Key Benefits:
VISTO, Issue No. 32379/94 of the Register of the SUPERINTENDANCE OF NATIONAL ANSWERS under the SECRETARIAT OF ECONOMIC POLICY of the MINISTERY OF ECONOMY AND ARTWS AND PUBLICY SERVICES, Decree No. 2715 of 29 December 1993 and Act No. 23,696 and
CONSIDERING:
It is the purpose of the Government of the Argentine Nation to ensure the functioning of an open and deregulated insurance market so that operators develop their activities in a framework where the widest competition prevails with principles equivalent to those that govern in other sectors of the economy.
Article 24 of Decree No. 2715 of 29 December 1993 instructs the SUPERINTENDANCE OF NATIONALS under the SECRETARY of ECONOMIC POLICY of the MINISTERY of ECONOMY and ARTWS AND SERVICES PUBLICS to propose the normative adequacy of the regimes referred to in Law No. 16,517 and its Decree No.
That in order to achieve the fulfilment of the objectives set out there, those contractual conditions which could be granted only by an insurance entity that was obliged to do so should be terminated and therefore impede the performance of private insurance companies.
That such derogation must be carried out by maintaining the main purpose of each of the designed coverages.
This also requires the establishment of a mechanism to ensure the proper valuation of the insured amounts.
That some rules should also be included within the provisions of this Decree, although they are not expressly mentioned in article 24 of the Decree No. 2.715/93, they establish identical prerogatives for the NACIONAL AHORRO AND SEGURO (in liquidation) and also identical rigidities that prevent the development of free competition.
That within these rules are the Nros Laws. 13.003 and 21,479 and Nros Decrees. 2511 of 21 July 1971, 2719 of 10 May 1972, 897 of 24 December 1973, 1548 of 26 May 1977 and 1588 of 8 August 1980.
That by the large number of affected rules it is appropriate to reorder them, with the modifications that allow the free performance of the operators of the insurance market and the adequacy to the new laws in force, in particular Law No. 24,241 that has introduced new subjects in the foreseeable field.
That Article 10 of Act No. 23,696 empowers the NATIONAL EXECUTIVE POWER to provide, where necessary, the exclusion of all privileges and/or monopoly clauses and/or discriminatory prohibitions even if they derive from legal rules whose maintenance obsesses the objectives of privatization or prevents the demonopolization or deregulation of the respective service.
That the dictation of this Decree is within the powers provided for in Article 10 of Law No. 23.696 and Article 99, paragraph 1 of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
_
Article 1 Replace with the entire text of the Nros Laws. 113, 16,517, 16,600, 19,628, 20,731, 21,479 and the Nros Decrees. 2511 of July 21, 1971, 2719 of May 10, 1972, 897 of December 24, 1973, 1548 of May 26, 1977 and 1588 of August 8, 1980 the expression NATIONAL AHORRO AHORRO POSTAL, CAJA or any other denomination that refers to the NATIONAL AHORRO AHORRO AND FOLLOW (in liquidation) for "insurance". Art. 2nd.- Replace in the text of the Nros Decrees. 2511 of July 21, 1971, 897 of December 24, 1973 and 1588 of August 8, 1980, the expression "Save Book" of the NATIONAL HORRY AND FOLLOW-UP (in liquidation) by "Save Book or Saving Box". Art. 3rd.- Defeat Articles 4o, 10 and 12 of Act No. 16,600. Art. 4o.- Replace Article 1 of Act No. 16,600 with the following:"Article 1 - Implant collective life insurance for the permanent staff working in rural activities, including the Peon Statute and the retirement regime established by Law No. 14.399. "
"This insurance will cover the risks of death and total and permanent incapacity for work."
Art. 5th.- Replace Article 2 of Act No. 16,600 with the following:"Article 2. Note in three thousand eight hundred pesos ($ 3,800) the amount of the standard and compulsory basic capital per person of this insurance. "
"This amount may be modified by the MINISTERY OF ECONOMY AND PUBLIC SERVICES. "
"The insured person may choose an additional capital according to the amounts, conditions and timetables that are appropriate to the insurer."
Art. 6o.- Replace Article 5 of Act No. 16,600 with the following:"Article 5: The payment of the premiums corresponding to the basic capital shall be paid by the employer and those of the additional capital by the insured. "
Art. 7th.- Replace Article 7 of Act No. 16,600 with the following:"Article 7o.- The insured personnel who retire will continue to be included in the coverage, except for express expression. The premiums in these cases shall be exclusively for the insured, and must be retained by the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust and Pension Fund Administrator to which it is affiliated, as appropriate. "
Art. 8o.- Detroganse Articles 6o, 7o, 8o, 9o, 10, 12, 20, 23, 25, 32 and 33 of Decree No. 2511 of 21 July 1971. Art. 9o.- Replace Article 11 of Decree No. 2511 of 21 July 1971 with the following:"Article 11... The mandatory insurance premiums shall be in full by the employer and the insurance premiums provided by the insured. "
"The employer shall act as a retention agent of the latter and deduce them from the assets of the agents."
"In the event that there are no assets on which the deduction of premiums can be practiced, these must be paid directly to the employer in time and form to be admitted to the insurer. If the insured person does not do so, the employer is freed from any liability for the additional insurance. "
Art. 10.- Replace Article 19 of Decree No. 2511 of 21 July 1971 with the following:"Article 19.- The insured who retire will continue to be covered in the insurance, unless otherwise manifested. "
"The following is subject to the following conditions:
(a) Retirement procedures. The insured shall initiate them within one year from the date of cessation in the rural task;
(b) Secured capital. The insured shall maintain its current base capital at the date of cessation, as well as the last additional in force;
(c) Raw payment. The premiums in their entirety shall be exclusively in charge of the insured and shall be discounted from the retirement assets that they perceive by the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust and Pension Fund Administrator to which it is affiliated, as appropriate. "
"d) The premiums discounted in accordance with subparagraph (c) above shall be entered into the insurance company within the agreed time limit. If this does not occur, the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust and Pension Fund Administrator, as appropriate, will enter automatic arrears from that time, making themselves liable for that fact of the corresponding interest charges. "
Art. 11.- Replace Article 22 of Decree No. 2511 of 21 July 1971 with the following:"Article 22. If an insured person suffers, finding himself at the service of the employer, a total and permanent incapacity that forces him to abandon his employment or occupation, preventing him from exercising another paid occupation, the insurer, after receiving and accepting the respective medical evidence, shall pay him the insured capital. "
"The agreed benefit for incapacity is substitute for the capital that should be settled in the event of the death of the insured person, so that with the payment of the insured person all the obligations of the insurer are fulfilled."
Art. 12.- Replace Article 24 of Decree No. 2511 of 21 July 1971 with the following:"Article 24.- When the insurer determines that the incapacity referred to in this chapter has started before the date of incorporation of the applicant to the insurance, the insurer will only be protected against death risk. "
Art. 13.- Replace Article 26 of Decree No. 2511 of 21 July 1971 with the following:"Article 26.- The employer or interested person shall immediately inform the insurance company of the forms provided by the insurance company, the death of the insured person, giving evidence of the differences that he or she has found in the age stated by the insured person. "
"Received of such forms, the insurer shall proceed to pay the amount of the insurance to the designated beneficiaries or to the legal heirs, upon presentation of the death certificate and any other record that should be required according to the cause of death."
"If, on the basis of the death of the insured person, or any other causal person, the existence of an error in the age stated by the insured person, and the contracted policy establishes an additional capital scale based on the age, the insurer may adjust the additional capital corresponding to the amount assigned to him or her."
"In cases of disappearance of persons with presumption of death, the insurer may pay the amount of the insurance prior to the period established by the law, with the precautions it considers relevant."
Art. 14.- Refer to Articles 5, 6, 12 and 14 of Act No. 16,517. Art. 15.- Replace Article 3 of Law No. 16.517 with the following:"Article 3. Note in three thousand eight hundred pesos ($ 3,800) the amount of the compulsory basic capital per person of this insurance. "
"This amount may be modified by the MINISTERY OF ECONOMY AND PUBLIC SERVICES. "
"The insured person may choose an additional capital according to the amounts, conditions and timetables that are appropriate to the insurer."
Art. 16.- Replace Article 4 of Law No. 16.517 with the following:"Article 4o.- The contracting of the insurance will be carried out by employers or workers. "
Art. 17.- Defeat Articles 4o, 5o, 6o, 7o, 10, 13, 17, 19, 21, 22 and 29 of Decree No. 897 of 24 December 1973. Art. 18.- Replace Article 14 of Decree No. 897 of 24 December 1973 with the following:"Article 14.- The employer or job giver shall act as an agent of retention of the premiums corresponding to the additional capitals. "
"If for lack of payment of the premiums corresponding to the mandatory coverages, the insurance company shall immediately notify the Argentine Naval Prefecture under the MINISTERIO DEL INTERIOR or the authority in charge of the port of registration of the vessel for the purposes of Article 13 of Law No. 16.517. "
Art. 19.- Replace Article 18 of Decree No. 897 of 24 December 1973 with the following:"Article 18.- The insured who retire will continue to be covered in the insurance, except for a demonstration. "
"The following is subject to the following conditions:
"a) Retirement procedures. The insured shall initiate them within one year from the date of cessation of professional fishing activities;"
"b) Secured capital. The insured shall maintain his/her current basic capital at that date, as well as the last additional in force;"
"c) Raw payment. The premiums in their entirety shall be exclusively in charge of the insured and shall be discounted from the retirement assets that they perceive by the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust Fund Manager to which it is affiliated, as appropriate. "
"d) The premiums discounted in accordance with subparagraph (c) above shall be entered into the insurance company within the agreed time limit. If this does not occur, the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust and Pension Fund Administrator, as appropriate, will enter automatic arrears from that moment, making itself liable for that fact of the corresponding interest charges. "
Art. 20.- Default of Articles 10, 11 and 12 of Act No. 19,628. Art. 21.- Replace Article 1 of Law No. 19,628 with the following:"Article 1 Implant yourself with a mandatory nature, a insurance that covers the damages suffered by spectators of fair sports in any part of the country, in closed or outdoor premises, provided that there is control of the entrance. "
"Safely will be arranged through the respective sports entities and will also cover the staff of the organizing entity and the institutions involved in the competition."
Art. 22.- Replace Article 3 of Law No. 19,628 with the following:"Article 3. Note the amount of insurance in the sum of two thousand pesos ($2,000) per person. The risks of total and permanent incapacity and partial and permanent incapacity shall be covered in the form and conditions established by the regulation. In no case will the total compensation paid for this insurance, excluding medical, hospital and pharmaceutical costs, exceed two thousand pesos ($2,000). Medical, hospital and pharmaceutical costs may not exceed the sum of MIL PESOS ($1.000). "
"This amount may be modified by the MINISTERY OF ECONOMY AND PUBLIC SERVICES. "
Art. 23.- Replace Article 4 of Law No. 19,628 with the following:"Article 4. The respective premiums will be paid by the viewers along with the entrance. Such premiums should also be paid by the staff at the service of the principal and the institutions involved in the competition, by persons who attend the show free of charge and by the associates who as such do not pay entry. "
"The clubs and other sports associations may perceive the relevant premiums along with the monthly quota of their associates, provided that they do not express their opposition in an express way."
"In case of free sports fairs, the organizing institutions will charge the premiums corresponding to all viewers without exception. "
Art. 24.- Default of the first paragraph of Article 2 and Article 6 of Decree No. 2719 of 10 May 1972. Art. 25.- Replace Article 7 of Decree No. 2719 of 10 May 1972 with the following:"Article 7o.- The MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, on the proposal of the SUPERINTENDANCE OF NATION SECRETARIAT OF ECONOMIC POLICY of the MINISTERY OF ECONOMY AND PUBLIC SERVICES, will in the future approve the modifications to be introduced to the present insurance. "
Art. 26.- Refer to Resolution No. 72 of 17 January 1994 of the Ministry of Economy and Public Works and Services. Art. 27.- Refer to Articles 10, 12 and 13 of Act No. 1313 (text ordered by Decree No. 1548 of 26 May 1977). Art. 28.- Replace Article 2 of Law No. 1313 (text ordered by Decree No. 1548 of 26 May 1977) with the following:"Article 2. Note in three thousand eight hundred pesos ($ 3,800) the amount of compulsory capital per person of this insurance. "
"This amount may be modified by the MINISTERY OF ECONOMY AND PUBLIC SERVICES. "
"The insured person may choose an additional capital according to the amounts, conditions and timetables that are appropriate to the insurer."
Art. 29.- Replace Article 8 of Law No. 1313 (text ordered by Decree No. 1548 of 26 May 1977) with the following:"Article 8... Insured persons who retire or cease to belong, for whatever reason, to the service of the State, may continue to be incorporated into the insurance, with the exclusive charge of the interested parties the payment of the premium. "
"The following is subject to the following conditions:
"a) Secured capital. The insured shall maintain his compulsory capital in force at the date of cessation, as well as the last additional in force;"
"b) Payment of premiums. The premiums will be discounted from the retirement assets that the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust and Pension Fund Administrator to which it is affiliated, or directly paid to the insurer, as agents who retire or cease to belong to the State, respectively;"
"c) The premiums discounted in accordance with subparagraph (b) above shall be entered into the insurance company within the agreed time limit. If this does not occur, the NATIONAL ADMINISTRATION OF SECURITY of the Ministry of Labour and Security SOCIAL, the Retirement Insurance entity or the Trust and Pension Fund Administrator, as appropriate, will enter automatic arrears from that moment, making itself liable for that fact of the corresponding interest charges. "
Art. 30.- Destroy Articles 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 31, 32, 35, 36, 37, 38, 39, 50, 51, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 65, 66, 67, 68, 69, 70, 72, 76, 74, No. 1588 of 8 August 1980. Art. 31.- Replace Article 92 of Decree No. 1588 of 8 August 1980 with the following:"Article 92. The issues that arise in connection with the application and interpretation of this insurance will be resolved by the SUPERINTENDANCE OF NATION SECRETARIAT OF ECONOMIC POLICY OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS and those that could not be resolved within the existing provisions by the MINISTERY OF ECONOMY. "
Art. 32.- Default of Decree No. 884 of 15 October 1982. Art. 33.- Default of Decree No. 747 of 30 April 1985. Art. 34.- Default of Decree No. 2739 of 28 December 1990. Art. 35.- Default of Decree No. 1171 of 10 July 1992. Art. 36.- The benefits of the Collective Life Insurance for State personnel, established by Act No. 1313 (text ordered by Decree No. 1548 of 26 May 1977), may be modified by the Collective Conventions in the public sector. Art. 37.- Instruct the SUPERINTENDANCE OF NATION SECRETARIAT OF ECONOMIC POLICY OF THE MINISTERY OF ECONOMIC ECONOMIC AND ARTWS AND PUBLIC SERVICES to issue the necessary resolutions for the operation of the mandatory insurance that are amended by this decree. Art. 38.- Contact the HONORABLE CONGRESS OF NATION. Art. 39.- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM.- Jorge A. RodrÃguez.- Roque B. Fernández.