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Provident Regime for the Staff of the Civil Aviation and Related Merchant Marine

LEY 13.498

Sanctioned: September 30-1948.

Promulgated: October 16-1948.

WHY:

The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., strongly sanction LEY:

ARTICLE 1 - Amend Law 12.921, Decree 6.395/46, in the following articles:

Art. 39. - For services prior to the validity of Act No. 12,612, or, in the case of Act No. 12,921, Decree 6.395/46, and whose computation is necessary to reach the minimum age, shall be made in accordance with the following scale and on the basis of the average salary of the first twelve months of contribution to the section or, in its absence, of the last twelve months preceding:

Years of Salaries

average

1.47 For 1 enlightened breadwinners.

For 2 pacemakers, 2,43

3,36 For 3,36

For 4 enlightened breadwinners.

5,20 For 5 pacemakers gaining momentum.

For 6 pacemakers.

For 7 inclusiveness of the sacrifice,

For 8 pacemakers who need to become the breadwinner.

For 9,85

For 10 pacemakers engaged in the effort to gain momentum.

For 11 pacemakers becoming conscious.

For 12 pacemakers who become the breadwinner.

For 13 pacemakers who become the breadwinner.

For 14 pacemakers becoming conscious.

For 15 pacemakers gaining momentum

For 16 enlightened breadwinners, 60

For 17 inclusiveness of the breadwinners.

For 18 pacemakers who become the breadwinner.

For 19,81

For 20 pacemakers gaining momentum.

For 21 pacemakers engaged in the effort to gain momentum.

22,27 For 22 inclusiveness of the breadwinner,

23,49 For 23 enlightened sacrifices.

For 24 pacemakers gaining momentum.

For 25 pacemakers engaged in the process of becoming conscious.

For 26 enlightened breadwinners engaged in the effort to gain momentum.

For 27 enlightened breadwinners.

For 28 pacemakers gaining momentum.

For 29 inclusiveness of the breadwinners.

For 30 pacemakers gaining momentum.

For 31 innovation, thereby becoming conscious.

For 32 enlightened breadwinners engaged in the effort to gain momentum.

For 33 inclusiveness, 18

For 34 inclusiveness of the breadwinners.

For 35 and more enlightened people become conscious.

Art. 40. - A charge equal to that of the previous article shall be paid for the respective employer contributions.

Art. 49. - To obtain full ordinary retirement is required: (a) To have rendered thirty (30) years of computable services and to be fifty (50) years old;

(b) For the shipped and aircraft personnel, and for the workers snipers

of wineries and cold chambers, have provided twenty-five (25) years of services and have forty-five (45) years of age. In the case of the provision of mixed services, the respective compute shall be made in proportion;

(c) For female staff, have provided twenty-seven (27) years of service and forty-seven (47) years of age.

Art. 51. - The monthly full ordinary retirement shall be calculated on the average of five (5) calendar years in which the participant has received more remuneration, including the periods of seniority without the effective provision of services referred to in article 25 and according to the following scale:

(a) Average salary up to five hundred pesos ($ 500-), ninety-two percent (92 percent);

(b) Of more than five hundred pesos ($ 500.-) up to one thousand pesos ($ 1,000), four hundred sixty pesos ($ 460.-) plus eighty percent (80 percent) between five hundred pesos (weights 500.-) and the surplus;

(c) Over a thousand pesos (weights 1,000.-) up to one thousand five hundred pesos ($ 1,500.-), eight hundred sixty pesos ($ 860.-) plus seventy percent (70 percent) between a thousand pesos (weights 1,000.-) and the surplus;

(d) Of more than one thousand five hundred pesos ($ 1,500.-) up to two thousand pesos ($ 2,000.-), one thousand two hundred ten pesos ($ 1,210.-), plus sixty percent (60 percent) between one thousand five hundred pesos ($ 1,500.-) and the surplus;

(e) Over two thousand pesos (weights 2,000.-) up to three thousand pesos ($ 3,000.-), one thousand five hundred ten pesos ($ 1,510.-) plus forty percent (40 percent) between two thousand pesos ($ 2,000.-) and the surplus;

(f) Of more than three thousand pesos (weights 3,000.-) up to five thousand pesos ($ 5,000.-), a thousand nine hundred ten pesos ($ 1,910.-) plus thirty percent (30 %) between three thousand pesos ($ 3,000.-) and the surplus;

(g) Of more than five thousand pesos (weights 5,000.-), two thousand five hundred ten pesos ($ 2,510.-) plus twenty percent (20 percent) between five thousand pesos ($ 5,000.-) and the surplus.

Art. 54. - Affiliates who credit more than 20 years of services may receive voluntary retirement. This benefit will be calculated at the rate of three per cent (3 per cent) of ordinary retirement for each year of computed services.

The aircraft personnel and the workers of wineries and cold chambers, covered by article 49 (b), may receive the voluntary retirement with 15 (15) years of privileged services. In this case, the benefit will be calculated at the rate of 3.60 % per year of privileged services that are completed. If mixed services are included in the computing, it will be done in proportional form.

Any voluntary retirement may not exceed that for ordinary retirement.

Art. 68. The amount of the pension shall be settled on the following scale:

Retirement up to three hundred pesos ($300-), seventy-five percent (75 percent);

More than three hundred pesos (weights 300.-), two hundred twenty-five pesos ($ 225.-) plus fifty percent (50 percent) over the surplus. In the case of such a pension, a bonus of 5 per cent (5 per cent) of the pension will be made for each partner exceeding three (3). The bonus will cease partly or totally by disappearing its foundation.

Half of the pension is for the widow, if the children, parents or siblings of the offender come together; the other half will be distributed among them per capita. In the absence of parents, children or siblings, the entire pension shall be for the widow.

Art. 72. - When the right of any of the pension partners is extinguished, the part of the pension shall increase that of the survivors, except for the bonuses set out in article 68.

Art. 95. - The monthly liquid retirement pension, in cases of full or reduced ordinary retirement or retirement for total disability, may not be less than two hundred pesos ($ 200.-).

The amount of the pension in no case may be less than one hundred and fifty pesos ($ 150.-) per month.

Persons who, prima facie, in the opinion of the directorate of the National Social Insurance Institute, meet the requirements for the enjoyment of any and the benefits provided for in (a), (b) and (e) article 47, may be made the advance of a monthly amount equal to the relevant minimum. The amounts paid in that concept will be debited until the final resolution of the directory is completed with respect to the origin or improperness of the requested benefit. If the resolution is favourable, the total amount must be discounted from the first liquidation of the assets that corresponds and, if it is unfavourable, the sum of the advances with more interest, will constitute an enforceable debt at the time in accordance with the provisions governing the regular loans that the institute agrees to the affiliates of the section.

ARTICLE 2 - This law will begin to govern from the first day of the month following that of its promulgation.

ARTICLE 3o - Retirements and pensions shall be agreed upon, and those already agreed upon shall be adjusted and settled, in accordance with this law, from their validity, without the amount of payment of the resulting differences in favour of the beneficiaries prior to the same. The provisions of Act No. 12,921, Decree 6.395/46 shall apply to all retirement or pension payments for periods prior to the validity of this Act.

Benefits will only be adjusted when their modification benefits the person concerned.

ARTICLE 4o - Section Decree 6.395/46 of the National Social Insurance Institute shall agree on retirements of two hundred pesos ($ 200.-) per month, without the right to readjust, to persons who had ceased to provide maritime, aeronautical or related services prior to the terms set out in article 11 of Law 12.921, Decree 6.395/46, and who had completed, in activity, the conditions of retirement and ordinary retirement.

Their survivors will be entitled to a benefit of one hundred and fifty pesos ($ 150.-) per month, in the order and proportions established for pensions. The cause of the deceased participant in activity with 10 years of computable services shall be identical.

The benefits provided for in this article shall be settled from the date of submission of the person concerned, but never prior to the validity of this law.

ARTICLE 5o - Please refer to section Decree 6.395/46 of the National Institute of Social Security to carry out the expenses that demand compliance with this law, including remuneration for extraordinary tasks, with charge to it.

ARTICLE 6 - Contact the Executive.

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

J. H. QUIJANO H. J. CAMPORA

Alberto H. Real L. Zavalla Carbó

- Registered under No. 13.498 -

Buenos Aires, October 16, 1948.

IMPLEMENTATION OF NATION

WORKING AND PREVISION

DECEMBER 32,149

TANTO:

Please, fill in, report, report, report to the Directorate-General of the National Registry and move to the Ministry of Labour and Security.

PERON