DOCENTES Decree 54/89 Approve the regulation of Act No. 22,804, with the amendments introduced by Act No. 23,646.
Bs. As., 19/1/89
VISTO Law No. 23.646, and
That the Act introduces modifications to the supplementary system of forecasting for the teaching activity that had instituted Act No. 22,804.
That, in accordance with article 2 of Act No. 23,646, the regulation of Act No. 22,804 should be issued in the light of the amendments made thereto.
That the provision of the measure is made in the use of the powers conferred by article 86, paragraph 2, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1 -
Approve the regulation of Act No. 22,804 as amended by Act No. 23,646, annexes I, II, III, IV and V are an integral part of this Decree. Art. 2o -
This regulation shall be governed by the application of Act No. 23,646, in accordance with article 3 of the Act. Art. 3o -
Default of Decree No. 1419 dated 3 June 1983 from the application of this decree. Art. 4o -
Contact, post, give to the National Directorate of the Official Register and archvese.- Jorge F. Sábato.- Ideler Santiago Tonelli.
ARTICLE 1 - No regulation.
1. In subparagraph (a), teachers included in Acts No. 14.473 and No. 19.514, their amendments and regulations, which provide services at all levels, specialties or modalities of official education except universities.
2. It is covered by subparagraph (b) by the management, teacher and assistant teacher of private institutes incorporated into official education at all levels, specialities in modalities, except universities, which provide services directly for the development and implementation of the official curriculum of the respective institute in relation to sections, courses or divisions which are officially recognized.
3. In subparagraph (c), teachers (titles, interim or alternate) are transferred by the Nros Acts. 21.809, 21,810, 22.367, 22.368, which opted to continue in the former Supplementary Fund for Retirements and Pensions of the Teaching Staff, regardless of the subsequent status of teaching journal or establishment in which it provides services in the jurisdictions to which they were transferred or others to which they refer, if such services correspond to the level, speciality or modality of the educational service transferred in which the elector was included, as well as in the case of re-reference. The same paragraph also includes national teachers transferred by Law No. 24,049, whatever their situation, including all subsequent modifications to the transfer, which involve the continuity of the teaching career in the respective jurisdiction.(Apartment replaced by art. 1 Decree No. 163/1999B.O. 09/03/1999)
4. Affiliates are subject to the following obligations:
(a) To provide the supplementary box with the reports required by it in relation to their situation in relation to the foresight laws and the present regime.
(b) To request their registration directly to the supplementary box, in the event that the employer does not comply with the obligation of article 27 of Act No. 22,804 and its regulations, within the ninety-nine (90) days following the beginning of their employment relationship.
(c) Denunciate the enforcement authority within thirty (30) days of production, any act that configures breach by the employer of the obligations established by Act No. 22,804.
1. The monthly supplementary benefit shall be calculated according to the following procedure:
(a) The average remuneration referred to in paragraph 2 above shall be applied to the percentage per seniority corresponding to paragraph 4 below.
(b) If the forecast benefit had been accrued prior to the validity of Act No. 22,804 and had not generated the right to benefit for the regime of the former Supplementary Fund for Retirements and Pensions of the Teaching Staff, the value obtained in subparagraph (a) would be deducted as set out in paragraph 5 below.
(c) To the result obtained from the preceding subparagraphs, a percentage of supplements shall be applied for the case of retirees and SETENTA and CINCO FOR SCIENT (75 per cent) of this value for pensioners, so that the total amounts to be distributed shall be in accordance with article 10 of the Law. (Replaced by art. 2° Decree No. 163/1999B.O. 09/03/1999)
(d) If the outcome of the preceding subparagraph is less than 10 per cent (10 per cent) of the minimum pensions and pensions of the national insurance scheme for workers in relation to dependency as appropriate, the amount of the supplement shall be equal to that amount.
(e) In no case can the monthly supplement of retirees and pensioners exceed one hundred (100 per cent) or seventy-five per cent (75 per cent) respectively, of the average remuneration of active teachers that were taken as the basis of paragraph 2 below.
2. In order to calculate the supplement, the updated average of the monthly remunerations assigned to the posts and hours of chairs held during the thirty-six (36) calendar months more favorable, consecutive or not, between the sixty-six (60) months immediately prior to the cessation of the teaching activity covered by Article 2 of the Law, excluding the supplementary annual salary and non-retiring remunerations.
3. In cases covered by article 4 or last paragraph, or 26 of the law, where services could not be credited under the conditions of the regulation of article 3, to determine the average remuneration for the last thirty-six (36) calendar months with services, although they are not consecutive.
If, for those covered by Article 4 or, last paragraph, the provision of services is less than thirty-six (36) months, the average will be calculated with respect to all calendar months with the provision of educational services included in Article 2.
4. To adjust the level of the complement to antiquity in the performance of the posts and hours of chair recognized by this regime, a percentage will apply that will be equal to one hundred percent (100 %) when twenty-five (25) or more years of recognized services are completed. When such antiquity is not reached, four per cent (4 per cent) will be deducted for each year from the difference between the above-mentioned twenty-five (25) and those that are computed to the last cessation in the teaching activity covered by Article 2. To this end, fractions over six (6) months of recognized services will be computed as a full year.
In the case of those covered by Article 4 or last paragraph of the Act, the above percentage shall be equal to one hundred per cent (100 per cent).
5. In the case of those covered by article 24 of the Act but not included in article 26 of the Act, in order to achieve greater equity in the distribution of funds among all beneficiaries of the system, the Board of Directors of the COMPLEMENTARY CAJA FOR THE ACTIVITY DOCENTE to apply differential criteria for the determination of the complement and its eventual reduction. (Substituted by art. 3° Decree No. 163/1999B.O. 09/03/1999)
6. The positions and hours of chairing that are recognized for the purposes of this regime are those who, under the terms of Article 2 of the Law, are listed below:
(a) Those covered by Act No. 14.473 (Teachers ' status) and Act No. 19.514, their amendments and regulations. In the event that the above-mentioned legal rules are replaced, they will take the place of the former for all purposes of this regime.
(b) Those held prior to the validity of Act No. 22,804 for which their equivalence has been established with those mentioned in the preceding paragraph.
(c) Those who, by application of Laws No. 21,809, 21,810, 22,367 and 22,368, took up the teachers in the jurisdictions to which they were transferred as well as the subsequent ones, regardless of the status of teaching journal or establishment in which they serve, regarding the level, specialty or modality of the educational service transferred to which the elector was included.
6.1. The supplementary box shall decide on the equivalencies of charges where the charges were not expressly specified or offer doubts originating in the interpretation of the rules that established them, taking into account the nature of the services that were exempt from the prescribed remuneration.
6.2. No charges or hours of chairs held "ad honorem" will be recognized.
7. For the purpose of establishing the value of the supplements, the posts and hours of chairing that are recognized by the application of previous paragraph 6, corresponding to the periods taken as the basis of paragraph 2 above, shall be assigned the remuneration set by the respective jurisdictions.
Existing remuneration and additional remuneration shall be applied in accordance with the procedure provided for in the regulation of Article 7.
8. In the case of regular partial teacher retirement, only the positions and hours of chairing for which such retirement has been obtained will be recognized. The recognized teaching age shall be computed at the date of cessation of such services, which shall be considered as the date of cessation in the teaching activity.
9. The complement shall be calculated or adjusted as appropriate:
(a) When the beneficiary has re-entered the activity in relation to dependency and is entitled to readjustment or transformation of the forecast benefit, for having subsequently performed new posts and hours of chair recognized by this regime for thirty-six (36) calendar months covered in the last sixty (60) calendar months prior to the date of the new cessation in the teaching activity covered by Article 2 or to calculate the most favourable rates,
(b) When the regular part-teaching beneficiary obtains the readjustment of the forecast benefit for the performance of new posts or hours of chairs recognized by this regime, the calculation of the average provided for in paragraph 2 shall be made regarding the newly recognized positions and hours of chairs and shall be added to the one that had been determined in relation to the first cease in teaching.
(c) In both cases, the service time of the new posts and hours of chair will be computed and the percentage of paragraph 4 will be recalculated taking into account the entire computed time.
(d) When the beneficiary, without losing the status of retirees or pensioners, chooses to change the concessional system either national, provincial or municipal, the average of the remuneration applied for the calculation of the supplement will be replaced, resulting in the consideration of the positions or hours of chair recognized by this regime, performed for thirty-six (36) calendar months more favorable, consecutive or not, included in the last two calendar months
Article 4 - Regulation.
1. The thirty-six (36) calendar months, consecutive or not, referred to in article 4 (b), shall be covered in the period of sixty (60) calendar months immediately prior to the cessation of teaching activity included in article 2 of the Act.
2. In order to determine the performance time of the services referred to in article 2 and article 4 (b) of the Act, it shall be computed:
(a) One (1) day for each legal day, regardless of the number of positions and hours of chairs held, although the time of work they had demanded exceeds that day.
(b) Uninterrupted service lapses for the time-frame elapsed from the day the tasks began until the day they ceased, both inclusive.
(c) Periods of leave, legal breaks, illness, accidents, maternity, or other causes that suspend but do not extinguish the working relationship, provided that remuneration or compensatory allowance for such periods had been received.
(d) The period of compulsory military service by the so-called ordinary, special mobilization or call, from the date of the call and up to thirty (30) days after the end of the service, provided that at the time of the call, the participant held positions or hours of chair recognized by this regime.
2.1. The periods computed by application of subparagraph (c) when compensation has been received, and by application of subparagraph (d), shall be considered with contributions from the validity of this regime.
2.2. When the application of legal rules recognizes a higher educational age than that of the years of service actually fulfilled, it shall be taken into account.
2.3. It is not computed for the provision of honorary services.
3. When the participant has the right to retirement for disability or has died and at the time of the cessation of activities the teaching services performed were less than one (1) calendar month, the monthly remuneration to be computed will be equivalent to that corresponding for one (1) month.
4. Retirements from the application of Act No. 22,804 or of the conventions provided for in article 32 of the Act, which meet the requirements of article 4 (b) of the Act, and which, due to the short period of validity, do not meet the requirement of subparagraph (c) of the said article, may pay the missing contributions in the following manner:
(a) The supplementary box shall grant the supplement and shall discontinue the whole of the supplement on a monthly basis until the missing contributions are cancelled.
(b) Such contributions shall be calculated on the basis of the updated remuneration assigned to the posts and hours of chairing held during the last month in the teaching activity included in Article 2 and for the time of services with missing contributions.
ARTICLE 5o - Regulation.
1. The beneficiaries are subject to the following obligations.
(a) To provide the supplementary box with the reports required by it in relation to their situation in relation to the foresight laws and the present regime.
(b) Communicate to the supplementary box any situation affecting or affecting the right to a full or partial perception of the complement enjoyed within 10 days of the event.
ARTICLE 6 - Regulation.
Complements can be paid in a bimonthly manner.
The right to supplement shall be recognized from the date on which the retirement or pension granted by the national, provincial or municipal social insurance scheme is devented. The supplement shall be extinguished or suspended when the beneficiary ' s foreseeable right is extinguished or suspended.
No supplements shall be accrued prior to the Act No. 22,804.
Complements are mobile. Its updated value will be applied for the calculation, the remunerations and additionals in the respective jurisdiction, with an earlier one that may not exceed three (3) months prior to the payment of the supplements. In the event that the above wage information is not available, the remuneration for national teachers shall apply. No readjustments will be made for wage changes following the liquidation closure.
ARTICLE 8 - Regulation.
The allocations for the first and second half of each year shall be paid at the same time as the supplements to be paid for the months of June and December, respectively, or when the benefit is liquidated if it is extinguished before the end of the semester.
ARTICLE 9o - No regulation.
ARTICLE 10. - Regulation.
The percentage applied to calculate the supplements in accordance with article 3, paragraph 1 (c), shall be fixed by the Supplementary Fund, taking into account the age of the beneficiaries and the time of services provided to the supplementary regime, in accordance with the available resources, for the purpose of regulating the distribution of net income among all beneficiaries. (Article replaced by Article 4 of the Decree No. 163/1999B.O. 09/03/1999)
ARTICLE 11. - Regulation.
1. The Complementary Fund may in each year constitute a reserve fund that may not exceed TEN per cent of the updated income in the form of contributions of the participants, their accessories (recharges, interests or updating) and fines that correspond to the regular and regular obligations accrued in the previous immediate calendar year. In order to constitute the reserve fund, it may be affected monthly until TEN per cent of the income received, as provided for in this article. The establishment and use of the reserve fund shall be subject to reasonableness and prudence criteria, which may be used for the acquisition of goods of use necessary for the operation of the Complementary Fund, in which case the corresponding replacement shall be made.
2. The accrued reserve fund may not exceed TEN (10) times the monthly average of the total of the updated supplementary benefits, paid during the last DOCE (12) calendar months.
3. The funds and/or availability that exceed the amount set out in the preceding paragraph may apply to the payment of supplements in successive periods, be invested in accordance with the provisions of article 15 of Law No. 22,804 and its modification, and/or the implementation of services for the members of the system. All this subject to the same criteria of reasonableness and prudence, with preservation of its replenishment and intangibility.
4. For the purposes of calculations provided for in the preceding sections for the establishment of the reserve fund, the bonds, titles or certificates received in payment of debt for contributions shall not be computed.
5. It is understood as benefits for the purposes of the Act, the complement of pensions and/or pensions, as appropriate. (Article replaced by Article 5 of the Decree No. 163/1999B.O. 09/03/1999)
ARTICLE 12. - Regulation.
The percentage of the mandatory and uniform contribution set out in subparagraph (a) of this article or those determined by virtue of the powers conferred by it shall be applied on the remuneration of the posts and hours of chairing held under the conditions of article 2 of the law, set by the legal provisions of the respective jurisdictions.
ARTICLE 13. - No regulation.
ARTICLE 14. - No regulation.
ARTICLE 15. - No regulation.
ARTICLE 16. - No regulation.
ARTICLE 17. - No regulation.
ARTICLE 18. - Regulation.
1. The most representative first-degree union associations at the national level with a trade union person will raise to the Ministry of Education and Justice, the proposal of their candidates with the respective alternates, with a anticipation not less than sixty (60) days of finalizing the mandates of those designated by the Ministry of Education or proposed group associations; to constitute the first council shall refer the proposal of candidates for appointment by the Ministry of Education and Justice within thirty days.
The Ministry shall determine the procedure and precautions by which the representativeness invoked by the union associations shall be accredited.
2. Voters shall have the right to apply for leave without pay when serving on dependency and to have their employment booked up to thirty (30) days after the end of the term.
ARTICLE 19. - Regulation.
1. The Governing Council shall sesssion with at least SEIS (6) of its active members, and take decisions with two thirds of votes in the following matters: (Paragraph replaced by art. 7° Decree No. 163/1999B.O. 09/03/1999)
(a) Establish a Reserve Fund.
(b) Approving the cost budget and resource calculation.
(c) Establish the percentage of deduction provided for in paragraph 5 of the regulation of article 3 of the Act.
(d) To propose to the national executive branch the change in the percentage of participants ' contributions.
(e) To have their assets.
(f) To adopt agreements with national, provincial, municipal and private agencies to extend the complementary regime to teaching staff.
(g) Establish the percentage referred to in subparagraph 1 (c) of the regulation of article 3 of the Act.
(h) Sentencing well-founded interpretation criteria and issuing complementary standards.
2. For the approval of the expenditure budget and the calculation of resources, memory and inventory, general balance and state of results, as well as to propose the modification of the contribution of the participants, the report of the trustees will be required.
3. The repayments of the goods necessary for the operation of the supplementary box will not be computed for the calculation of four per cent (4 per cent) of the income for any concept contemplated in subparagraph (h) of this article.
ARTICLE 20. - No regulation.
ARTICLE 21. - No regulation.
ARTICLE 22. - Regulation.
1. These are the powers and duties of the Synods:
(a) To exercise control over compliance with the provisions of this regime.
(b) To participate with voice, but without vote, in meetings of the Governing Council, to which they shall be summoned. In the event of disagreement with the decisions taken by the Governing Council, they should be well recorded.
(c) To include in the agenda of meetings of the Governing Council such points as they deem appropriate.
(d) Request to convene an extraordinary meeting of the Governing Council when urgent reasons so require.
(e) Fiscalize the administration of the supplementary box for which the relevant books and documentation should be examined, at least once every three (3) months.
(f) To verify equally and with the same periodicity the availability and investment and compliance with the obligations.
(g) To report on the budget for expenditures and calculations of resources, memory, general balance and statement of results and inventory, as well as on the modification of the contribution of participants.
2. For the designation by the Ministry of Education and Justice of the Syndicate on the proposal of the most representative group associations, each of them will raise to the Ministry a payroll consisting of one (1) holder and one (1) alternate, in advance not less than sixty (60) days after the end of the mandate of the designate on the proposal of the union associations. The Ministry shall determine the procedure and precautions by which the representativeness invoked by the union associations shall be accredited.
In order to integrate the first union, the trade union associations shall refer the list of the proposed candidates, respectively, within thirty (30) days of the publication of this regulation in the Official Gazette.
3. For the election of the syndic on behalf of the retired beneficiaries, the Complementary Fund will make the call with the widest publicity and will set the date of the electoral event with no less than SESENTA (60) days in advance. The electoral event will take place before CUARENTA and CINCO (45) days of the end of the mandate. The Board of Directors of the Fund shall issue the Rules of Procedure of the Electoral Board, with a no lesser advance of CUARENTA and CINCO (45) days of the election.
3.1 The vote will be secret, not compulsory, and the election will be made directly and by simple plurality of suffrages. Each retiree member shall issue one (1) vote only and shall bear in the appropriate form and in the jurisdiction corresponding to his/her home.
3.2 An Electoral Board consisting of CINCO (5) members and DOS (2) alternate members, whose designations will be carried out by the MINISTERY OF CULTURE and EDUCATION, who will have to make them in a not lesser anticipation of CUARENTA and CINCO (45) days at the date of the election event; will have one (1) President and one (1) Secretary elected between its components. It will last until the Syndicate takes office.
3.3 The Electoral Board shall resolve all matters concerning the registers, lists of candidates, contests, election act with final scrutiny and proclamation of the elect. It will address and resolve all issues that may arise in connection with the electoral event and establish the places and forms according to which the retired beneficiaries will vote, in accordance with the domicile of the same and the number of registered persons. It may designate Electoral Delegates, by a well-founded resolution, when the number of electors or operational complexity of the electoral procedure so warrants.
3.4 The Complementary Fund shall send to the Electoral Board, with a no lesser advance of CUARENTA (40) days to the electoral event, the lists of beneficiaries eligible to vote: to be retired with the benefit agreed by the Complementary Fund, at the date of the electoral call.
3.5 The Electoral Board shall take the driving measures to ensure that the respective chairperson receives the voter's register for his table. It may also request the authorities of each establishment or unit, the appointment of UN (1) president, UN (1) secretary and UN (1) prosecretary to constitute the table.
3.6 The Electoral Board may request information and collaboration from the agencies and establishments in which the Fund ' s affiliates - nationals, provincials, municipal and private parties - and also from the Fund, especially with regard to its beneficiaries. At the request of the Fund and/or the Electoral Board, the Ministry of Culture And EDUCATION will provide information and collaboration and provide the necessary support for the normal development of the electoral event. The staff designated for such functions shall be justified with pay in the insistence on the day of the trial, if the respective jurisdictions so resolve. The table will operate on the day set for the election, within the time and place chosen by the Electoral Board for that purpose.
3.7 The president of the board will receive the list of retired teachers who are in a position to vote, with their personal data: name, surname, type and number of documents and domicile, indicating the place in which he will vote. These lists will be displayed in the same places enabled for voting.
3.8. Nomins of candidates, which shall credit the conditions set out in this section, shall be filed with the Electoral Board with an advance not less than the CUARENTA (40) days of the date set for the election, having to have the endorsement of CIEN (100) minimum electors and the acceptance of the applicants, formalized in writing. Such payrolls shall contain the names of THREE (3) candidates, UNO (1) as the holder and DOS (2) for alternate, which shall replace the holder with their order.
3.8.1. The Electoral Board shall verify whether the proposed candidates meet the requirements and shall immediately publicize the officialized payrolls within a period not less than TREINTA (30) days at the date of the election event, for the purpose of their knowledge by the interested parties.
3.8.2. The Electoral Board will assign a number to each approved nominee. The lists of official candidates will make the ballots that will be used in the election. The objections must be formulated within the THREE (3) working days following the publication of the lists and the Board shall approve or reject them, by reasoned resolution, as the only instance, within a period not exceeding THREE (3) working days.
3.9. Each roster of candidates may credit DOS (2) legal representatives or representatives to the Electoral Board, through public or private instrument, with signature certification by public scribe, who may act jointly or indistinctly. At each table entitled for the receipt of votes, each list may designate one (1) prosecutor.
3.10. The Electoral Board shall designate as officers UN (1) President, UN (1) Secretary and UN (1) Prosecretary. The authorities shall be teachers in activity or retired beneficiaries.
3.11. The ballots will be of white paper, will have a uniform format and will be printed the number assigned by the Electoral Board, the annotation of "syndic", the names of the candidates and their order. The inclusion of the name and distinctive sign of trade union associations of teachers ' and/or legally recognized entities shall be permitted to join retired beneficiaries of the Complementary Fund. In the dark room there will only be official ballots of all the lists. Tachas will not be valid in the ballots and each candidate can only integrate a list.
3.12 On the day of the Composition, the officers of the voting table shall be constituted at the place where the voting shall be held and shall take the necessary precautions for the initiation and development of the electoral act. The respective records will be broken, at the beginning and at the end of the electoral event, which will be signed by the officers and the prosecutors present, if they wish to do so.
(a) The opening record shall be written in the following terms:
"In ... (locality) ... a ... (in letters) ... days of the month of ... (year in letters) ... being the ... (hours in letter) ... declare open the electoral act corresponding to the call of the day ... of the month of ... of the year ... (in letters), table ... (letras), which has the number of lords ... (letras) empadronados, for the election of the syntheses who will represent the judges ...
(b) The closing record will be drafted in a similar manner and the number of suffrants will be indicated therein, and all other circumstances in relation to the composition.
(c) The provisional scrutiny record shall indicate the votes obtained by each of the lists submitted, the blank votes and the annulled votes.
The records will be made by duplicate and will be forwarded to the Complementary Fund within the following hours.
3.13 Voters shall credit their identity to the voting table by presenting the respective document in the register or authorization (National Identity Document, Enrolment Book, Civic Book or Identity Card), a requirement without which they may not vote.
3.14 Checking the identity of the voter, the president will hand over the envelope for the vote, which they will sign in his presence. Once the vote has been issued, the president will place the relevant record in the register, in which the voter's signature will be recorded.
3.15 Any documentation used in the election act, pads, ballots, original records, envelopes and authorizations to retired beneficiaries, etc., will be sent within the VEINTICUATRO (24) hours to the Electoral Board.
3.16 The board authorities, headquartered in the Federal Capital and Gran Buenos Aires, shall, by authorized staff, forward all documentation to the Electoral Board within the VEINTICUATRO (24) hours after the end of the voting. Those who correspond to the interior will send the documentation in the same period by express certificate.
3.17 The Electoral Board shall consider and resolve the challenges that may arise, shall make the final scrutiny within TEN (10) days of the date of the election and shall proclaim the elect, which shall correspond to the ballot with the greatest number of votes.
3.18 In case of a DOS tie (2) or more lists, in the presence of the candidates or their representatives, the draw will be taken to determine the location of the lists. The Board within VEINTICUATRO (24) hours will notify the Fund of the payroll of the chosen. The Complementary Fund shall perform the elective title syndicate within the following working days.
3.19 In all that is not expressly foreseen, the National Electoral Code will be supplemented.
For the purposes of this article, the deadlines will be computed for working days. (Apartment 3 replaced by art. 8° Decree No. 163/1999B.O. 09/03/1999) 4. All the emerging costs of the call and the electoral event will be financed by the supplementary box. Such expenses shall be excluded from the administrative expenses referred to in article. 19 of the Law.
(Note Infoleg: By art. 8 Decree No. 163/1999 Paragraph 3 of this article was replaced, in the text of that amendment, paragraph 4 has also been incorporated, and the same has not been expressly replaced: "4. All the emerging costs of the call and the electoral event will be met by the Complementary Fund. Such expenses shall be excluded from the administrative expenses referred to in article 19 of the Law.")
5. The synods will last three (3) years in their functions and remain in their positions until they are replaced, and may be re-elected.
(Note Infoleg: By art. 8 Decree No. 163/1999 paragraph 3 of this article was replaced, the text of the amendment has also incorporated paragraph 5, having not been expressly replaced.:"5. The synods will last three (3) years in their functions and remain in their positions until the expiration of their mandates, and may be re-elected.")
6. Trustees shall have the right to apply for unpaid leave when serving on dependency and to have their employment reserved up to thirty (30) days after the end of the term.
(Note Infoleg: By art. 8 Decree No. 163/1999 paragraph 3 of this article was replaced, the text of the amendment has also incorporated paragraph 6, not having been expressly replaced. :"6. Trustees shall have the right to apply for unpaid leave when serving on dependency and to have their employment reserved until TREINTA (30) days after the end of the term."
ARTICLE 23. - No regulation.
COMPLEMENTARY AND TRANSITORY PROVISIONS
ARTICLE 24. - Regulation.
1. In the case of beneficiaries covered by this article, but not included in article 26 of the law, the supplementary box is entitled, in order to calculate the supplement on the basis of the best monthly remunerations, set out in article 3 of the law, for the positions and hours of chair exercised in the thirty-six (36) most favorable calendar months included in the period of sixty (60) months immediately prior to the termination of the activity
2. Paragraph 5 of the regulation of article 3 of this Act shall be applicable.
ARTICLE 25. - No regulation.
ARTICLE 26. - Regulation.
1. Article 3, paragraph 3, of the Act No. 22,804 shall apply.
2. In the case of the beneficiaries of the former Supplementary Fund for Retirements and Pensions of the Teaching Staff, and in the absence of all trial elements to proceed with the calculation provided for in paragraph 1 of the regulation of article 3 of Act No. 22,804, the supplementary box is entitled to take as the basis of that calculation the monthly remuneration assigned to posts and hours of chairing that took into account the former supplementary regulation for the calculation of its benefits, as well as 4
2.1. The authority granted may exercise it for a period not exceeding five (5) years, from the date of force of Law No. 23.647.
ARTICLE 27. - Regulation.
1. No charges, hours of chairing or time of service shall be recognized when the employer has not made the respective retention of contributions, except that within the ninety (90) days of the commission the participant makes the complaint to the Complementary Fund. Although the employer does not enter the appropriate opportunity the contributions retained, the participant will retain the right to recognition of the positions and hours of chairing and to the calculation of the time of service.
2. Employers of participants are subject to the following obligations:
(a) To register as such in the Supplementary Fund and to account for any modification in its status as employers.
(b) To register its employees under article 2 of the Act in the Supplementary Fund and to report to the Fund as long as an affiliate is incorporated or ceases to belong to its staff.
(c) Practice in the remuneration of participants the discount of the contribution and place it in the order of the Supplementary Fund subject to article 14 of the Act.
(d) To communicate to the Supplementary Fund any other information required by the Fund relating to its status as employers and to that of staff covered by the law.
(e) Provide the reports and display the vouchers, books, records, documents and justifications required by the Complementary Fund, and allow such inspections, checks and complaints as it deems necessary in the workplace.
(f) To grant members and beneficiaries or their beneficiaries, where they request it and in all cases when the termination of the employment relationship occurs, the certification of the positions held, the receipts and the contributions retained, and any other documentation necessary for the recognition of services or the granting of any benefit or readjustment.
(g) Provide the Supplementary Fund periodically with the payroll of the affiliated staff, listing their surname and name, identity document, sex, date of birth, charges and periods of performance, monthly discrimination against perceived remuneration, retention contributions and deposits. Each period shall be set by the Complementary Fund.
(h) Complain to the Supplementary Fund any facts or circumstances concerning their own situation or that of the participants, which affect or may affect the fulfilment of the respective obligations established by law.
2.1. The ministries, educational secretariats or equivalent agencies of the Nation, the provinces, the Municipality of the City of Buenos Aires, and the National Territory of the Land of Fire, Antarctica and South Atlantic Islands, as employers of the staff under subparagraphs 2 (a) and (c) of the Act, are subject to the obligations referred to in subparagraphs (b), (c), (d), (f), (g) and (g) and
2.2. The Governing Council may modify the type of information provided for in subparagraph (g), in order to have the necessary and sufficient evidence for the control of income and to grant supplements within the shortest possible time.
3. The obligations set out in subparagraphs (a), (b), (d), (f), (g) and (h) of the preceding item 2 shall be fulfilled within the period of thirty (30) days from the date on which the obligation originates.
4. In the event that the employer does not retain the amounts to which he is obliged, he will be personally responsible for the payment of the amounts not retained with his accessories, without prejudice to the right of the Complementary Fund to charge the participant for such sums.
ARTICLE 28. - No regulation.
ARTICLE 29. - No regulation.
ARTICLE 30. - Regulation.
For its relationship with the National Social Security Secretariat and the foresight boxes, the Complementary Fund in its structure will contemplate the creation of a forecast advisory.
ARTICLE 31. - No regulation.
ARTICLE 32. - Regulation.
Authorize the Complementary Fund to enter into agreements with centralized, decentralized and autonomous agencies of the national civil service, with the provinces and municipalities and private entities, in order to incorporate its teaching staff at all levels, modalities and specialties into this regime.
ARTICLE 33. - No regulation.