Public Administration Decrees 8533 And 8566/61 - Complementary - Full Text Of The Norm

Original Language Title: ADMINISTRACION PUBLICA NACIONAL DECRETOS 8533 Y 8566/61 - COMPLEMENTARIA - Texto completo de la norma

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Ministry of Finance DECRETO No. 9,677. ADMINISTRATIVE RATIONALIZATION INCOMPATIBILITIES. JUBILATIONS. . Complementary rules of decrees 8.533 and 8.566/61, on retirements and incompatibility, respectively.

Bs. As., 27/10/61

VISTO the decrees Nros. 8,533 and 8,566 dated 22 September 1961, the first to comply with article 36 of Act No. 15,796 and the second to exercise the powers that are the sole responsibility of the Executive, and the observations and suggestions that such measures motivated by the Court of Accounts of the Nation, and


That it is appropriate to have, both as a result of the decrees, as well as to the desirability of adopting some complementary rules that enable the proper enforcement of those decrees,


The President of the Argentine Nation Decreta:

Article 1 . Please provide that the provisions of Decree No. 8.533 of 22 September 1961 do not include the jurisdictions of the Armed Forces, and security and defence agencies, National Universities and their dependencies, Court of Accounts of the Nation and eminently scientific divisions, such as the National Atomic Energy Commission and the National Council for Scientific and Technical Research, whose respective authorities are empowered to provide for the application of the Act of 1596.

Art. 2° . Add to article 1 of the decree mentioned above the following " the date of this decree."

Art. 3° Art Without prejudice to the strict compliance with the provisions of Decree 8.533/61, within the time limit set forth in the present decree, the maintenance may be requested in the position of those officials who, by their conditions, are essential for the normal development of the services.

The respective orders shall be settled in all cases by the Executive and shall be based on a memorandum by the Ministers or State Secretaries of each jurisdiction. . The formulation of such requests shall not imply the suspension or interruption of the period set out in article 15 of this decree.

Refer to article 4 of Decree 8.533/61.

Art. 4o . Let it be established that the imputation of the advances of retirement benefits set out in Article 5 of Decree No. 8.533/61 shall be determined by Article 7 of the same.

Art. 5° el Please clarify article 8° of Decree No. 8.533/61 that the sanctions referred to therein shall be subject to statutory and regulatory regulations applicable to them.

Art. 6° . Staff members who are required to comply with the measures authorized by article 36 of Act No. 15,796 and Decree No. 8,533/61, and at the time of their limitation of services are terminated in the exercise of their position and/or subject to the instruction of administrative or judicial summary, the compensation provided for such acts shall not be settled until the final administrative decision is made to separate them in respect of their situation.

Art. 7° artículo Article 1 of the regime approved by Decree No. 8,566 dated 22 September 1961 in that it is also incompatible with the exercise of a paid public office or employment in the jurisdiction and competence of the National Executive, with any other public office paid in the national, provincial or municipal order.

Art. 8° . Please note that the provisions of the regime approved by Decree No. 8.566/61 shall not be applicable in the jurisdictions of the Armed Forces and Security and Defense Agencies, which have previously established a special regime of incompatibility in which case it will continue to apply, as well as that the rules of the decree do not include the members of the Court of National Accounts or the National Universities and their technical units, the National Commission of Eminent Nor are such measures applicable in cases of existing legal requirements that permit the accumulation of charges against each other, or of them with retirements, retirements or pensions.

Art. 9° . The personnel covered by this decree may not represent or sponsor litigants against the Nation, or intervene in judicial or extrajudicial proceedings in matters to which the Nation is a party; they may not act as experts, on the proposal of a party on equal terms. The cases provided for in article 13 of Law No. 11.672 (Edition 1943) or when it comes to the defence of the personal interests of the agent, his spouse or of his or her consanguineous or related relatives in the first degree are excluded.

Art. 10. . Delete article 9 (d) of the regime approved by Decree No. 8.566/61.

Art. 11. . Please note that the enumeration of professions of the art of healing contained in article 10 of the regime approved by Decree No. 8.566/61 has the scope set for them in subparagraph (c), section 2 of Decree No. 22.212/45 (ratified by Act No. 12.921), and Act No. 13.970.

Art. 12. . The designated agent internly to perform a position, hours of teaching or chairing, of whatever nature they are, and that by such circumstance they are incompatibility to exceed the maximum amount of accumulation admitted by the incompatibility regime, shall not be obliged to make the corresponding option until it is confirmed in the internship, provided that he requests a license without having any duties exceeded.

Art. 13. . Keep in force the provisions dictated so far for certain special services of the National Administration that for their characteristics so require, that allow for accumulations of positions other than those regulated by the regime approved by Decree No. 8.566/61 .Operators of medium-time exclusion in the National Telecommunications Company, Estafeteros en la Secretaría de Estado de Comunicación, jornalizadas de Hipódromos en días sab, Domingos y ferias

The precise determination of which of those provisions should be maintained on the grounds that motivated them, will be carried out by the Ministry of State of Finance with the advice of the Court of Accounts of the Nation.

Art. 14. Los The regimes approved by decrees Nos. 8,533 and 8,566 of the year 1961 shall apply to the staff of the different ranks from the category "A" - Group I of the approved by decree No. 9,530/58 or its similar of the other scale systems, and in descending order to reach the last categories, with the caveats mentioned in the present decree. Cases of doubt regarding the assimilation of the scale categories shall be resolved by the Minister or Secretary of State of the respective jurisdiction in accordance with the Executive Committee of the Administrative Rationalization Plan (C.E. P.R.A.).

Art. 15. s With the clarifications and modifications made by the present decree No. 8.533/61 shall be carried out on 31 December 1961 and those of the regime approved by Decree No. 8.566/61 shall govern from 1 January 1962 the current incompatibility regime shall be maintained.

Art. 16. La The Secretary of State of Finance together with the Executive Committee of the Administrative Rationalization Plan (C.E.P.R.A.) will be responsible for the delivery of the clarifications necessary for the best application of Decree No. 8.566/61.

Art. 17. . In the exercise of the authority agreed upon by article 87 of the Accounting Act, insert in the performance of decrees Nos. 8.533/61 and 8.566/61 as soon as they have been subject to observation in aspects not covered by the clarifications and modifications provided for by this decree.

Art. 18. El This decree will be endorsed by the Minister Secretary in the Department of Economics and signed by the Secretary of State of Finance.

Art. 19. . Communicate, publish, give to the National Directorate of the Official and Print Registry and, after the knowledge of the Court of Accounts of the Nation, refer to the Ministry of State of Finance.

FRONDIZI. . Roberto T. Alemann. . Jorge Wehbe.