Key Benefits:
Buenos Aires, July 29, 1968.
VISTO the provisions of article 9 of Law 17.310; and
CONSIDERING:
That the aforementioned legal norm empowers the Executive Branch to establish a regime that covers age and years of service and differential contributions and contributions, in relation to the nature of the activity in question, for services provided in painful, risky, unhealthy or determinant tasks of old age or premature exhaustion, declared by the competent national authority;
That, therefore, it should be established with respect to workers performing tasks of the nature of the above-mentioned, years of service and age requirements for the achievement of retirement benefits, less than those required by the respective organic laws;
That the greatest contribution is made exclusively by employers, taking into account that by virtue of the progress made in the technical field, the danger or unhealthyness of the tasks is given in most cases, rather than by the nature of the tasks, by the places or environments in which they develop;
That, therefore, it is unfair to bring back the incidence of the financing of the regime that is established on the worker, which already supports the precarious conditions of work;
Therefore,
The President of the Argentine Nation, Decreta:Article 1 de Men shall be entitled to regular retirement with 55 years of age, and 52 years of age women legally authorized to perform the tasks listed below, in both cases with 30 years of service:
(a) Staff who regularly perform in direct treatment or contact with patients, in lepers, rooms or services of infect-contagious diseases, alienated hospitals or mentally differentiated facilities,
(b) The regular staff in cold chambers, in tasks declared unhealthy, by the competent national authority,
(c) The railway personnel who are usually employed as a machinist or equivalent, phoguist or equivalent, cyclist or Cambrian foreman, or driver.
(d) The personnel who usually operate as a bus driver or collective transport vehicles of persons, belonging to regular urban, interurban or long distance lines,
(e) The staff who regularly perform mining or open-air tasks, performing direct mining products.
(f) Staff who regularly perform in places or environments declared unhealthy by the competent national authority.
Art. 2° de You are entitled to regular retirement with 25 years of service and 50 years of age:
(a) The usual staff and directly affected to production processes in lamination, acery and founding tasks, carried out manually or semi-manually, in places or environments declared unhealthy by the competent national authority.
(b) Staff who regularly perform tasks in underground mines.
Art. 3° ). You will have the right to regular retirement with 30 years of service and 50 years of age, personnel who routinely perform aircraft duties with specific function on board aircraft, such as pilot, copilot, mechanic, navigator, radio operator, browser, instructor or flight inspector, or auxiliary (commissary, aboard or similar assistant).
The total amount of the simple computation of services of the mentioned staff will be added:
(a) With one year of service for every 400 hours of effective flight, to the aircraft carriers with aeronautical function on board of aircraft, dedicated to air work, understood by such the one qualified by the competent aeronautical authority, and excluded from this paragraph the work of taxi, propaganda and air photography.
(b) With one year of service for every 600 hours of actual flight accomplished as an instructor or inspector.
(c) With one year of service for every 620 hours of effective flight, pilots acting alone or not covered by subparagraph (a).
(d) With one year of service for every 775 hours of effective flight, pilots acting alternate with others and the remaining aircraft-based aircraft carriers.
(e) With one year of service for every 1,000 hours of effective flight, to staff with auxiliary function.
The actual flight hours will only be taken into account when they are certified on the basis of the relevant aviation authority.
In no case can the computation of services be composed of bonuses of time exceeding 50% of the total computed, nor will the fractions of time exceeding 6 months be computed as whole years.
Art. 4° . You will have the right to regular retirement with 30 years of service and 55 years of age to staff in the Antarctic and South Atlantic Islands.
The service time of the above-mentioned staff will be doubled.
Art. 5° . The provisions of the preceding articles comprise only the staff involved in dependency.
Art. 6° . The determination of the existence of the benefit that may correspond to the personnel referred to in the present decree, or to their existing rights, shall be carried out in accordance with the rules of the common system in which it is understood.
Art. 7° . If the staff covered by this decree perform tasks of those enumerated in the present and alternately others, in order to determine the age and time of services required for the attainment of the ordinary retirement, the rules contained in Article 65 of Decree 55,211/35, which governs Act No. 11,923 shall apply.
Art. 8° . The bonus set out in Article 14 of Law 17.310 will be liquidated to the staff covered by this decree only if it continues to work on tasks not listed therein.
Art. 9° . The corresponding contribution to the personnel referred to in this decree shall be that which governs the common system in which it is understood.
Employers will contribute with the common percentage, increased by two points.
The above provisions govern the remuneration accrued from the validity of the present decree, or if any, of the day 1 of the month following the date of declaration of unhealthyness of the task, place or environment.
Art. 10. . In the service certifications that include in whole or in part the tasks of those listed in this decree, the employer must expressly state the rule of the present in which they are included, and, where appropriate, the provision of the competent national authority that declared the unhealthyness of the task, place or environment.
Art. 11. El This decree governs from the day 1 of the month following the date. Pursuant to article 9 of Act No. 17.310, the legal provisions referred to in the second paragraph of that article shall cease to apply.
Art. 12. El This decree will be endorsed by the Minister of Social Welfare and signed by the Secretary of State for Social Security.
Art. 13. . Communicate, publish, give to the National Directorate of the Official Register and archvese.
Onganía. . Conrado E. Bauer. . Alfredo M. Cousido.
