Bs. As. 11/7/91
Given the critical situation in which national and municipal social welfare systems are undergoing, and
That the National Executive Power has repeatedly externalized its decision to promote the repeal of differential and special retirement regimes.
Consequent to that purpose, it submitted to the consideration of the HONORABLE CONGRESS OF NATION - during the current management- the bills accompanied by the Messages Nros. 419 of 28 February 1990 and 1044 of 4 June.
That such initiatives, despite the time elapsed, have not received legislative consecration.
That the NATIONAL EXECUTIVE PODER is obliged to take the necessary measures to safeguard the principles of equality and social solidarity inherent in any social welfare regime, a compulsory derivation of the precept enshrined in article 16 of the National Constitution, without prejudice to a future structural reform of the system that, together with its financial sanitation, ensures its viability and the granting of decent benefits.
That in that order of ideas it is appropriate to repeal all the national and MUNICIPALITY of the CIUDAD OF BUENOS AIRES- that establish provisions of a substantial nature other than those established by the common regime applicable to the generality of participants and beneficiaries.
Moreover, it is incumbent on the repeal of the policy plex that provides sustenance to the differential regimes established by the NACIONAL EXECUTIVE PODER, in accordance with articles 62 of Act No. 18.037 (t. 1976) and 45 of Act No. 18,038 (t. 1980), and of those relating to non-contributory pensions that are financed by both municipal pensions and pensions.
That, however, the HONORABLE CONGRESS OF NATION may, when it deems appropriate, grant non-contributory pensions which it deems appropriate in exercise of the powers conferred upon it by article 67, paragraph 17, of the National Constitution or, where appropriate, to sanction differential regimes in respect of retirement.
That, in order to safeguard guarantees of constitutional order, it is appropriate to provide that the aggrieved derogations shall not reach persons who have an acquired right, keeping for such cases to the application of the rules that are repealed, except in respect of the mobility of benefits, which, starting with the entry into force of the present, shall be governed by the provisions of the common system in force in the matter.
That the above-mentioned solution finds a solid ethical foundation, unless it is repaired that it is clearly a manifest injustice that a small group of beneficiaries receives substantially higher amounts than those paid to the vast majority of retirees and pensioners of the national forecast system and the MUNICIPALITY of the AIRES CITY.
That the national government cannot remain inermous or impassable to that situation, and therefore must make all necessary efforts to produce the necessary amendments.
That the Supreme Court of Justice DE LA NATION has admitted the possibility that the State, in emergency situations, will exercise the power of the police whose application is followed by a restriction of constitutional rights that would not be admissible under ordinary circumstances. While the emergency does not create power, it stops reason, and with it the opportunity for its exercise (Fallos: 172:21; 243:464, and others).
In the present circumstances, it is notorious that the alluded forecast systems suffer a crisis of extreme gravity, which is why the requirements that make the exercise of this exceptional faculty viable are met.
That the situation chart described above requires urgent action, since the solutions to implement do not allow any further delay, as otherwise the serious state of the system would be further deepened.
That the exercise of legislative functions by the NATIONAL EXECUTIVE POWER, when the need is made present and the urgency justifies it, has been admitted in the case law by our highest court of justice (Fallos: 11:405; 23:257).
That also the most authoritative doctrine has been pronounced in favor of the constitutionality of the so-called regulations of necessity and urgency (Joaquín V. González, "Manual de la Constitución argentina", p. 538; Rafael Bielsa, "Administrative law", t. I, p. 309;Benjamin Villegas Basavilbaso, "Administrative law", t. I, p. 285; Manuel María DIEZ, "
That the acceptance of the above-mentioned faculty is based on the fact that, the principle of division of powers, cannot be understood as an impediment for the national executive branch to make the decisions that are appropriate to meet supreme state needs, especially when the urgency of the solutions required, does not allow them to be approved by the NATIONAL LEGISLATIVE PODER.
That, without prejudice to its dictation, the present act is subject to legislative ratification, since it is incumbent upon the HONORABLE CONGRESS OF NATION, ultimately, to take the appropriate action on the basis of the reasons set out here and of those considered by that body to be most appropriate.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1. ! Deploy any legal rule in respect of the national pension and pension system, regardless of its hierarchy, that establishes provisions on eligibility requirements, determination formula for having or percentage, bonus, mobility, minimum or maximum of the benefit, compatibility between the enjoyment of the benefit and the performance of the activity, accumulation of benefits, computation of service time or remuneration, or compensation of excess of age with a variety of services or other benefits.
Exclude from the provisions of the paragraph before the Laws. 20,475, 20,888, 22.986, 23,248 and 23,716.Art. 2°. ! The differential regimes instituted by the national executive branch under articles 62 of Act No. 18,037 (t. 1976) and 45 of Act No. 18,038 (t. 1980). Art. 3. ! The provisions of the preceding articles do not apply to persons who at the date of entry into force of the same have a right acquired under articles 27 of Act No. 18.037 (t. 1976) or 15 of Act No. 18.038 (t. 1980), maintaining, for such cases, the application of the rules that are repealed, except in respect of the general agreement governing the mobility of the benefits, Art. 4°. ! Defrost any legal norm, whatever its hierarchy, which provides for the inclusion in the predictive regime of the CAJA DE RETIROS, JUBILATIONS AND PENSIONS OF THE POLICY FEDERAL, of agents of the national civil service other than the police institution or box cited.
Exclude from the provisions of the paragraph before the staff referred to in Act No. 19,173.Art. 5°. ! Defeat any legal provision in force in the national pension and pension system that authorizes computing for retirement purposes of periods of inactivity due to political, social, ideological or union causes.
The above provisions are not applicable in cases where, at the date of entry into force of this decree, the person concerned has expressly made to the competent previsional agency the corresponding request for the calculation of the periods of inactivity for any of the pre-indicated cases.Art. 6th. ! Default of Act No. 23,604.
The above provisions do not apply to cases where, at the date of entry into force of the present, the person concerned would have exercised expressly before the competent previsional agency, the right agreed by the law cited.Art. 7°. ! The Act No. 18,037 (t. 1976) and 45 of Act No. 18,038 (t. 1980). Art. 8°. ! Article 5 of Act No. 20,475 is prohibited. Art. 9°. ! All general non-contributory schemes financed by the national pension and pension system are set aside.
The above provisions are not applicable in cases where, at the date of entry into force of the present, the person concerned has expressly exercised the corresponding application for a pension before the competent agency.
Exclude from the provisions of the paragraph. 1 to the pension system established by article 9 of Act No. 13,478, as amended by its similar No. 20,267.Art. 10. ! In the period of NOVENTA (90) days, counted from the date of entry into force of the present, the rules that are necessary to conform the legislation in force to the aforementioned provisions shall be issued. Art. 11. ! The present will enter into force on the day after its publication in the Official Gazette, with the exception of articles 1o, 2o and 4o, which will govern from the NOVENTA (90) days of the prescribed date. Art. 12. ! The present decree shall be in the field of MUNICIPALIDA DE LA CIUDAD DE BUENOS AIRES, whose Executive Department shall regulate its implementation. Art. 13. ! Invite the Provinces and, where appropriate, the municipalities to adopt in their respective fields rules similar to those contained in this decree. Art. 14. ! Note the HONORABLE CONGRESS OF NATION. Art. 15. ! Contact, post, give to the National Directorate of the Official Register and archívese .MENEM . Julio I. Mera Figueroa . Avelino J. Porto . Guido J. Di Tella . Domingo F. Cavallo .Antonio E. González . Rodolfo A. Díaz . Antonio F. Salonia.