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NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS Decree 197/97 Cessation of Intervention pursuant to Decree No. 535/94, the re-establishment of administrative and control bodies, in accordance with the provisions of Act No. 19.032 and its amendments, with a view to their institutional normalization. Bs. As., 7/3/97

VISTO Law No. 19.032 and its amendments and Decrees No. 576/93, 292/95, 333/96, 558/96. 925/96, 1141/96, 1142/96, 1560/96, 30/97 and 84/97; and

CONSIDERING:

They have been appointed to the head of the National Institute of Social Services for Jubilee and Pensionees. Successive interventions, with the sole purpose of normalizing it, in accordance with the provisions of Act No. 19.032 and its amendments.

That in this state, this instance considers that the conditions necessary to effect such institutional normalization are given.

It is necessary that in the future the driving measures be taken to ensure that the majority of the Institution Directory are retired and/or pensioned and that this is enshrined in Law, as well as to establish a system of choice of the Board members, which clearly guarantees the representativeness of its members.

On the other hand, while the National Institute of Social Services for Jubilee and Pensionees continues within the National Budget, the need to amend the regulation with regard to the powers and powers of the President of the Board is warned, making them transition between normalization and the date on which the National Institute of Social Services for Jubilee and Pensionees is excluded from the Budget Act.

That the necessary dynamic that inspires the acting theories of administration and management imposes reverence the criteria for granting such powers as were conceptualized more than 25 years ago, therefore, the new Directory will aim to propose the relevant legislative amendments.

That by Resolution of the Ministry of Health and Social Action No. 186 of 28 March 1996, the National Institute of Social Services for Jubilee and Pensioned was appointed to the Official Syndicate and to the Associate Syndicates proposed by the National General Assembly (SIGEN).

On the other hand, it is necessary to take into account the reasons given by the National Executive when appointing a Normalizing Interventor at the National Institute of Social Services for Retired and Pensioned by Decree No. 30 of 15 January 1997.

That a step towards the normalization of the Institute constitutes the integration of the control agency with the exact application of the existing regulations regarding its integration and composition.

That the normalization of the National Institute of Social Services for Retired and Pensioned implies the full validity of its characterization as a non-State public legal person, as determined by Law No. 19.032, as amended by the Laws No. 19.465, 21.545, 22.245, 22.954 and 23.660.

That while the National Institute of Social Services for Retired and Pensioned is included in the National Administration Budget Act No. 24,764 for the year 1997, its source of funding is exclusively made up of its own resources and internal transfers from the legally appropriate collection.

It is necessary to take urgent measures to ensure the benefits of social services within a framework of efficient administration of available resources and to avoid financial difficulties in the various public and private agencies that are linked to the National Institute of Social Services for Retired and Pensioned, pending the final delinking of the agency of the General Budget of the National Administration.

At the present juncture, the National Institute of Social Services for Jubilee and Pensionees needs to have additional funding for the development of its loan management, so it is necessary to reach additional resources to those available.

That the budgetary reflection of transactions aimed at increasing the financing of the National Institute of Social Services for Jubilee and Pensionees requires a modification of the General Budget of the National Administration, providing an exception to the restrictions imposed by section 12 of Act No. 24,764.

It is appropriate to assign to the National Institute of Social Services for Jubilee and Pensionees since 1998, their own resources, contributions and contributions, in line with the economic-financial sanitation that is promoted by the present decree and its redimension of the current one.

It is clear that the legitimately constituted authorities of the National Institute of Social Services for Retired Persons and Pensioners assume the imperative to comply with the provisions of Act No. 24,764 for the period 1997.

That the reassignment of employers' contributions proposed, a fine of maintaining the full tax burden to work.

That in the present circumstances, signified by the unbeatable need to carry out the effective transfer of the National Institute of Social Services for Jubilee and Pensionee to its legitimate holders, so that the same in the short term can take care of the medical and social benefits, introducing criteria of excellence and of budgetary balance, it is not possible to expect that the normative modifications that are indispensable to sanction, as well as the implementation of the above-mentioned provisions, to be processed

That this measure is issued in the General Agreement of Ministers following the procedure set out in article 99, paragraph 31, of the National Constitution.

That's why

THE PRESIDENT

OF ARGENTINA NATION

GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1-As of 12 March 1997, the intervention of the National Institute of Social Services for Retired Persons and Pensioners by Decree No. 535/94 is carried out by the re-establishment of administration and control bodies, in accordance with the provisions of Act No. 19,032 and its amendments, in order to proceed with institutional normalization. Art. 2°-Instruct the Normalizer Interventor, prior to the date stated in the preceding article, to implement all measures aimed at ensuring the attainment of the pre-established objectives and the assumption of the legitimate authorities that are designated in merit to the provisions of Act No. 19.032 and its amendments. Art. 3o-Dispose temporarily and as an exception, while the National Institute for Social Services for Jubilee and Pensionees continues within the Budget Act, the President of the Budget Act carries out the following functions:

(a) To convene the meetings of the Board and to take part in the deliberations of the Commissions that constitute themselves as Chair of the Board.

(b) To exercise the legal representation of the Institute, in order to grant general or special mandates and to coordinate relations with national, provincial and municipal authorities.

(c) Disseminate the rules relating to the organization and functions of the Institute ' s units, distribute competencies and assign functions and responsibilities to the lower bodies for the best development of the activities of the agency.

(d) To make decisions in the resolution of all administrative and technical matters that were not within the competence of the Board, and even in this case, when the reasons for urgency, necessity and/or service require it, must give account of that body in the first opportunity.

(e) Designate and remove all hierarchical officials with functional superior levels of institutional responsibility during the period 1997.

(f) Develop and propose action plans, the creation of new services and the deletion of existing ones where appropriate.

(g) Propose the distribution of resources according to approved action plans.

(h) To comply with and enforce the provisions of the present and other rules as far as their competence is concerned.

(i) Designate the Registrar of Board Acts.

(j) Choosing among the Directors on behalf of retirees. at the first constitutive session, a Vice-President who will replace him in the event of a temporary absence or impairment of the position until he is covered.

Art. 4°-The Board shall meet at least DOS (2) times per month in ordinary sessions, having to have a quorum of half plus one of its members and the presence of its President or Vice-President in his case.

For the treatment of issues not included in the Order of the Day, a quorum of two thirds of the total membership must be counted. Its decisions will be taken by the mere majority of members present at the session. Whoever holds the presidency of the session will have a double vote in the tie case.

Art. 5o-The Board of Directors of the National Institute of Social Services for Jubilee and Pensionees will raise to the National Executive a bill establishing the system of choice of authorities and ensuring the representation of their retired members and most of them in that body. Art. 6o-The appointment of the Syndicate shall be made at the time and manner provided for in article 15 of Act No. 19.032 replaced by article 5 of Act No. 19.465. Art. 7o-Of the accumulated balances as at 31 December 1996 of the resource derived from article 7 of Law No. 24.452, please note VEINTE MILLONES DE PESOS ($ 20,000) to be assigned to the Chief of Staff of Ministers from the areas of the Coordinating Committee for Programmes of Persons with Disabilities, excluding the National Institute of Social Services for Jubilee and Pensionees. The remaining balance, as well as the resources that are collected on the basis of the same until the time of the final dissociation of the National Institute of Social Services for Jubilee and Pensionees of the General Budget of the National Administration. to compensate and finance, the costs of comprehensive care for persons with disabilities in which the Institute has incurred until 1997. Since 1998, the total amount of resources collected under the Act will be allocated to the aforementioned Coordinating Committee for Programmes of Persons with Disabilities excluded by the National Institute of Social Services for Retired and Pensioned Persons. Art. 8°-Take a loan from the National Health Insurance Administration to the National Institute of Social Services for Retired and Pensioned Persons of PESOS ($200,000). These funds may only be applied to the cancellation of outstanding debts of the Institute as at 31 December 1996. Art. 9°-Please note on 30 June 1997 as the maximum time limit for the National Institute of Social Services for Jubilee and Pensionees to implement disengagement measures for staff funded through the Labour Reconversion Fund in the terms established by Decree No. 1590/96. Art. 10.-Credits and debts. except those referred to in Article 8, that the National Institute of Social Services for Retired and Pensioned shall maintain the date of normalization, which are unpaid as at 31 December 1997, shall be transferred to the General Treasury of the Nation, which shall be responsible for the cancellation of the emerging liabilities of such transfer. Exclude debts in judicial management. Art. 11.-The liabilities made up to the date of normalization of the National Institute of Social Services for Retired Persons and Pensioned Persons who are transferred to the General Treasury of the Nation, as provided for in article 10 of the present report, must previously be recognized by the Institute and audited by the National General Assembly. Art. 12.-Cancellation of the liabilities transferred to the National Treasury under article 10 will be carried out through the inclusion of CIEN MILLONES DE PESOS ($ 100,000.000) budget credits for fiscal year 1998 until the amount of the debt is exhausted. Art. 13.-The General Assembly of the Nation shall have a maximum time limit of CUARENTA Y CINCO (45) days counted from the date of notice of the signing of the agreement between the creditor and the National Institute of Social Services for Retired and Pensioned to certify the debt that is transferred.

The Ministry of Economy and Public Works and Services Ministry of Finance will have the opening of credits in pesos. intransferable, uncontable in Banks, in favor of each creditor, giving the relevant certifications within the TREINTA (30) days of faithfully communicating the record of the General Syndicature of the Nation.

Art. 14.-The renegotiation of the liability with creditors will be carried out by the Chairman of the Board of Directors of the Institute of Social Services for Jubilee and Pensioners. Art. 15.-The loan of the National Health Insurance Administration granted pursuant to Article 8 of the present, will be returned by the National Institute of Social Servants for Retired and Pensioned from the year 1998, provided that the monthly collection exceeds the PESOS MILLION DOS ($ 200,000,000), in which case the CINCUENTA FOR SCIENTO (50 %) of the excess to the cancellation of the aforementioned loan will be affected. To this end, the National Social Security Administration is authorized to effect the corresponding retention and cancellation on the account of the Institute. Art. 16.-The liabilities established with the World Bank will be cancelled with the resources of the National Institute of Social Services for Retired and Pensioned Persons. Art. 17.-Until the effective disengagement of the Institute of the General Budget of the National Administration in 1998, the agency shall take charge of the expenses included in Act No. 24,764 on the Budget of the National Administration for the year 1997, which are described below:

(a) Transfers to the Social Development Secretariat of the Presidency of the Nation to meet the cost of medical expenses of non-contributory pensioners.

(b) The medical and social expenses of non-contributory pensioners currently directly addressed by the National Institute of Social Services for Jubilee and Pensionees.

(c) Expenditures up to the amount of THREE PESOS MILLIONS ($3,000.000) per year resulting from the medical and social care of non-contributive pensioners who present disabilities and are not covered in the preceding paragraphs.

Art. 18.-The National Institute of Social Servants for Retired and Pensioned shall be subject to the provisions of the Budget Act (Act No. 24.764) as amended by this Act.

The Board of Directors of the Institute will continue with the process of managing administrative expenses and current medical and social benefits. It will also take all necessary additional measures in due course for the purpose of implementing in 1997 an expenditure that does not exceed the credit approved for the Institute by the Act referred to in the preceding paragraph.

During the year 1997, the Institute will submit to the Chief of Staff of Ministers on a monthly basis, including the following statements of budget execution information (access and cash base) and debt and credit developments. On the other hand, the SIGEN will hear the above information.

Art. 19.-The National Institute of Social Services for Retired and Pensioned Persons will continue in 1998, after its disengagement of the Institute of the General Budget of the National Administration, with the attention of the following costs:

(a) The medical expenses of the beneficiaries who chose to join other Social Works under Decree No. 292/95. To this end, ANSeS is authorized to retain the contributions and contributions of the National Institute of Social Services for Retired and Pensioned the amounts necessary to meet this expenditure.

(b) Separation allowances for retirees and/or pensioners in the national pension system, including the beneficiaries of the former provincial offices that are transferred to the Nation, and who are affiliated to the National Institute of Social Services for Jubilee and Pensionees

(c) Bank interest and expenditure derived from liabilities maintained with the World Bank.

Art. 20.Modify from December 1997 the application of the liquors established since January 1996 in Annex II to Decree No. 492 of 22 September 1995 as follows:

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 % (a) (b) (c) (d) (e) 0.30 0.75 0.75 0.51.50 55 7.72 3.37 0.67 0.38 5.00 17.14 60 6.86 0.60 0.34 0.25 2.80 2.80 5.00 5.70 5.00 5.05 0.59 5.00 23.90 35 11.15 4.87 0.97 0.55 5.00 22.54 40 10.29 4.50 5.00 7.50 5.72 3.37 0.67 0.38 5.00 17.43 5.00 

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During the year 1998, the National State will guarantee the National Institute of Social Services for Jubilee and Pensionees an annual income of DOS MIL CUATROCIENTS MILLONES OF PESOS ($ 2.400,000.000) on an average monthly basis of PESOS MILLIONS ($ 200,000.000). To this end, ANSeS is authorized to make the corresponding monthly compensations.

Art. 21.-Expenditure resulting from the care of the medical and social benefits of non-contributory pensions in cases of invalidity and ex-combatants of Malvinas shall be transferred from 1998 to the orbit of the Social Development Secretariat of the Presidency of the Nation, for which the necessary resources will be included in the budget, with financing of the National Treasury.

The beneficiaries of such benefits may freely choose their affiliation between the National Institute of Social Services for Retired and Pensioned Persons, the Social Development Secretariat of the Presidency of the Nation and/or the social works of section 1 (a) of Law No. 23.660 or those registered under the Nros. 0-0090, 0-0100, 0-0110, 0-0120 and 0-0130.

Expenditure resulting from the social benefits of non-contributory pension recipients, not included in the first paragraph, shall be transferred from 1998 to the orbit of the Social Development Secretariat of the Presidency of the Nation, for which the corresponding provisions will be provided with the source of the National Treasury.

Art. 22.-Please note from 1 January 1998, the disengagement of the National Institute of Social Services for Jubilee and Pensionees of the General Budget of the National Administration. Art. 23.-Amend the General Budget of the National Administration for the 1997 Jurisdiction 25 - Chief of Staff of Ministers, Jurisdiction 80 - Ministry of Health and Social Action - Entity 911 - Instituto Nacional de Servicios Sociales para Jubilados y Pensionados, y de la Entity 900 - Administración Nacional del Seguro de Salud, according to the detail in the annexed tables that form an integral part of this article. Art. 24.-As of 12 March 1997, the President of the Board of Directors of the National Institute of Social Services for Retired Persons and Pensioned Persons who are appointed on the basis of the normalization of the Institute shall have the powers assigned to it by Decree No. 925/96. Art. 25.-The remainder of the Institute ' s 1997 period, defined as the difference between income and accrued expenses, will be transferred on 1 January 1998 to the National Treasury. Art. 26.-Authorize the Ministry of Economics and Public Works and Services to make financial advances to the National Institute of Social Services for Retired and Pensioned until the disbursements of the World Bank ' s loan for the reconversion of the Institute are made. Art. 27.-Please extend the deadline set by article 3 of Decree No. 925/96 until 31 March 1997. Art. 28.-Refer to articles 4 and 5 of Decree No. 925/96. Art. 29.-Revise Resolution No. 3156/77 of the Ministry of Health and Social Action. Art. 30.-Refer to article 5 of Decree No. 1157/71. Art. 31.-The Ministry of Health and Social Action will design an individual health risk adjustment mechanism that will be used to obtain the amount of the figures referred to in article 13 of Decree No. 292/95 which will be established in accordance with the procedure provided for in the first paragraph of that article.

In no case can the amount of the caps to be transferred be higher than the resources legally appropriate for the National Institute of Social Services for Retired and Pensioned Persons.

Art. 32.-The Social Works referred to in Article 21 which are registered in the National Health Insurance System Register for the medical care of retirees and pensioners established by Article 10 of Decree No. 292/95 shall submit a contribution to the provision of compulsory benefits and services, as well as other medical-assistance, social or other plans and benefits that they consider fit to complement their proposal.

Qualifications to be submitted shall be consistent with the mechanism of adjustment for the risk of individual health established in article 31 of this decree.

The registered Social Works will receive for the attention of those beneficiaries who chose them, only the amount of the capitals set in accordance with Article 31 of this Decree, regardless of the contribution they have set in their respective proposals, but the recipients whose choice is to be paid in Social Works whose contribution is higher than the amount of the capitas must integrate the difference of their own calculation.

Art. 33.-The National Institute of Social Services for Retired and Pensioned Persons and the National Social Security Administration, with the coordination of the Superintendency of Health Services, should produce publications illustrating the characteristics of registered Social Works and their proposals and any other measure that would attempt to inform the beneficiaries sufficiently and in a timely manner for their best exercise of the right of choice. Art. 34.-Contact, post, give to the National Directorate of the Official Register and archívese -MENEM.-Carlos V. Corach.-José A. Caro Figueroa.-Susana B. Decibe.-Guido J. Di Tella -Jorge M. R. Domínguez.-Alberto J. Mazza.-Roque B. Fernández. NOTE: This decree is issued without the tables annexed to Article 23. Unpublished documentation can be consulted at the Central Headquarters of the Official Gazette (Suipacha 767, Capital Federal)