Pensions Law N? 23746 - Its Regulation - Full Text Of The Norm

Original Language Title: PENSIONES LEY N? 23746 - SU REGLAMENTACION - Texto completo de la norma

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PENSIONS Decree 2360/90 Regulation of Law No.23.746

Bs. As., 8/11/90

VISTO Law No. 23.746 and the need to regulate its provisions,



Article 1.. Act No. 23,746 governs from 22 January 1990. Art. 2°.. They shall have the right to a pension established by article 1 of Act No. 23,746, persons who credit in the form provided for in this regulation and its supplementary provisions, the following requirements are:

(a) Be or have been a mother of SIETE (7) or more children born alive, regardless of their age, marital status or nationality or their parent.

Birth and filiation shall be proved by testimony, copies, certificates or any other document issued by the civil status and capacity records of persons, which meet the conditions set out in article 24 of Decree-Law No.8204 of 27 September 1963. In the case of events or events occurring or held abroad, as well as in the event that there are no public registers, or lack of seat in them or that the seats are not in due form, the provisions of articles 79 et seq. of the Civil Code shall apply.

In order to establish the number of children, those adopted in full or simple adoption shall also be taken into account in accordance with Act No. 19.134, which shall be credited by testimony of the relevant judgement or in the manner specified in the preceding paragraph.

(b) Be Argentine or naturalized, with a minimum and continued residence in the Republic of UN (1) year immediately prior to the pension order.

The quality of Argentinian or naturalized will be credited by proof of birth as indicated in subparagraph (a), Argentine identity document or, where appropriate, the relevant citizenship letter.

The residence requirement shall be credited by affidavit of the petitioner, corroborated by certification issued by the police authority of the place of residence of the petitioner or by an official of any of the establishments referred to in article 8, in which the applicant was placed, or summary information of DOS (2) witnesses, as set out in the second paragraph of subparagraph (f) of this article.

(c) Having foreign women a minimum and continuing residence in the Republic of QUINCE (15) years immediately prior to the request for a pension, which will be credited by a public document that shows a certain period of stay in the country.

(d) Do not enjoy retirement, pension, retirement or non-contributory benefit.

(e) Do not possess property, income or other resources that allow their subsistence and that of their living family group, or relatives obliged to provide food, with sufficient economic capacity to provide them in an amount equal to or greater than that of the pension established by Law No. 23.746. It is understood by a living family group, the whole of the economically dependent persons of the applicant, who live with the applicant.

The requirements set out in subparagraphs (d) and (e) shall be credited by affidavit of the petitioner. In order to ratify that declaration, the enforcement authority may require reports and provide any evidence that it deems relevant.

(f) Accrediting identity in legal form (Civic Book or National Identity Document by Argentines and National Identity Document or Foreign Identity Certificate).

In cases of applicants who are absolutely disabled for work or of OCHENTA (80) or more years of age, who lack the documentation necessary to establish their identity and age, both cases may be credited by summary information of DOS (2) witnesses, produced before judicial authority or national, provincial or municipal division that bears the care of the problems of persons lacking resources, completed by an official medical report as to the case of the alleged disability.

Art. 3. In the event of the death of the beneficiary, they shall have the right to a pension established by article 3 of Act No. 23,746, provided that they credit the extremes set out in subparagraphs (b) to (f) of the preceding article.

(a) The widower is incapacitated for work and is responsible for the offender at the time of his death, in concurrence with the children under DIECIOCHO (18) years of age. This age limit will not govern whether the children of both sexes will be incapacitated for work and by the offender at the date of their death, or disabled at the time of their attainment of the age of DIECIOCHO (18) years.

(b) The children of both sexes under the conditions of the preceding subparagraph.

Half of the pension shall be for the widower, if they have children; the other half shall be distributed among them equally. In the absence of children, the entire amount of the pension shall be the widower.

In the event of extinction of the right to a pension of any of the partners, the share of the pension shall be proportionally increased by that of the remaining beneficiaries, respecting the distribution set out in the preceding paragraph.

The provisions of articles 33 and 39, paragraph 2, of Act No. 18,037 (t. 1976) shall be applied in order to establish the inability to work and the condition of being in charge of the offender.

Incapacity will be tested by medical opinion of national, provincial or municipal health facilities or the Social Medicine Management of the NATIONAL INSTITUTE FOR SOCIAL PREVISION.

The age of children shall be credited by proof of birth, as indicated in the second paragraph of article 2 (a) or Argentine identity document.

In order to be entitled to the pension provided for in this article, it is a condition that the death of the offender has occurred from the date of entry into force of Law No. 23.746.

Art. 4°. The spouse who, because of his or her fault or guilt, was divorced, or legally or in fact separated at the time of the death of the offender shall not be entitled to a pension. Art. 5°. Documents issued by foreign authority shall be duly legalized if required by the enforcement authority.

Those drafted in foreign languages should be accompanied by their corresponding translation made by registered translator.

Art. 6° . Without prejudice to the evidentiary measures indicated in the preceding articles, any application for pension under the terms of Act No. 23,746 shall be subject to a social economic survey, which is between 14 and 17 of the regulations for the granting of pensions to old age, approved by Decree No. 3549/66 and its amendments. Art. 7°. Pensions established by Act No. 23,746 shall be processed by the Social Protection Administration of the National Social PREVISION INSTITUTE when the petitioner is enrolled in the Federal Capital or in the Great Buenos Aires, or through the delegations or agencies of the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILADOS AND PENSIONADOS en el interior del país, when the applicant resides in another town.

The pension application form in the terms of Act No. 23,746 and the declarations made on the occasion of the economic-social survey referred to in Article 6 shall be an affidavit.

Art. 8°. The petitioners and beneficiaries may designate the holder for the purposes of the pension or the collection of assets, by means of power granted by public writing, or letter of power extended to the judicial or police authority, public scribe, agencies mentioned in the previous article, national, provincial or municipal division that has the care of the problems of the persons lacking resources, director or administrator of hospital, sanatorium, home or similar institution, public or private that has the responsibility of the petitioners. Art. 9°. The time limit set out in article 4 of Law No. 23 746 shall be computed in administrative working days, counted from the date of initiation of the proceedings, if all the requirements required by the petitioner were met for the Ministry of Labour and Security SOCIAL is in a position to issue with respect to the granting of the pension.

Otherwise, such a time limit will be counted from the completion of those requirements.

Art. 10. Pensions will be paid:

(a) In the case of article 2, starting on the first day of the month following the award of the pension.

(b) In the cases of article 3, from the day after the death of the offender or the day of the presumptive death of the offender, judicially fixed, provided that the application is made within the THREE (3) months after the death or of the sentence that declares the alleged death, or if the absence of representation is terminated, the following shall be incompetent (article 3966 and 3980 of the Civil Code);

The legal and empowered representatives shall be subject to each SEIS (6) months of proof of the survival of the person represented or empowered by a certificate issued by the police authority of his or her domicile.

Art. 11. Payment of the pension shall be suspended:

(a) Failure to submit reports, evidence or other backgrounds required by the implementing authority, within the time limits set by the implementing authority, until the beneficiary complies with the requirement.

(b) In the event of untruth in the affidavits referred to in the last paragraph of article 7, it is determined whether this constitutes a cause for termination of the pension because of the absence of the requirements for obtaining it.

(c) When the beneficiary ceases to receive the pension during CINCO (5) continuous months, until it proves that this circumstance responds to justified cause.

Art. 12.. The right to pension shall be extinguished:

(a) For the surviving spouse and for the children of both sexes, since they married or lived in concubine.

(b) For the surviving spouse and the disabled children for work, since the incapacity disappeared definitively, unless at that time they had CINCUENTA (50) or more years of age.

(c) Where any of the requirements set out in articles 2 (d) and (e) and similar in the first paragraph of article 3 of the present decree disappeared.

(d) For the definitive absence of the country. It is reported that the absence is definitive when it exceeds SESENTA (60) continuous or discontinuous days in each calendar year. The Undersecretariat for Social Security may, in particular cases and on reasonable grounds, authorize or justify by a well-founded resolution absences that exceed the deadline set above.

Art. 13.. Insofar as they are compatible with Act No. 23,746 and the present decree, the provisions of the regulations for the granting of pensions to old age and disability, approved by Decrees No. 3549/66 and 3177/71 and their amendments, respectively, shall apply. Art. 14.. The Under-Secretary for Social Security is empowered to dictate the complementary and interpretative norms of this decree. Art. 15.. Contact, post, give to the National Directorate of the Official Register and archvese. .MENEM . Alberto J. Triaca.