Secretariat of Government
DECRETO N° 9.625-Bs. As., 29/12/67
VISTO file No. 12.062-I-1967, by which the Federal Police requests the regulation of Act No. 16,973 in accordance with the authority granted by article 4 of the Act to the Executive Branch, and
That the above-mentioned Act provided for the granting of awards to deceased police personnel as a result of their duties;
That necessarily the rules on the processing of such benefit, attentive to its special characteristic, must propose that it be agreed with the utmost speed;
To this end, it is necessary to issue a regulation that comprehensively covers all aspects of the law in reference, adapting its rules to agile dynamic, creating also the conditions for such benefits to be equally accorded to those concerned;
That, in addition, and in order to avoid the rights of all management difficulties, it is considered appropriate to centralize in a single unit – Directorate Social Work and Police Health, Section Mutual Help – the entire process to be carried out by stakeholders, from the initial orientation aspect, to the receipt of the grant;
Accordingly, and in accordance with the provisions of the General Directorate of Legal Affairs of the Secretariat of State of Government,
The President of the Argentine Nation,
Article 1.- The subsidy created by Act No. 16,973 will be agreed by the National Executive Branch, which can be done directly by the Chief of the Federal Police, by a well-founded resolution and “ad-referendum” of the National Executive, when urgent reasons justify it.
Art. 2°- In all administrative sums to be instructed to qualify the death of police personnel in the activity of the Federal Police, officials and advisory bodies to intervene and render opinion, they shall be issued on the application of the benefits of Act No. 16,973.
Art. 3. The awards entitled to the grant may also promote the investigation of the circumstances of the death, if the administrative summary had not been initiated or if the death occurred subsequently as a direct result of injuries sustained in the facts of article 1 of Act No. 16,973, without prejudice, in the latter case, to the exercise of the ordinary competence of police officers in the field of instruction of administrative sums.
Art. 4°- The Chief of the Federal Police, in issuing the final decision in the case, or before its conclusion, if there are enough elements for the purposes of Act No. 16,973, shall, with the opinion of the Legal Advisory Directorate, decide on the proceeding of profit and, if so, give evidence of the resolution to initiate the case file of subsidy, with the intervention of the Directorate for Social Work and Police Health ( Mutual Aid Section).
Art 5°- Persons deemed to be beneficiaries may lodge a hierarchical appeal against any resolution of the Chief of the Federal Police that denies the benefit.
Art. 6°- The subsidy file should decide on the amount of the subsidy and persons entitled to receive it, for which purpose the Federal Police shall take into consideration the documentation in the legajo of the offender and the one to be provided by the beneficiaries, if it does not exist in the division.
Art. 7°- The Chief of the Federal Police, following a decision of the Legal Advisory Directorate, shall issue a decision raising the proceedings to the National Executive for the final award, without prejudice to the provision of the subsidy if the circumstances of article 1 are given.
Art. 8°- Payment shall be made by means of the Federal Police in a single fee, by virtue of which the beneficiaries must previously guarantee the satisfaction of the latter in the amount of the amount to be received and to strengthen better third-party rights.
In the event that it is manifestly impossible for the rights that have been made to establish the pre-reference guarantee referred to in this article, it may be granted by the Directorate for Social Work and Police Health, following information to determine the accuracy of such impossibility.
Art. 9°- The payment of the grant may be made in the corresponding proportion to those who justify their right to receive it, without prejudice to retaining the share of those who in principle have the right, but have not been able to complete the required documentation.
Art. 10.- For the purposes of payment of the subsidy, it is understood as “to make monthly”, the sum of the salary that the offender received, plus the general supplements and bonuses established for his hierarchy, without discounts; and by “hierarchy” at the time of death.
Art. 11.- The awards entitled to the grant shall be those subject to the order and distribution that for the pensions establishes Title III, Chapter XI of Decree-Law No. 333/58 (convalidated by Law No. 14.467) or the legal provision that modifies or replaces it in the future.
Art. 12.- The Chief of the Federal Police shall regulate the procedures for internal processing related to the payment of the benefit.
Art. 13.- This decree will be endorsed by the Ministers of the Interior and Economics and Labour and signed by the Secretaries of State of Government and of the Treasury.
Art. 14.- Contact, post, give to the National Directorate of the Official Register and archvese.
NGOsANIA.- Guillermo A. Borda.- Adalbert Krieger Vasena.- Julio E. Alvarez.- Mario F. Colodrero Days. Luis S. D ́Imperio