Precise the scope of article 82 of Act No. 19.101
Bs. As., 6/7/89
VISTO Articles 82 and 83 of Act No. 19.101 - Military Staff Act
That article 82, in its last paragraph, establishes a limitation on the sums to be liquidated to the duets set out in subparagraphs 3rd, first paragraph, second part and 4th to the eleventh even.
That article 83, in subparagraph (a), determines that family members covered by the article and subparagraphs referred to in the previous consideration, have the right to become a right to be present when they lack their own means of subsidiarity, but expressly exempting from this requirement the awards of the staff of alumos and conscripts.
That article 82, last paragraph, of Act No. 19.101, in respect of the amount of the pension to be paid to the beneficiaries and their limitation, empowers the determination of the measure and other forms, to the latter as to any other effect, by Law Regulation.
In this regard, the Jurisdictional Rules of the Law for Military Personnel in force, in the cases of the Armed Forces and Navy contain a restriction not in accordance with the provisions of the legal text, for the awards of staff under section 78 of Act No. 19.101.
It is therefore appropriate to issue the administrative measure, which modifies the Rules referred to in the previous consideration, incorporating the existing text of the Rules of the three Forces, according to the criterion set out in article 107 "in fine" of Law No. 19.101.
OF ARGENTINA NATION
Article 1 - It is established that the pension of staff members under article 78 of Act No. 19.101, as set out in article 82, paragraph 3, first paragraph, part 2 and 4 to 11 of the Act, is not met by the requirement of article 82, last paragraph.
Article 2 - Replace in the regulation for the Army of the Law for Military Personnel, Volume IV - Retirements and Pensions, the second paragraph of Article 144, by the text of Article 1 of this Decree.
Article 3 - Include in Title V - as Article 5226 bis of the regulation for the Argentine Navy of the law for military personnel, the text of Article 1o.
Article 4 - Include in the regulation for the Argentine Air Force of the Law for Military Personnel, as Part IV.5 bis - Military Staff Pensioners, Chapter I - Generalities, the text of Article 1.
Article 5 - Contact, post, give to the National Directorate of the Official Register and archvese.
- ALFONSIN. - José H. Jaunarena.