NATIONAL PUBLIC ADMINISTRATION

Decree 869/97

Norma to which it may be adjusted, those who have worked in relation to dependency in the National Civil Service who have ceased in the activity by accepting a voluntary withdrawal generated under Laws No. 23,696 and 23,697 and who find themselves unemployed.

Bs. As., 1/9/97

B.O: 4/9/97

VISTO Laws No. 23,696, 23,697 on State Reform, and Law No. 24,241 on the creation of the INTEGRATED SYSTEM of JUBILATIONS and PENSIONS (SIJP), and

CONSIDERING:

That the legal devices mentioned in the Hittite implemented a deep process of State Reform and administrative sanitation within the framework and as an essential component of the structural transformation programme promoted by the NATIONAL GOVERNMENT.

That the beneficial effects for society as a whole that denotes the continuity and deepening of the process described in the previous consideration does not imply unfamiliar with the need to contemplate the disastrous social situations that it entailed for the work continuity of the agents directly affected by privatizations or concessions of State enterprises and who separated themselves from the NATIONAL ADMINISTRATION by voluntary withdrawal.

That these consequences were particularly negative in cases where

the same affected agents that attentive to their age saw their retirement expectations frustrated by the change in conditions and age limits that implied the overcoming predictive reform to much of the voluntary retreats in the PUBLICA ADMINISTRATION, and their consequent fit in the new SlSTEMA INTEGRADO DE JUBILATIONS AND PENSIONS (SIJP).

It is necessary to provide the NATIONAL STATE with a legal instrument that, for eminently tuitive purposes, covers the transitional misadjustments caused by the ongoing reordering and, in particular, that of those agents who, without even meeting the conditions required to access the retirement benefit, cannot encourage real prospects for reinsertion in the labour market.

That the obligation of the NATIONAL STATE to address specific solutions for exceptional situations such as the one described above should be compatible with the necessary respect for the principles of uniqueness and integrality of the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (SIJP), thus avoiding the creation of differentiated or privileged regimes.

That the precautions referred to in the preceding consideration are properly fulfilled through the creation of a system of quotations that the NATIONAL STATE takes on its position together with the former worker, in relation to agents covered in State reform processes and administrative rationalization during the period between the cessation and their access to profit in the terms of Law No. 24,241, provided that the same does not exceed the DOS (2).

It is also appropriate to provide for the possibility that the former agents of provinces who have transferred to the NATIONAL STATE their social insurance schemes, ceased in the activity in similar circumstances, can access the same system of contributions through agreements to be implemented by the provinces with the intervention of the SECRETARIAT OF SOCAL SECURITY of the MINISTERIO OF WORK and SOCIAL SECURITY.

That it is necessary to empower the SECRETARIAT FOR SOCIAL SECURITY OF WORK AND SECURITY SOCIAL to dictate the complementary and clarifying rules, as well as the operative provisions necessary for the implementation and operation of the system of quotations established by this decree.

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 "Administrative Law Treaty" 1954. I take 1. page 309, Buenos Aires, and in a concordant way, in its 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 decree is applicable to those who have worked in relation to dependency in the NATIONAL PUBLIC ADMINISTRATION, their divisions and centralized, decentralized or auto-archic organisms, state enterprises, companies with majority state participation, companies of mixed economy, services of special accounts and social works of the public sector that have ceased in the activity by virtue of hosting a voluntary withdrawal generated in the framework of 23.96

Art. 2o-The persons referred to in the preceding article may complete their contributions to the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (SIJP) by joining as autonomous workers on the basis of the minimum category provided for in the activities set out in article 2 (b) of Law No. 24,241, assuming the NATIONAL STATE the payment of DIECISEIS (16)

Art. 3°-Affiliates incorporated in the conditions provided for in the previous article may voluntarily enter ONCE (11) percentage points of the VEINTISIETE (27) set out in article 11 of Law No. 24,241, for the purpose of their computation for the calculation of the ADDITIONAL PRESTATION BY PERMANENCE (PAP), provided for in article 17, subparagraph (e), of that law, in the event of opting for the Repartation System Failure to enter such a contribution will prevent your computing for the purposes indicated.

Art. 4o-The provinces that have transferred their social insurance schemes to the NATIONAL STATE may agree through the SECRETARIAT for Social Security of the MINISTERY OF WORK and SECURITY SOCIAL the same or similar conditions to those established by this decree, for the personnel employed in relation to dependency in the Provincial Administration, its divisions or centralized, decentralized or autarchical organisms, companies of the Provincial State, companies with majority participation of the Provincial State, companies of mixed economy, services of special accounts and social works of the provincial public sector, which has ceased in the activity in the same circumstances and conditions referred to in the article.

Art. 5o-The rules of Law No. 24,241 shall be applicable to the beneficiaries of the provisions of this Decree, except those that oppose the provisions of this Decree.

Art. 6o-Reference to the SECRETARIAT for Social Security of the Ministry of Labour and Security SOCIAL to dictate the complementary and clarification norms for the implementation of the system established by this decree.

Art. 7o-This decree shall apply from the first day of the month following the date of publication.

Art. 8°-Note the HONORABLE CONGRESS OF NATION.

Art. 9o-Contact, post, give to the National Directorate of the Official Register and archívese.-MENEM.-Jorge A. Rodríguez.- José A. Caro Figueroa.-Raul E. Granillo Ocampo.-Roque B. Fernández.-Alberto J. Mazza.-Susana B. Decibe-Carlos V. Corach.