The Convention on the Transfer of the Provincial Social Security System of the Province of Catamarca to the Nation and its Complementary.
Bs. As., 7/3/95
VISTO record 49,305/94 of the Register of the NATIONAL ADMINISTRATION OF SOCIAL SECURITY; and
That the Law of the GOVERNMENT OF CATAMARCA PROVINCIA No. 4785 authorizes the Provincial Executive to sign the Agreement on Transfer of the Provincial Social Provident System to the Nation.
That by the Federal Covenant on Employment, Production and Growth held between the National State and the Provincial States dated 12 August 1993, at its Point 6 of the Second Chapter of the Declaration, the National State agrees to accept the transfer of the Provincial Jubilee Funds to the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (SIJP).
That section 4 (a) of Article 2 of the National Law No. 241 provides that they shall be bound by the INTEGRATED SYSTEM of JUBILATIONS and PENSIONS, the natural persons who are older than DIECIOCHO (18) years of age, officials, employees and civil agents dependent on the provincial governments and municipalities, provided that the respective authorities shall accede to it, by agreement with the NEXTIONAL
That clauses 8 and 9 of the Transfer Agreement provide that staff serving in the ex-INSTITUTE PROVINCIAL FOR SOCIAL PREVISION OF CATAMARCA PROVINCIA, except for senior and non-staff authorities, may be incorporated into the NATIONAL ADMINISTRATION OF SOCIAL SECURITY.
Consequently, it is appropriate to authorize the SECRETARIAT for SOCIAL SECURITY of the MINISTERY of WORK and SOCIAL SECURITY, the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES and the SECRETARIAT OF THE PUBLIC OF THE PUBLIC OF THE NATIONAL PRESIDENCE to introduce, in a joint form, SOCIAL by the incorporations of staff from the transfer of the forecast regime of CATAMARCA PROVINCIA to the INTEGRATED SYSTEM of JUBILATIONS and PENSIONS, within the normative framework of the Federal Covenant on Employment, Production and Growth.
It is necessary to determine the destination of contributions and contributions for the assets provided to the former Provincial Social Insurance Institute during the transition period arising from the exercise of the option by the system of capitalization or distribution established by Law No. 24,241.
That the Twentieth Clause of the Transfer Agreement ratified by this Decree provides that the parties through Special Complementary Act shall agree on the date from which they shall begin to govern this Convention.
That it is necessary to set start dates to ensure the effective transfer of funds from the Nation for the payment of passivities and provide assurances for the proper provisional coverage of staff in activity to provincial and municipal jurisdictions.
That the present decree is issued in the use of the powers conferred on the NATIONAL EXECUTIVE POWER by article 99 (1) of the NATIONAL CONSTITUTION.
OF ARGENTINA NATION
Article 1.- Ratify the Convention on the Transfer of the PROVINCIAL SYSTEM OF SOCIAL PREVISION OF CATAMARCA PROVINCIA to the Nation held between the GOVERNMENT OF CATAMARCA PROVINCIA and INTERIOR MINISTERIES AND WORK AND SECURITY SOCIAL, dated 14 July 1994 and its Supplementary Convention between the GOVERNMENT OF THE PROVINCIPLES OF CATAMARCA and the MINISTERY OF WORK and SECURITY SOCIAL, dated 11 August 1994, whose texts in authenticated copies form an integral part of the present as Annexes I and II respectively.
Art. 2.- Note on 1 July 1994 as the date on which the assets will begin to be accrued in accordance with the provisions of the First and Third Clauses of the Transfer Agreement ratified by article 1 of the present decree, referring to the obligation to pay the retirements and pensions to the beneficiaries of the general regime, including those of the retirement regime for housewives and the obligations of payment of the pensions and pensions of the Social Security Council
Art. 3.- Please note on 1 July 1994 as the date on which contributions and contributions will begin to be accrued in accordance with the provisions of the Fifth and Tenth Clauses, referring to the obligation of the GOVERNMENT OF CATAMARCA to retain and transfer personal contributions to the Nation and to make mandatory employer contributions to staff under the general previsional regime and the system of police withdrawals.
Art. 4.- From 1 July 1994 to the date on which the contributing assets formulate the option set out in article 30 of Act No. 24,241, or choose an ADDITERS OF JUBILATIONS AND PENSIONS, personal contributions and employers ' contributions referred to in the previous article shall be entered into the distribution regime under the provisions of articles 11, l8 and 30,2. For those who have not made use of the right of option within the prescribed time limit, the procedure established by article 43 of Law No.24,2441 and supplementary rules shall apply.
Art. 5.- Authorize the SECRETARIAT for Social Security of the MINISTERY OF WORK AND SOCIAL SECURITY, the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES and the SECRETARIAT OF THE PUBLIC OF PRESIDENCE to introduce, together, the necessary adjustments to the organizational structure of the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, for the incorporations of staff from the transfer of the forecast system of CATAMARCA PROVINCIA.
Art. 6.- The SECRETARY for Social Security of the MINISTERY OF WORK AND SOCIAL SECURITY and the MINISTERY OF INTERIOR are empowered to dictate, each within the scope of its jurisdiction, the clarification and interpretation of this decree.
Art. 7.- Contact, post, give to the National Directorate of the Official Register and archvese.
MENEM - José A. Caro Figueroa -Carlos V. Corach- Domingo F. Cavallo.
NOTE: This Decree is published without Annexes. Unpublished documentation can be consulted at the Central Headquarters of the Official Gazette (Suipacha 767 -Cap Fed) .