NATIONAL PUBLIC ADMINISTRATION

Decree 866/97

Determine a regulation for ex-agents who have received voluntary retirement regimes established pursuant to Laws No. 23,696 and 23,697.

Bs. As., 1/9/97

B.O: 4/9/97

VISTO Laws No. 23.696. 23,697 and 24,241, and

CONSIDERING:

That with the enactment of the two laws mentioned in the first place, there was a restructuring of the NATIONAL STATE, for which the reduction of staff was necessary when reasons of service so advised.

That with the effect of Law No. 24,241 of the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (SIJP) was established, as a requirement for accessing the retirement benefits for invalidity or pension for death, to have less the condition of providing you irregularly with right.

That the importance of the changes that have been operated whose goodies allowed to redirect, not only the economy, but the projection of the country to the future from a global and realistic conception, brings together the need to implement mitigating measures that contemplate some special situations not dear.

That in this regard deserves particular consideration the situation of those workers who, having concluded their working relationship with agencies or companies or companies of the NATIONAL STATE, suffered the contingency of invalidity or death and, because they did not comply with the legal ends, they or their families were left unprotected and outside the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS despite accrediting TREINTA (30)

For all the above, it is necessary to dictate the regulations that allow access to the foreseeable benefits of Retiro for Invalidity to that universe of workers who are outside the labour market or of Pensión por Fallecimiento to the relatives of the aforementioned ex-agents of the NATIONAL PUBLIC ADMINISTRATION.

That the problem that is being resolved has also been a constant concern, repeatedly manifested, by the members of the NATIONAL CONGRESO, there are initiatives in a similar sense promoted by, among others, legislators Lorenzo PEPE, Oraldo BRITOS, and Osvaldo BORDA.

That the best doctrine, in the "Manual of the Argentine Constitution" of Joaquín V. GONZALEZ teaches that "the Executive Power can, in dictating General Regulations or Resolutions, invade the legislative sphere, or in exceptional or urgent cases, believe necessary to anticipate the sanction of a law." In the same sense, Rafael BIELSA is expressed in his "Treaty of Administrative Law", 1954, Volume 1. page 309, Buenos Aires, and in a concordant way, in his commentary to the reformed text of the NATIONAL CONSTITUTION, Roberto DROMI is manifested in "Administrative Law", Buenos Aires, 1995.

That these doctrinal and jurisprudential backgrounds have been expressly recognized by article 99, paragraph 3, of the NATIONAL CONSTITUTION, following the reform adopted in 1994.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1The present rules for the ex-agents of the NACIONAL PUBLIC ADMINISTRATION, their distributions and centralized, decentralized or auto-archic organisms, state companies, anonymous companies with majority state participation, mixed-economic societies, special-account services and social works of the public sector, which have been accommodated to voluntary retirement regimes established as a result of the provisions of Laws No. 23,696 and

Art. 2o-Persons covered by the preceding article or in their case their beneficiaries shall be entitled to the Retreat for invalidity or to the Failure Pension, respectively, to the extent that they meet the requirements of such benefits under Act No. 24,241, and provided that they prove, at least TREINTA (30) years of retirement contributions.

For the purposes of calculating appropriateness, regular contributors shall be considered under article 95 of Act No. 24,241.

Art. 3o-Faccinate the Ministry of Labour and Security SOCIAL to dictate the complementary and interpretative norms of this decree.

Art. 4o-Note the HONORABLE CONGRESS OF NATION.

Art. 5o-Contact, post, give to the National Directorate of the Official Register and archívese.-MENEM.-Jorge A. Rodríguez.- José A. Caro Figueroa.-Roque B. Femández. -Susana B. Decibe-Alberto J. Mazza.-Raul E. Granillo Ocampo.- Carlos V. Corach.