Bs. As. 14/8/95

See Background

VISTO

Acts 19,032, 23,660, 23.661, 23,696, 23.697, 23,848, 24,447, 24,465 and Decrees No. 2741 of 26 December 1991, 507 of 24 March 1993, 576 of 1 April 1993, 2609 of 22 December 1993, 227 of 14 February 1994, 1430 of 22 August 1994, 2360 of 28 December 1994 and 872 and

CONSIDERING

It is the priority objective of the National State to establish the basis for sustained growth in economic activity, productivity and occupation levels.

That tax pressure on payroll is high, and it is necessary to implement measures leading to the gradual reduction of such costs, without affecting fiscal balance or the efficient financing of all security subsystems

Social.

That in the area of the National Health Insurance System it is necessary to create devices that tend to prevent possible traumatic impacts associated with the reduction of employer contributions.

That it is the duty of the National Executive to establish mechanisms to improve the levels of equity established in general legislation, and must create agile instruments to operationalize compliance with the automatic distribution imposed by article 24 (b) of Law 23.661.

For that reason, a redistribution of the National Health Insurance System ' s solidarity resources should be envisaged to ensure that the beneficiaries of lower incomes receive a flow of resources consistent with adequate health coverage.

That it is necessary to centralize the collection and control of all social security resources in a single collection entity, in order to reduce the costs of overlapping efforts.

That for the efficiency of the National Health Insurance System it is necessary that the contributions and contributions of those in pluriemple situation and of the family groups with more than one beneficiary be unified in a single Health Insurance Agent.

In the quest for the efficiency of health benefits, it is also necessary to expand the possibilities of the beneficiaries of the National Health Insurance System to choose those agents who will ensure sufficient coverage at the lowest cost.

That in pursuit of this objective it is necessary to expand the possibilities of retirees and pensioners so that they freely choose the insurance agent that will provide them the benefit.

That Decree 2741/91 created the National Social Security Administration by imposing as a function the administration and perception of all resources from Social Security.

That as a way of ensuring an agile and efficient tool that allows the free choice of the insurance agent without risking the continuity of the benefits, it is necessary to empower the National Social Security Administration to transfer the financing of each retired or pensioned beneficiary directly to the chosen agent.

That it is necessary to establish agile mechanisms to guarantee such an option.

It is appropriate to implement the above-mentioned implementation of a Register of Agents of the National Health Insurance System for the Medical Care of Retired and Pensioned in the Regulatory Body of the System, where the agents interested in providing medical benefits to the passive population are registered.

It is necessary to establish that such registration will involve the acceptance of the new regulatory legal framework and therefore the existing contracts will be void, exempting the parties from fulfilling their obligations without the right to restitution.

It is necessary to strengthen the situation of the National Institute of Social Services of Retired and Pensioned Persons by transferring the financing of the poverty grant to the National Social Security Administration.

It is considered appropriate to centralize the management and financing of tourism and recreation services in their natural environment, avoiding the dispersion of agencies and the overlap of functions negatively affecting the genuine functions of the National Institute of Social Services for Jubilee and Pensioners.

That the SECRETARY for Social Development, under the presidency of the Nation, is aimed at the social protection of that part of the economically indefense population and does not contribute to social security.

It is considered appropriate to centralize the process of granting liquidation and payment of assistance benefits in a single agency, seeking assistance efficiency in the use of economic resources.

That it is necessary to ensure sufficient collection for the fulfilment of the specific purposes of the resources of Social Security, in the face of the decrease in the collusions corresponding to the employer ' s contributions.

It is essential to generate additional mechanisms that encourage compliance with tax and social security obligations within the framework of the fight against evasion and the promotion of employment.

That the present is given in the use of the powers conferred by article 99, paragraphs 1 and 2 of the National Constitution, and article 61 of Act No. 23,696.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Chapter I

Reduction of employers ' contributions

Article 1 Replace Annexes I and II of Decree 372/95.

Art. 2o- The new liquidates indicated in Annex II shall be applicable to the remuneration earned from 1 September 1995 in accordance with the schedule set out in that annex.

Chapter II

Automatic distribution of the Redeployment Solidarity Fund

Art. 3o- (Article Derogated by Article 8 of the Decree No. 1867/2002 B.O. 19/9/2002)

Art. 4o- IMPOSITIVE GENERAL DIRECTION, dependent on the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTS AND SERVICES PUBLICS will collect and monitor, from 1 October 1995, the resources of different nature referred to in article 16 of Law No. 23,660 for the Solidarity Fund for Redeployment. The said entity shall implement the relevant procedures for the collection of the above-mentioned resources.

Art. 5o- HACIENDA SECRETARIAT AND PUBLIC INCOME, both of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS are empowered to dictate all the operative and interpretative and other rules required for the collection and distribution of the resources mentioned in Articles 3 and 4 above, as well as for their incorporation into the mechanisms created by this Decree.

Art. 6o- The distribution mechanisms provided for in article 3 of the present decree shall replace, as from 1 October 1995, all the procedures used to date to compensate for drops in the collection of social works by the application of Decree 2609/93, its amendments and supplements, additionally constituted the financing instrument referred to in article 2 of Act No. 24,465 and its regulation.

Art. 7.- Refer to the Ministers of Economics and Public Works and Services, of Health and Social Action and of Labour and Social Security, by the end of the last trimester of the current period, the faculty established by Decree 2360/94, annex to Article 8, item I.b) to make the budgetary adjustments of the decentralized agency 900 - National Health Insurance Administration, for the purpose of dealing with the costs of the Self-distribution Fund

Chapter III

Removing multiple coverages and unification of contributions for Social Works

Art. 8o- No beneficiary of the National Health Insurance System may be affiliated with more than one agent, either as a beneficiary or as a member of the primary family group.

In all cases it must unify its affiliation. The collector shall issue the necessary rules for the enforcement of this obligation.

Art. 9o- Beneficiaries of the National Health Insurance System in a pluriemple situation are obliged to concentrate their contributions and contributions to the National Health Insurance System in a single agent, and must communicate the option to their employers. This obligation must be carried out within a not greater period of SESENTA (60) days from the time of the configuration of this situation. After such a term without the expression of the will, the collector must unify the coverage in the National Health Insurance System agent who has received the largest quote during the aforementioned period and notify the National Health Insurance Administration.

Chapter IV

Freedom of choice for retirees

Art. 10.- Créase the REGISTRATION OF AGENTS OF THE NATIONAL SYSTEM OF THE HEALTH SYSTEM FOR THE MEDICAL ATTENTION OF JUBILADOS AND PENSIONS IN THE NATIONAL ADMINISTRATION OF THE HEALTH SYSTEM, which shall be in operation by 1 October 1995.

In the Reference Register, the NATIONAL SYSTEM Agents of the HEALTH SYSTEM who are willing to receive as an integral part of their population attending to the retirees and pensioners must specify whether they will receive only the retirees and pensioners of origin or those from any agent of the NATIONAL SYSTEM OF the HEALTH SYSTEM.

Art. 11.- The beneficiaries referred to in the previous article may choose to join the National Institute of Social Services for Retired and Pensioned Persons or any other agent of the National Health Insurance System registered in the registry.

The agents of the registered National Health Insurance System shall be obliged to receive the beneficiaries who opt for them, their respective family groups and adherents, in no case being able to condition their entry for medical pathology or any other cause.

Art. 12.- The options referred to in article 11 of the present decree may only be exercised by the beneficiaries once a year, by presentation to the National Social Security Administration and shall be effective on the first day of the third month after such submission. The National Social Security Administration should establish and operationalize the necessary mechanisms for the implementation of the above options by 1 October 1995 and may provide an annual period for transfers.

This period may not be less than 3 consecutive months.

Art. 13.- MINISTERIA OF ECONOMY AND PUBLIC ARTWORKS AND SERVICES, WORKING AND SOCIAL SECURITY AND AND ACTION SOCIAL shall, by joint resolution, establish the amount of the capitals that the National Social Security Administration will automatically transfer to the registered agents, of the resources that it legally has to receive from the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILED AND PENSIONS. In addition, they will set the compulsory medical program whose content will be universally applicable in the system.

For the purpose of guaranteeing the financing of the beneficiaries who choose to join an agent registered in the Register, the National Social Security Administration will transfer to that agent, of the resources that legally corresponds to the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILADOS and PENSIONADOS, one capita for each beneficiary. This will be TREINTA and SEIS PESOS ($36) for the beneficiaries of SESENTA (60) or more years of age, of DIECINUEVE PESOS ($19) for the beneficiaries of CUARENTA (40) to CINCUENTA and NEW (59) years of age and DOCE PESOS ($12) for the beneficiaries under 40 years of age. Such transfer shall take place between five and fifteen days of each month.

Art. 14.- Agents who currently have retirees or pensioners among their beneficiaries shall be registered in the Register within the DOS (2) first months from the date of entry into force of this Decree. The existing conventions should be adapted to the new regulations. For the only time, the option referred to in article 11 of this Decree may be exercised by the Social Work of Origin before the NATIONAL ADMINISTRATION OF THE HEALTH FOLLOW-UP, representing its population of retirees and pensioners as at 1 October 1995.

Chapter V

Transfer of the social assistance functions of the National Institute of Social Services for Retired and Pensioned Persons

Art. 15.- As of 1 July 1995, the National Social Security Administration should finance the poverty allowance.

Art. 16.- Transfer to the SECRETARIAT OF NATION TURISM, under the Presidency of the Nation, the services of tourism and recreation by the National Institute of Social Services for Retired and Pensioned from 1 January 1996. The NATIONAL TURISM SECRETARIAT shall finance such services with its own resources.

Chapter VI

Transfer of non-contributory pensions to the SECRETARY for Social Development

Art. 17.- Transfer from 1 January 1996 to SECRETARIAT for Development SOCIAL functions of processing, granting, liquidation and payment of non-contributory benefits under the responsibility of the National Social Security Administration.

Art. 18.- Also transfer to the SECRETARIAT for SOCIAL DEVELOPMENT movable and immovable property, budgetary items and resources allocated to the National Social Security Administration that are affected by the fulfilment of the purposes provided for in article 17.

Chapter VII

Health coverage of non-contributory national pension holders

Art. 19.- The medical coverage of the beneficiaries referred to in article 17 except as provided for in Act No. 23,848 shall be provided by the SECRETARY for Social Development.

Art. 20.- The National Social Development SECRETARIAT should provide medical coverage for reference beneficiaries through public tenders. In these tenders, the Insurance Agents, the Public Hospitals of Self-management, and any other organization that meets the conditions laid down in the fold may participate.

Chapter VIII Transfer of staff

Art. 21.- The staff of the National Social Security Administration and the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILED AND PENSIONS assigned to the fulfilment of the purposes provided for in article 17 and 19 shall be reassigned within the scope of the SECRETARIAT for SOCIAL DEVELOPMENT.

Chapter IX

Benefits requirements

Art. 22.- In order to access the benefits referred to in articles 1 and 2 of the present decree, the taxpayer must have fulfilled its obligations in respect of contributions and contributions to the Unique Social Security System and the Value Added Tax that must have been entered until the immediate month prior to the one in which the contributions reached by the aforementioned benefits must be entered.

Please refer to the IMPOSTITIVE GENERAL DIRECTION to dictate the complementary rules it deems necessary for the purposes of the application of this provision.

Art. 23.- Without prejudice to the provisions of the previous article, companies providing public services with regulated prices to access the benefit referred to in Articles 1 and 2 of the present decree must previously be authorized by the corresponding Regulatory Entity. To this end, they must present a study that quantifies the incidence on the rate of reduction of labour costs.

Chapter X

Art. 24.- Defrost any rule contrary to the provisions of this Decree.

Art. 25.- Contact, post, give to the National Directorate of the Official Register and archvese. Menem-Bauzá-Caro Figueroa-Mazza-Cavallo.

Annex I

A-CRONOGRAMME OF PATRONAL APORT DISCUSSION.

_

B - CRONOGRAMME OF PATRONAL APORT DISCUSSION FOR EXCEPT PROVINCIPLE FOR CORRESPONDIENTS TO CAPITIAL AND PROVINCIAL CIUDENTS, ANNEX I-A

Annex II

(a) National Retired and Workers Pension Scheme for the Unit

(b) Ex-Family Subsidies Cases

(c) National EMPLEMENTATION FUND

(d) NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS.

(e) Social Work Plan

NOVEMBRE-DICIEMBRE

(a) National Retired and Workers Pension Scheme for the Unit

(b) Ex-Family Subsidies Cases

(c) National EMPLEMENTATION FUND

(d) NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS.

(e) Social Work Plan

FROM JANUARY

12.01

5.25

1.05

0.59

5.00

23.90

11.15

4.87

0.97

0.55

5.00

22.54

10.29

4.50

0.90

0.51

5.00

21.20

9.43

4.12

0.82

0.47

5.00

19.84

8.58

3.75

0.75

0.42

5.00

18.50

7.72

3.37

0.67

0.38

5.00

17.14

6.86

3.00

0.60

0.34

5.00

15.80

6.00

2.62

0.52

0.30

5.00

14.44

5.15

2.25

0.45

0.25

5.00

13.10

4.29

1.87

0.37

0.21

5.00

11.74

3.43

1.50

0.30

0.17

5.00

10.40

(a) National Retired and Workers Pension Scheme for the Unit

(b) Ex-Family Subsidies Cases

(c) National EMPLEMENTATION FUND

(d) NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS.

(e) Social Work Plan