right to participate in a pension already granted, the benefit shall be granted from the date of submission of his application.

From the time of the death or loss of the offender, eligible family members shall receive a temporary pension not less than 80 per cent of the established calculation.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 21. A pension is unpaid and does not respond to the debts incurred by the offender, except in the cases of food and litigation or obligations for the Nation, whatever the causes. Any pension is personal and will be void the assignment or transfer that is intended to make of it for whatever cause.

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 22. A pension shall be established in accordance with the following requirements, without prejudice to the last paragraph of article 13:

(a) The awards of deceased staff in situations of activity:

1. If there are widows or widowers, children or grandchildren, the Seventy-five per Hundred (75 per cent) of the monthly and general grade supplements.

If the offender, at the date of his death, is in a position to withdraw with the benefits set out in Article 9(1)(a), that percentage shall apply to the withdrawal prescribed by the said subparagraph. (Apartment replaced by article 2, subparagraph (l) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

2. If there is no spouse, children or grandchildren among the pensionable awards, half of the retirement of the spouse if he had retired on the day of his death. If the time of service of the offender is less than 15 simple years, the pension shall be equal to half of the retirement that has been due to him with 15 years of computer services.

(b) The awards of deceased staff in activity, in or by acts of service:

1. If the spouse, children or grandchildren are married, seventy-five (75%) of the retirement of the person set out in article 11, paragraph 1 (a), item 1.2.

2. If the spouse, children or grandchildren are not involved, the fifty per cent (50%) of the retirement of article 11, paragraph 1 (a), item 1.2.

(c) The awards of deceased staff in retirement status:

1. If there are spouses, children or grandchildren among pensioners, seventy-five (75 per cent) of the person ' s retirement benefit.

2. If there are no spouses, children or grandchildren among the pensionable awards, the fifty (50%) of the person ' s retirement.

(d) The awards of deceased staff in retirement status, providing the services prescribed in article 77 of Act No. 18,398 or Decree-Law No. 15.615/57 (Act No. 14,467):

1. If the death was as a result of an act of service, it shall be analogous to what is prescribed in subparagraph (b) of this article.

2. If the death was not as a result of an act of service, it will proceed by analogy to what is prescribed in subparagraph (c) of this article, following a new calculation of the services of the person responsible at the date of his death.

(e) Pupils, 1st Mariners. and Mariners of 2nd., who died as a result of an act of service or when they are covered by article 11, subparagraph (b), shall be entitled to a pension in accordance with the provisions of subparagraph (b) of this article.

(f) To family members entitled to staff under article 6 (2) (b):

1. If there are spouses, children or grandchildren, seventy-five (75%) of the person ' s retirement, if instead of having been discharged, he would have gone to retirement.

2. If there are no spouses, children or grandchildren among the family members, 50 per cent (50%) of the person ' s retirement, if instead of being discharged, he would have gone to retirement.

(g) To the rights of the deceased staff under article 6 (1) (b):

1. If there are spouses, children or grandchildren among the widows, 75% of the pensioners are entitled to the offender.

2. If there is no spouse, children or grandchildren among the awards, 50% of the retirement to which the offender is entitled.

(h) A pension determined in this Article shall be subject to changes resulting from increases or decreases in the monthly and general supplements to the extent to which it was calculated. (Convention of article 2, subparagraph (m) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 23. A minimum global pension is provided to the family members of the staff who fail, or who are discharged in the cases of article 6 (b), without prejudice to the provisions of the last paragraph of article 13, the following:

(a) For the family members of the senior staff, the amount equivalent to Setenta and Five per Hundred (75 per cent) of having monthly and general supplements to the level of Assistant Officer with Four (4) simple years of police services. (Replaced by article 2, paragraph (n) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(b) For the family members of the junior staff, the amount equivalent to Setenta and Five per Hundred (75 %) of the monthly and general supplements of the 2nd grade. with Two (2) simple years of police services. (Replaced by article 2, paragraph (n) Act No. 23.028 B.O. 15/12/1983. Vigilance: from 1 January 1984)

(Article replaced by Article 1 of the Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication)

Art. 23 bis. La The perception of the provision referred to in article 79 (d) of Law No. 18.398 (General Law of the Argentine Naval Prefecture) shall be in accordance with the following conditions:

(a) The perception of withdrawal and the emerging forecast benefits of Act No. 20.572, its amendments and supplements, as well as those resulting from similar provincial or municipal regimes, are not cumulative.

Retired police personnel who find themselves receiving any of the above-mentioned forecast benefits shall have a maximum period of sixty (60) days from the promulgation of this law or from the date granted to it, to choose between such benefit and the withdrawal. In the event that the benefit of the national, provincial or municipal forecasting system is opted, the right to pension of the family members referred to in article 13 of this Act shall also automatically cease. If the offender ' s death occurred while occupying the post whose performance resulted in the national, provincial or municipal forecasting benefit, the time limit of sixty (60) days for the option will be agreed upon to their beneficiaries.

In all cases the option will be definitive. Failure to exercise the same on the part of the offender or his or her beneficiaries, it shall be understood in full that it has been chosen for the civil provision.

(b) Police personnel may accrue to their retirement, an emerging retirement from regimes for self-employed or dependency workers, failing to have the sum of the assets of the accrued benefits, exceeding the maximum monthly and general supplements of the general prefect. To this end, where appropriate, the existence of the civil benefit shall be reduced only until, by adding the withdrawal of the beneficiary, it reaches the limit specified unless that benefit was thus reduced to less than the legal minimum.

In the latter case, the existence of the civil benefit shall be equal to the minimum given by the forecast regime concerned.

(Article 2 of the Article Act No. 22.515 B.O. 18/11/1981)

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

Background

- Article 11 replaced by art. 1 Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication;

- Article 10 replaced by art. 1 Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication;

- Article 9 replaced by art. 1 Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication;

- Article 5 replaced by art. 1 Act No. 20.281 B.O. 27/04/1973. Watch: the first day of the month following the date of the ninety days of publication;

- Article 20 replaced by art. 1 Act No. 18.445 B.O. 19/12/1969;

- Article 7 Expression "in the national administration" replaced by "under other retirement regimes" by art. 1 Decree Law No. 13.645 B.O. 0/11/1957;

Article 20, Subparagraph (c) Derogated by art. 9th of the Decree Law No. 23.896 B.O. 20/02/1957:1 July 1956;