Pensions And New Regimen Pensions - Full Text Of The Norm

Original Language Title: JUBILACIONES Y PENSIONES NUEVO REGIMEN - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
LEY N° 14.370

New retirement scheme to be awarded by National Provident Funds

Sanctioned: 30/9/1954

promulgated: 13/10/1954

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, sanction with force

Law:

I

ARTICLE 1 The Executive Branch, on the proposal of the National Provident Funds and in consideration of the cost of living oscillations, may establish mobile supplements or bonuses on the existence of pensions and pensions.

ARTICLE 2 - The benefits that have begun to accrue prior to the validity of this Act shall be set aside as of 1 January 1949, with the mobile supplement set out in Decrees 39.204/48 and 3670/49, Regulations of Law 13.478, which shall only be effective in the amount exceeding the amount of the improvements established by Acts 13.025, 12,913,129,06 Whether or not there is room for such a supplement, in all cases the bonuses established in Decrees 7025/51 and 6000/52 shall be effective from the dates of their respective validity.

Please clarify the provisions of Act No. 13.478.

ARTICLE 3 - Regular retirements to be granted by the National Provident Funds, whose assets begin to accrue after the validity of this Act, shall not be bonified with the emerging supplements of Law 13.478, and shall be determined subject to the following scale:

Up to $1,000 average salary, 100%.

From $1,000 to $2,000: $1,000 plus 75% of the excess of $1,000.

From $2,000 to $5,000: $1,750 plus 60% of the excess of $2,000.

From $5,000 to $10,000: $3,550 plus 45 percent of the excess of $5,000.

More than $10,000: $5,800 plus 15% of the excess of $10,000.

Affiliates whose average remuneration does not exceed $5,000 may choose to have a monthly payment that results from the current scales and provisions prior to this bonus law at $200 when it is greater than that determined by the exclusive application of the above scale. They should be included in the aforementioned $200 bonus as provided for in Decrees 7.025/51 and 6,000/52.

ARTICLE 4 Retirements, established in accordance with the above provisions, may not exceed 90 per cent of the average salary of the twelve best consecutive months to be computed for the purpose of calculating the retirement average. Cases for which emergency regimes exist are exempt from this provision, based on the special nature of certain activities. For the purpose of determining the maximum retirement established in this article, the bonuses referred to in Article 7 shall not be taken into account.

ARTICLE 5° - Retirements and pensions which have begun to accrue prior to the validity of this Act shall, from 1 November 1954, enjoy a bonus of $100 per month per cost of living, without prejudice to those already in place.

ARTICLE 6° - The monthly retirements and pensions agreed upon or agreed, including cost-of-living bonuses, will not be less than the sums of $600 and $525, respectively. The minimum thus established shall be paid from 1 November 1954.

ARTICLE 7 - The National Provident Funds may establish on a general basis, in favour of participants who continue to work after having attained the minimum age and time of services required for the full regular retirement without compensation between age and services, the following bonuses, calculated on the existence of the retirement corresponding to the end of the service:

(a) 5 per cent for each surplus year, when the required age is 55 years;

(b) 2 1/2 per cent for each surplus year, when the required age is 50 years.

The amount of the bonus may not be higher, in any case, at 25 per cent of the retirement, and will only be effective in relation to the age surpluses that are served in service, after the date on which the Fund establishes it.

ARTICLE 8 Supplements and bonuses of benefits accrued from 1 July 1954 and those granted under the provisions of this Act shall be provided by the National Provident Funds. Where the funds, by their financial statement, are unable to pay for or establish the supplements and bonuses, they shall be covered by the provisions referred to in the following article.

The deficit that at the date mentioned in this article throws the execution of the special account budget "Provisional Social Fund Law 13.478, Article 3" will be financed by the resources authorized by Article 3 of Law 13.654.

ARTICLE 9 - Authorize the Executive Branch to incorporate, as from 1 July 1954, the resource tables and erogations of the central administration budget, the provisions of Act No. 13,478, the provisions for the benefit and other benefits of the latter and, where appropriate, the contributions referred to in the preceding article, into the provisions of Act No. 12,961.

ARTICLE 10. - The social insurance obligations issued or issued by the Executive from 1 July 1954 shall accrue an interest of 5 per cent per year.

II

ARTICLE 11. - In cases of continuing work, the age of the participant shall be computed from the date of initiation of the tasks to the date of cessation of the tasks.

In cases of discontinuous work, intermittent or seasonal, the seniority of the participant will be established by computing the total time elapsed since the participant began in the activity until he ceased in the activity, regardless of the actual time and provided that the discontinuity derives from the nature of the work in question.

Each box shall establish, in respect of its regime, the activities to be considered discontinuous for the purposes of this article.

ARTICLE 12. - No compensation shall be considered for the purposes of the foresight laws for the amounts paid in respect of gratification linked to the termination of the working relationship, in the amount exceeding the annual average of which it has previously received on a regular basis.

The boxes may exclude or reduce from the computation any amount paid to the participant, which does not constitute a normal form of remuneration according to the nature or importance of the services provided.

In respect of amounts that are not considered in the computation, the boxes should make appropriate adjustments for contributions and contributions.

ARTICLE 13. - Remuneration from the discontinuous work referred to in article 11, shall be deemed to be referred to as long as it is committed under such work.

ARTICLE 14. - It is understood by base remuneration for the purpose of determining the retirement, the monthly average of the remuneration received in the five years immediately prior to the end of the service, or that resulting from the monthly average of five years continuous or discontinuous calendars, for which it would have contributed to the fund of the box, provided that the latter is more favorable for the participant.

This article shall not rule in cases covered by special laws, where the latter are more advantageous to the participants.

ARTICLE 15. - In all cases where a percentage should be established in relation to years of service or age to determine the amount of profits or to make bonuses or removals, the fractions of time of up to six months shall not be taken into account and the respective fraction exceeding that term shall be considered whole year.

ARTICLE 16. - The Executive Power may establish, on the proposal of the national insurance funds, tables or decks for the determination of retiring assets, which shall conform to the legal provisions applicable to each of the respective regimes. The indexes of these tables will be fixed in whole numbers and always in a national currency weight amount equal to the multiple of ten that is closer to having a retirement.

In the case of equidistance, the multiple of ten more favorable to the person concerned will be taken.

III

ARTICLE 17. - In cases where national insurance laws recognize the right to retirement and the death of the participant, they shall have the right to enjoy the pension that they institute, the persons listed below, by order of exclusionary priority:

(a) The widow of the offender, in concurrence with male children up to the age of 18 and single daughters up to the age of 22;

(b) The widower who had been in charge of the offender and was incapacitated for work or who had attained the age of 60, in concurrence with the children under the conditions of the preceding paragraph;

(c) Children only, under the conditions specified in subparagraph (a);

(d) The widow of the offender and widower under the conditions of subparagraph (b) in concurrence with the parents of the offender, provided that the offender had been in charge of the offender at the time of his death;

(e) The widow of the offender and widower under the conditions of subparagraph (b), in concurrence with the single sisters of the offender until the age of 22 and the brothers until the age of 18, orphans of father and mother, who were in charge of the offender at the time of his death;

(f) Parents of the offender under the terms of subparagraph (d);

(g) The single sisters of the causator up to the age of 22 and the brothers up to the age of 18, orphans of father and mother, who were in charge of him at the time of his death.

The age limits set out in the preceding subparagraphs shall not govern whether the right of a person is incapacitated for work as at the time of his or her age.

It should be understood that the right of the deceased has been in charge of the deceased participant or beneficiary, when the lack of the contribution amounts to an essential imbalance in the particular economy.

ARTICLE 18. The regulation may provide that the amount of pensions provided for in the existing laws is up to 75% of the retirement, according to the family charges.

ARTICLE 19. Half of the pension is for the widow or widower, if the children, parents or siblings of the offender are granted under the conditions of the preceding article; the other half shall be distributed between them by head.

In the absence of children, parents or siblings, the entire pension shall be for the widow or widower.

In the case of extinction of the agreed right to a relative in concurrence with others, the proportional part of the same increases the proportion of others.

ARTICLE 20. - The amount of the assets of the benefits that remain unpaid at the time of the death of the beneficiary, whether or not the benefit was requested and that they were not prescribed, only the persons who were responsible for the same law could be made effective among those who would be distributed in accordance with the order and form provided for the pensions.

In the absence of any of the above-mentioned persons, the defaults may be paid to those who have paid for the sepellium and last illness of the offender and only to the amount paid by these latter concepts.

IV

ARTICLE 21. - From the validity of the present law, retirement for invalidity shall be due, regardless of the length of service and provided that it had occurred during the working relationship and for reasons beyond its initiation.

This benefit may not be agreed upon to the person who initiates the proceedings after six months of the termination of the employment contract, except in the case of impossibility to manage it or when the causes of incapacity arises in an indisputable manner at the date of cessation.

The amount of disability retirement for members who have less than 10 years of computable services and provided that there is no disability of work accidents may not exceed the minimum set for retirements. In the event that the participant has more than 10 years of computable services, the disability pension may not be less than 4 % of the amount of regular retirement per year of services with the maximum established for this retirement.

ARTICLE 22. Assessment of invalidity shall be carried out by the agencies and by the procedures established by the implementing authority, which ensure uniformity in the estimative criteria and guarantees necessary in safeguarding the rights of the participants. The collaboration of national, provincial or municipal health authorities may also be sought.

V

ARTICLE 23. - From the date of effect of this Act, members who have served in the various regimes covered by Decree-Law 9.316/46 may only obtain a single benefit, considering the full range of services provided and remuneration received.

ARTICLE 24. - Reimbursement recipients who return to service or continue in another who has not been considered to grant them the benefit, may request, upon termination of the benefit, readjustment and/or transformation, with the inclusion of the relevant services and remuneration in accordance with the requirements established by the regulation.

ARTICLE 25. - Substitute Article 6 of Decree Law 9.316/46 by the following:

"Article 6 - It will be the bestowal of the benefit to which the regime belongs the last services provided by the affiliate, provided that it computes at least 3 years of services with contributions in that regime. Otherwise, the benefit may be requested in the case to which the services immediately preceding them belong, which reach such a minimum age.

When the person concerned has his last services rendered simultaneously under the regime of various boxes covered by this decree-law, he may choose the person to belong to some of these services, provided that he is credited to having contributed to the fund of the box for which he or she elects, for a period not less than three years."

ARTICLE 26. - Retirements from forecasting regimes, whether national, provincial or municipal, are incompatible with the performance of activities on behalf of others.

In the case of disability retirement the established incompatibility will only be effective in the amount in which the retirement and the new remuneration exceeds the amount of the average remuneration received in the twelve months preceding the disability.

Incompatibility shall not apply in such situations as exist at the date of the present law, where there has been no legal impediment to the accumulation.

The Executive Power may establish in the future for a specified time, limits of compatibility in response to the nature of the functions performed by the beneficiaries, based on reasons of national interest or the requirements of social or economic needs.

ARTICLE 27. - It will be an indispensable condition for obtaining any benefit to have provided services with contributions for a minimum of five years, provided that the legal regime in which the benefit is requested has a longer period of validity.

For retirement benefits due to disability and pension shall not be governed by the above requirement.

Recognition of services provided prior to the creation of the respective regime shall have effect only to be computed when the holder has performed tasks covered by any of the forecasting regimes, after the date of creation of the box to recognize such services.

ARTICLE 28. - Persons elected to hold elective public office, whether national, provincial or communal, may, within three months of their incorporation, choose to continue to be affiliated with the forecasting regime to belong to the services to be provided on the date of election.

Any person who, at the time of the present Act, has elected office of the specified character, may exercise the option within three months of such validity.

ARTICLE 29. - Benefits derived from services provided by two or more persons will only be cumulative by the same holder up to the sum of $3,000 per month; if they exceed this amount the amount of benefits will be reduced proportionally.

Please note that the accumulation of benefits permitted by articles 38 of Law 11.110 and 92 of Decree-Law 14.535/44 (Law 12.921), respectively, as amended by Acts 13.076 and 13,065, is only applicable when such benefits derive from different services.

ARTICLE 30. - The obligation to pay the arrears of pensions and pensions accrued prior to the submission of the application for the respective benefit is prescribed in the year.

The filing of the application in the case shall interrupt the term of limitation.

ARTICLE 31. - The income of participants for the purposes of establishing pension contributions and contributions shall not be less than those set out in the collective agreements, or the normal remuneration in the activity concerned, or the minimum amount of ordinary retirement in force at the time the services are provided, except for evidence to the contrary.

VI

ARTICLE 32. - Authorize the executive branch to raise to the limit set out in article 8 and 6 of Decree Laws 31.665/44 and 13.937/46, respectively, as amended by Law 14.069, the contributions of staff and employers covered by the remaining national insurance funds, where the financial status of the latter requires it.

Art. 33. - The Executive Power, when it deems appropriate, may, as a mandatory provision for the staff of the National Administration, make provision and retiring contributions on the additional, bonuses, supplements and supplements of assignments and any other remuneration or retribution that integrates the monthly existence of the agent and whatever its denomination, but provided that its liquidation reviews the nature of regular, regular and permanent. For the purpose of the attention of spending that demands the contribution and contribution of employers, please enable the Executive to make use of the financial means that it deems most appropriate.

ARTICLE 34. - Substitute the text of articles 37 of Decree-Law 31.665/44 and 54 of Decree-Law 13.937/46 for the following:

"Participants who have a minimum of 10 years of service may receive retirement on a voluntary basis and who have reached 55 years of age at the date of the last computed services, in the case of males, and 50 years of women.

This retirement will be calculated at the rate of 3 % of the ordinary, up to its maximum, for each year of computed services."

ARTICLE 35. - Substitute article 37 of Act 4.349, as amended by Act No. 12,887, as follows:

"Article 37. They shall not be entitled to retire:

1 Any person who has been permanently separated from the service for violation of the duties of his or her office, by exoneration, except in cases where the executive branch expressly states in the decree, or after the decree, that the offender does not lose the retirement rights;

2nd Anyone who has been convicted of a final criminal sentence of absolute disqualification, whether as a principal or an accessory penalty."

ARTICLE 36. - The limits set out in article 32 of Decree-Law 31.665/44 (Law 12.921) for full ordinary retirement shall be reduced to fifty years of age and twenty-five services for participants engaged in tasks declared unhealthy by labour laws and regulations.

In the event that alternate services have been provided in safe and unhealthy tasks, the reduction provided in this article will be made in proportion to the time of services in unhealthy tasks that are credited.

ARTICLE 37. - Please note that a period of one hundred and eighty days shall be counted from the date of the present law, for the purposes of the placement provided for in article 4 of Law 14.067, with valid orders made in this regard to the National Provident Fund for Public Service Personnel to the present.

ARTICLE 38. - Defrost all provisions that are contrary to this law.

ARTICLE 39. - Contact the executive branch.

Given the meeting room of the Argentine Congress, in Buenos Aires, on 30 days in September 1954.

A. TEISAIRE
A. J. BENITEZ
Alberto H. Reales
Rafael V. González

-Registered under No. 14.370-