INTEGRATED SYSTEM OF JUBILATIONS AND PENSIONS

Decree 136/97

Amend the regulation of article 95 of Act No. 24,241 adopted by Decree No. 1120/94.

Bs. As., 12/2/97

VISTO Decree No. 1120 of 11 July 1994 and

CONSIDERING:

That the above-mentioned Decree regulated, among others, article 95 of Act No. 24,241 on the requirements to consider an affiliate as a regular or irregular contributor with a right.

That, in practice, the application of established precautions could generate situations that are not dear and beyond the purpose and spirit of legal regulation, limiting or suppressing access to social security benefits.

That this would be evident in cases of circumstances beyond the will of the participant, which could affect employment during the course of the last year prior to the date of invalidation or death.

That, because of the above, it is considered necessary to modify those requirements on the basis of more suitable and flexible criteria.

That it is also appropriate to empower the SECRETARIAT for Social Security of the MINISTERY OF WORK and SECURITY SOCIAL for the purpose of implementing the complementary and clarifying norms regarding special situations arising from the performance of discontinuous tasks.

That the present is given, in use of the powers conferred upon it by article 99, paragraph 2, of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT

OF ARGENTINA NATION

RIGHT:

Article 1°-Modify the regulation of article 95 of Law No. 24,241 adopted by Decree No. 1120/94, which shall be drafted as follows:

ARTICLE 95.

1. Consider providing regular payment with the right to the perception of the temporary withdrawal for invalidity and/or for the purposes of the calculation of the necessary technical capital, with the characteristics set out in article 97 (a) of Law No. 24,241 as amended by Law No. 24,347, to the participant in relation to the unit to which the corresponding provisional retentions had been carried out during TREINTA (30) months at least within the date of the The autonomous affiliate will be considered a regular contributor if it registers the income of its contributions during TREINTA (30) of the TREINTA and SEIS (36) months prior to the events described, provided that each payment had been made within the calendar month corresponding to its expiry.

When dependent or self-employed members credit the minimum number of years of services required under the common or differential regime in which they are included to access the ordinary retirement, they shall be regarded in all cases as regular contributors provided that they credit the income of the corresponding contributions.

2. Considérase providing irregular with the right to the perception of the transitional retirement due to invalidity and/or to the effects of the calculation of the necessary technical capital, with the characteristics set out in article 97 (b) of Law No. 24,241 modified by Law No. 24,347, to that affiliate in relation to the dependency to which the corresponding previsional retentions were carried out during DIECIOCHO (18) months

For the purposes of the same qualification, the autonomous affiliate must register the income of his contributions during DIECIOCHO (18) of the TREINTA and SEIS (36) months prior to the events described, provided that each payment had been made within the calendar month corresponding to his expiry.

3. They shall not be entitled to the perception of the transitional withdrawal due to invalidity and/or the integration of the corresponding supplementary capital those affiliates who do not meet the requirements set out in paragraphs 1 or 2.

4. If the membership period is less than TREINTA and SEIS (36) months, the total membership months shall be considered, for the purposes set out in paragraphs 1 and 2 of this regulation, respecting the proportions of months provided there for the purposes of the taxpayer's qualification.

5. In the case of workers in relation to dependency and for the purposes of the qualification of the regularity of contributions, it shall be considered as months provided for those during which the remuneration was accrued although they had not been perceived for reasons not attributable to the participant. They will also have equal treatment for those months during which the participant was receiving the unemployment benefit provided for in Act No. 24.013.

Article 2- SECRETARIAT FOR SOCIAL SECURITY OF WORKING MINISTERY AND SECURITY SOCIAL, will determine the requirements to be credited to acquire the quality of contributors in the event of the performance of discontinuous tasks.

Art. 3rd-Communicate, publish, give to the National Directorate of the Official Register and archvese.-MENEM.-Jorge A. Rodríguez.- Jose A. Caro Figueroa. T.E.C