INTEGRATED SYSTEM OF JUBILATIONS AND PENSIONS

Decree 78/94

Approve the regulation of Article 168 of Law No. 24,241.

Bs.As., 19/01/1994

Article 168 of Act No. 24,241 and

CONSIDERING:

That the aforementioned legal provision repeals the Nros Laws. 18.037 and 18,038, of retirements and pensions for workers in relation to dependency and self-employed, respectively, their supplements and modifications, except for article 82, and of articles 80 and 81 of Act No. 18,037, which are amended by this rule.

That it is necessary to determine, first, the date from which they will govern the various provisions contained in article 168.

That by the linking and relationship of articles 129 and 191 (d) of Act No. 24,241, it is concluded that the repeal of Acts No. 18.037 and 18,038, its amendments and supplements, will operate only from the date of entry into force of Book I of the Law quoted in the first term.

As to the amendments to articles 80 and 81 of Act No. 18,037 (t. 1976), as required by article 191 (d), it should be understood that they govern since 13 October 1993, the date of enactment of Act No. 24,241.

Secondly, it is appropriate to determine, in order to clarify the issue and to preserve the exercise of their rights by the potential beneficiaries, which are the regimes currently in force, which will be achieved by the derogation provided for in article 168 of Act No. 24,2441.

Article 1 of Act No. 24,241 established an integrated system of pensions and pensions, which is universal and compulsory for all persons over the age of eighteen, including officers who hold positions, even if they are elective, in any of the powers of the NATIONAL STATE, excluding military personnel from the armed forces and military personnel or with police status from the security and police forces.

In accordance with article 130 of Act No. 24,241 provides that supplementary rules shall provide for the procedures, timelines and modalities that make it feasible for the incorporation into the regime by it instituted, of persons who, at the time of its entry into force, shall be covered by it.

That, consistent with the provisions of article 191 (a) of Act No. 24,241, it should be understood that when article 168 repeals all laws amending and supplementing the Laws. 18.037 and 18.038, such derogation is express.

That in order to fulfil the regulatory task entrusted to the executory power, and pursuant to article 191, inc. (a) of Act No. 24,241, it is advisable to explain the regimes covered by the repeal provided for in article 168 of the Act.

That the sanction by Law No. 24,241, of the Integrated Pension and Pension System (S. I. J.P.), is a milestone within the history of the forecast system and cannot be conceived within it the coexistence of contradictory and even opposite norms.

That in order to corroborate what is expressed, it is important to note that when the legislator has wanted to maintain the validity of certain complementary or modulatory regimes of those instituted by the Nros Laws. 18.037 (t. 1976) and 18.038 (t. o. 1980) have expressly established it, as is the case with the special regimes provided for in article 157 of Act No. 24.241.

That article 93 of Act No. 18.037 (original text) repealed article 52 of the Statute of the Teacher (Act No. 14.473), with the exception of article 52 (c).

That the legal provision discussed was regulated in terms of its scope by article 63 of Act No. 18.037 (t. 1976)

That the first paragraph of article 52 of the Teacher ' s Statute provided that teachers ' retirements under that statute shall be governed by the provisions of the relevant laws for civilian personnel, with the exceptions contained in the different subparagraphs that included that article.

As expressed in the previous consideration, it turns out that subparagraph (c) of the commented article 52 is complementary, with regard to the compatibility between the enjoyment of retirement and the performance of duties in relation to dependency, of the regime established by Law No. 18,037 (t. or 1976) and, as such, will be repealed from the date of the entry into force of Book I of Law No. 24,241.

That article 29 of Act No. 18,037 (t. 1976) on the retirement of pre-school, primary, middle or higher educational personnel is not included in the rules that will be repealed from the date of the entry into force of Book I of Law No. 24,241, on the grounds that article 1 of Decree No. 473 of 24 March 1992, the executory force of the Act was interpreted by article 29

As regards the amendment to article 81 of Act No. 18,037 (t. 1976) concerning the transfer of the forecast contributions, the employer ' s contributions, and the replacement of the latter, if any, must be borne in mind that until the date of entry into force of Act No. 24,241 governed the principle of the non-transfer of the aforementioned contributions and contributions.

As expressed in the previous consideration, it follows that the amendment introduced to article 81 of Law No. 18.037 (t. or 1976) must, as stated, govern, since the enactment of Law No. 24.241, but only for the future, that is, the contributions and contributions accrued from the date of entry into force of Law No. 24.241, for services rendered since this date.

That the present decree is issued in the use of the powers conferred by article 86, paragraph 2, of the National Constitution.

Therefore,

THE PRESIDENT

OF ARGENTINA NATION

RIGHT:

Article 1.- Approve the regulation of Article 168 of Law No. 24,241.

ARTICLE 168. - REGULATION:

1. - Please note that from the date of entry into force of Book I of Law No. 24,241, in accordance with article 129, paragraph 1 of the Act, the following pension and pension schemes shall be repealed, and any other amendment or supplementary rule of Law No. 18.037 (t. 1976) and 18.038 (t. or 1980):

2. - Please note that from the date indicated in the first paragraph of the preceding paragraph, article 52 (c) of Act No. 14.473 (Doctor ' s status) and article 63 of Act No. 18,037 (t. 1976).

3. - The regulations concerning the determination of the grant of the benefit, contained in article 80 of Law No. 18.037 (t. 1976), as amended by article 168 of its similar No. 24,241, constitute the reciprocity system established by Decree Law No. 9316/46 and its modifications, and therefore are applicable in the provincial pension and pension regimes of the Municipality of Buenos Aires.

4. - The provisions of article 168 of Act No. 24,241, concerning the modification of article 80 of Act No. 18,037 (t. or 1976), govern as of 13 October 1993, not being applicable to applications for retirements and pensions whose perpetrators have ceased to work before the date indicated.

5. - The transfer of contributions and contributions provided for in article 168 of Act No. 24,241 is solely for the services provided and contributions made as of 13 October 1993. Reference to the SECRETARIAT for Social Security of the Ministry of Labour and Security SOCIAL to establish the procedure to give effect to such transfers and to subscribe to the conventions necessary for their implementation, as well as to dictate the complementary and interpretative norms of this decree.

Art. 2°- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM - José A. Caro Figueroa - Domingo F. Cavallo.