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Pensions Regulation Of Their Award - Updated Text Of The Rule

Original Language Title: PENSIONES REGLAMENTACION DE SU OTORGAMIENTO - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Sanctioned: September 27.1948.

Promulgated: October 13.1948.

See Background


The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., sanction with force


ARTICLE 1 Las Claims made by individuals to the Honorable Congress of the Nation must be in conformity with the provisions set out in this Act. ARTICLE 2 : The benefits referred to in this law may be summoned:

(a) Persons who have provided the Nation with services of an extraordinary or eminent nature and who are at least seventy years old or are disabled for work; (Edad replaced by art. 183 of the Act No. 24,241 B.O. 18/10/1993. See art. 184 of the same Law that establishes a scale of ages)

(b) Persons who have provided military or civilian services in international wars prior to 1870, or in the conquest of the desert or important services during the national organization;

(c) Military or civilian personnel who have provided services in specific functions or in or for distributions of the State, respectively, as officials, employees or workers, and who prove to be over sixty years of age, lack adequate means of living and have provided at least 10 years of service or become disabled for work;

(d) Citizens on a flag who are invalidated for work as a result of accident or illness attributable to acts of service and the awards of the same deceased in acts of service or subsequent illness;

(e) Citizens combatants invalidated in international wars in which the Nation was belligerent and the awards of those who died in acts of service or for consecutive illness;

(f) The awards of persons listed in subparagraphs (a), (b) and (c) should be credited to the latter with a minimum of 10 years of services provided by the person.

The exoneration or any penalty or punishment for the applicant to be paid, in no case shall the right of the awards to the pension be nullified.

(g) Persons who are incapacitated to work, victims of attacks or abuses caused by political reasons, trade unions or acts derived or related to them; or their awards, in accordance with article 3 (a), (b), (c) and (d). (Convention by art. 1 Act No. 15,224 B.O. 31/12/1959)

ARTICLE 3 Los Deudos to whom the previous article refers are:

(a) Widow or widower invalid or disabled;

(b) Unmarried, widowed or divorced daughters because of or abandoned by the husband, and children under the age of eighteen years or older who are disabled for work;

(c) The mother or father incapacitated for work or both, in concurrence, under the same conditions;

(d) Brothers under the age of eighteen, older than that age incapacitated for work and single, widowed or divorced sisters because of the husband or abandoned by the husband, when there was no one with a better right and proved that at the time of the death of the offender they lived under his care;

(e) Unmarried, widowed or divorced by the husband or abandoned by him and grandchildren under the age of eighteen or over the age of disability, in the exclusive case of article 2 (b).

The existence of relatives whose enumeration takes precedence in the above relationship or the lack of participation in the benefit of the pension, does not inhibit the management of the awards that happen to it, in a decreasing order, provided that it is not made by the first, in any case the benefit is subject to what is prescribed in Article 10.

ARTICLE 4 Toda Any request submitted for consideration by any of the Chambers of Congress shall be accompanied by the following:

(a) The enunciation of the extraordinary or eminent services provided to the Nation. When it comes to common services, properly authenticated documentation that credits the functions or tasks performed, the number of years corresponding to each of them and the salaries received;

(b) The death of the offender and the justifications for the bond invoked by the petitioner;

(c) In the case of daughters, sisters, granddaughters divorced because of the husband or abandoned by him, judicial testimony that accredits him;

(d) Affidavit that there is no means to live decorously;

(e) Certificate issued by the Secretariats of both Houses of Congress regarding whether it has submitted or formulated a project or request for the same purpose in the preceding two years and, where appropriate, what was the resolution relapsed;

(f) Certificate of the Register of the Property of the Federal Capital or of the provinces where the beneficiary, its ascendants or descendants had resided in the first degree, for the last ten years, with respect to property or other real rights inscribed on their own behalf or from them.

ARTICLE 5° Las The respective commissions of both Houses of Congress are empowered to verify the documentary evidence accompanied, as well as to carry out any research aimed at verifying their authenticity, and the public divisions must lend their collaboration to this end. ARTICLE 6 El The amount of pensions granted by this law shall be determined in the light of the importance of the services provided by the person concerned and shall be provided to the remuneration which he had enjoyed for salary or salary.

The term duration of the benefit shall be ten years and may be extended. If it had been agreed or remembered as an increase of another, the latter shall rule until the day of the expiry of the original benefit.

ARTICLE 7 . These pensions will be compatible with all remuneration, retirement, retirement, pension, liquid income, assistance from the national State, provinces, municipalities, foreign states, autocarchic entities or social insurance funds or institutes and, in general, with any other income that monthly does not exceed, for each beneficiary, the amount of the minimum retirement of the national insurance scheme.

If such income exceeds the amount indicated, the pension shall be reduced to the extent of the excess. For the purposes of the calculation of the excess will be computed as of ten pesos ($ 10) all amounts below that amount.

(Article replaced by Article 5 of the Act No. 20.541 B.O. 23/10/1973. Vigilance: governed from 1 June 1973.) ARTICLE 8 . The emerging pensions of this law are personal, not alienable and unpaid. Any act contrary to this provision is void. ARTICLE 9 . When the benefit had been agreed upon to the widow in concurrence with the children, it will be considered a gainful good. Among the children will be divided equally. ARTICLE 10. , In cases of concurrence in the same family of benefits derived from this law, the following will be done:

(a) If it were a number of individual pensions granted to the same person ' s awards and because of that link, the total pensions would not exceed twenty thousand pesos ($ 20,000) per month. If the total amount was higher than that amount, the number of beneficiaries would be reduced proportionally. (Incision replaced by art. 7° Act No. 16.565 B.O. 2/12/1964. Watch: from 1 November 1964)

(b) If it were different pensions on account of more than one causator, in each of which the same awards were fully understood, the beneficiaries should choose one of them. In the event of no agreement, each will retain the pension for which he has chosen, diminished in the proportion that would have corresponded to the others;

(c) If any or several of the awards motivate their pension in a person and, at the same time, in another person who does not benefit the others, they may opt for any of the pensions, but the option will import the resignation of the party that has corresponded to them in the other pension, without increase for the other beneficiaries;

(d) If the mother or the father had a pension for a person who did not benefit the children, and they, for their part, had a pension for another person who did not benefit the parents, each party could receive the corresponding pension.

ARTICLE 11. . Extinguished the benefit of any pension partner, the others will increase in the same proportion.

They will constitute only causes of growth: marriage, death, age limit or disappearance of the cause of disability of any of the beneficiaries.

The increase will be appropriate when such events occur after the commencement of the pension, even if they comply before the adoption of the agreed law.

ARTICLE 12. . No beneficiary may leave the country without prior permission from the executive branch. The latter may be agreed with the right to acquit through the request of the interested parties; for the end of one year, extended, with the obligation to credit quarterly, to the Argentine consulate of the country in which he resides, which has not been involved in the grounds of extinction of the benefit provided for in the following article. ARTICLE 13. El The right will be extinguished:

(a) For the surviving spouse, parents, daughters, sisters or granddaughters since they contract nuptities even in the case, for the first, after widowhood;

(b) For the male or siblings of the offender, when they reached the age of eighteen years, unless they were disabled for work;

(c) Having disappeared the causal that led to the granting of profit, or to be verified in the accompanying documentation;

(d) Failure to pay the pension within the year following the date of enactment of the law or the date of the decree of the Executive Branch that provided for its settlement;

(e) For having been convicted of non-coupled crime, for dishonest life or for being absent from the country without the authorization of the Executive Branch, if it did not prove in this case that it was meticulous.

ARTICLE 14. . When a pensioner loses the enjoyment of his or her benefit as a result of a court ruling bringing the absolute disqualification, the provisions of article 19, paragraph 4 of the Criminal Code, shall apply to members of his or her family entitled to pension. ARTICLE 15. . This will be the only time since the promulgation of the present law, the actions that, by double profit, have been set up or are in the process of recovering undue payments, provided that there was no such action in that act. ARTICLE 16. . Authorize the rehabilitation, from the promulgation of this law and with maturity to the date that in each case has been established, of the benefits extinguished by application of Law 12.921 (Decree 17.923/44), provided that they are covered by the requirements of the present. ARTICLE 17. Todas All actions that are promoted for the management of the benefits referred to in this Act shall be exempt from the payment of the seal tax. ARTICLE 18. . Prove the laws 12.821 and 12.921 (Decree 17.923/44), with the exception of article 7 of the Constitution and its concordants, as soon as they do not object to the provisions of the present. ARTICLE 19. . The expenses that demand the fulfillment of this law will be made of general incomes with charge to it, until it is included in the general budget of the Nation. ARTICLE 20. . Contact the executive branch.

Given in the session hall of the Argentine Congress, in Buenos Aires to , on the twenty-seventh day of the month of September of the year thousand nine hundred forty-eight.

Alberto H. Reales L. Zavalla Carbó
el Registered under No. 13.337 el Background . Article 7°, replaced by art. 1 Act No. 19.532 B.O. 29/3/1972. Vigilance: shall rule from the 1st of the month following the date of its promulgation; , Article 7°, replaced by art. 3rd of the Act No. 18,915 B.O. 4/2/1971. Vigilance: governed from 1 January 1971; de Article 7°, replaced by Article 3° of the Act No. 17.913 B.O. 10/10/1968. Proceeding: from the first of the month following the sanction of this law; , Article 7°, replaced by art. 6° of the Act No. 16.565 B.O. 2/12/1964. Vigilance: shall rule from 1 November 1964; . Article 7°, replaced by art. 1 Act No. 16.114 B.O. 22/12/1961; . Article 7°, replaced by art. 1 Act No. 14.506 B.O. 24/10/1958, text according to art. 1 Act No. 15.390 B.O. 29/10/1960; Article 7, replaced by art. 1 Act No. 14.172 B.O. 23/10/1952. . Article 10 inc. a), replaced by art. 2nd of the Act No. 16.114 B.O. 22/12/1961; . Article 10 inc. a), replaced by art. 2nd of the Act No. 14.506 B.O. 24/10/1958, text according to art. 1 Act No. 15.390 B.O. 29/10/1960;