Law 27329
Creation.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Law:
SPECIAL SPECIAL PENSION SCHEME FOR FORMER SOLDIERS OF THE FALKLAND WAR, GEORGIAS AND SOUTH SANDWICH.
ARTICLE 1-Create a special special scheme of exceptional character for citizens who comply with the condition of former soldier conscript who had participated in the war actions developed between 2 April and 14 In June 1982 at the Teatro de Operaciones Malvinas (T.O.M.) or had entered into effective combat actions in the area of the Theater of Operations of the South Atlantic (T.O.A.S.), and the civilians, who were in service and/or support in the places and between the dates mentioned above.
Article 2-They shall be entitled to the universal basic benefit, the compensatory allowance and the additional allowance for permanence, instituted by Article 17 (a), (b) and (e) of Law 24.241 and subject to their existing criteria Former soldiers conscripts Malvinas combatants and civilians who meet the following requirements:
(a) Credit the condition of former soldier conscript combatant and/or civilian, by means of the certification established in article 1 ° of decree 2634/90, updated at the time of applying for the benefit;
(b) Haber 50 and three (53) years of age at the time of applying for the benefit;
c) Acredit ten (10) years of pre-visionary contributions in the Argentine Contingency Integrated System (SIPA). To the conscription soldiers referred to in Article 1, the period covered by the compulsory military service of conscription, whatever its duration, will be computed as two (2) years of contributions to the Integrated System of Social Argentina (SIPA) for the purposes of obtaining the benefit of the pension in the general scheme of Law 24.241.
ARTICLE 3-The provision shall be determined by the National Administration of Social Security (ANSES) in accordance with the requirements laid down in laws 26.417 and 24.241. In no case, the resulting one may be less than the equivalent of two (2) minimum retirements of the Argentine Contingency Integrated System (SIPA).
ARTICLE 4 °-This benefit is compatible with the enjoyment of the Honorific Pension for Veterans of the South Atlantic War, created by law 23,848 and its modifications, laws 19.101 and 24.310 and the benefits of non-retirement granted by provincial, municipal or Autonomous City of Buenos Aires.
Article 5 °-The increase of the haber will automatically operate with the adjustment according to the mobility of the benefits of the Integrated Pension System Argentino (SIPA) regulated by law 26,417.
Article 6-The persons referred to in Article 1, who are already enjoying a pension benefit from the Argentine Retirement Pension System (SIPA), may request the adjustment of the minimum applicable in accordance with the provisions of Article 3.
ARTICLE 7 °-In the event of death of the beneficiary, the right to the pension shall be entitled to the right of persons listed in Article 53 of Law 24.241.
Article 8 °-Accession to the special pension scheme of an exceptional nature is incompatible with the development of activities in relation to dependency and the perception of another pension provision of any scheme.
Article 9-In the field of social work, the benefits granted by application of the present are governed by the general rules applicable to the free choice of social work for retirees and pensioners in accordance with Decree 292/95 and their modifications and additions.
ARTICLE 10. -The authority of application of this law shall be the National Administration of Social Security (ANSES).
ARTICLE 11. -The Chief of the Cabinet of Ministers will be empowered to reallocate the budget items necessary for the proper implementation of this law.
ARTICLE 12. -Invite the provinces, the Autonomous City of Buenos Aires and the special boxes of retirements, retirements and pensions to the dictates of rules similar to the present law in their respective jurisdictions.
ARTICLE 13. -The national executive branch will regulate this law within ninety (90) days of the date of entry into force.
ARTICLE 14. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE SIXTEEN DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER NO 27329-
EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.
SPECIAL PRE-RETIREMENT SCHEME OF AN EXCEPTIONAL NATURE
Decree 1250/2016
Buenos Aires, 12/12/2016
HAVING REGARD TO the Bill of Law No. 27,329 sanctioned by the HONORABLE CONGRESS OF THE NATION dated November 16, 2016, and
WHEREAS:
That by the Bill of Law cited in the VISTO, a special special system of exceptional character is created for citizens who fulfill the condition of former soldier conscript who has participated in the military actions. developed between April 2 and June 14, 1982 at the Falkland Operations Theater (T.O.M.) or entered into effective combat actions in the area of the South Atlantic Operations Theater (T.O.A.S.), and the civilians, who are they found service and/or support functions in the places and between the dates mentioned above.
Article 2 of the aforementioned project establishes the requirements to be met by former soldiers conscripts of Malvinas and civilians, for the achievement of universal basic provision, the compensatory benefit and the provision of services. (a) additional stay, instituted by Article 17, points (a), (b) and (e) of Law No. 24,241 and its modifications, which require, in addition to crediting the condition of former soldier conscript and/or civilian by means of certification updated by Decree No 2634 of 13 December 1990, its amendment and clarification, Fifty-three (53) years of age and ten (10) years of pre-visionary contributions in the INTEGRATED PENSION SYSTEM (SIPA), also, two (2) years of contributions in the aforementioned pension system to the conscripts Former combatants, whatever the time of the military conscription service.
As for the article 3º in fine, it was established that, in no case, the resulting one may be less than the equivalent of two (2) minimum retirements of the INTEGRATED ARGENTINE PENSION SYSTEM (SIPA).
That, in due time, under Law No 23,848, its complementary and amending, a war pension was awarded to the ex-soldiers conscripts of the Armed Forces that have been destined for the Teatro de Operaciones Malvinas (TOM) or entered effectively in combat in the area of the South Atlantic Operations Theatre (TOAS), and the civilians who were serving service and/or support functions in the above-mentioned places, between 2 April and 14 June 1982, duly certified as set out in Decree Nro. 2634/90.
That by Decree No. 1357/2004 the National Social Security Administration (ANSES) was transferred to the functions of the initiation, granting, liquidation and payment of non-contributory pensions to the former Malvinas combatants. " It established that the amount of these pensions amounted to the sum of THREE (3) legal minimum assets of today called the ARGENTINE INTEGRATED PENSION SYSTEM (SIPA).
That by the article 1 ° of the Decree of Need and Urgency Nro. 886/2005 it was established that the pensions do not contribute to the veterans of the South Atlantic War referred to in Law No. 23,848, its modifications and complementary and the Article 1 of Decree No. 1357/04, they would be called "Honorific Pensions of Veterans of the South Atlantic War".
That if the bill in question is enacted without observing the guarantee of two minimum assets as prescribed by article 3 ° in fine, the Argentine INTEGRATED PENSION SYSTEM (SIPA), which establishes the grant, would be denatured. (a) of the benefits for old age under the contributory effort made by the workers throughout their working life, and the result of which is the result of that employment history, with the guarantee of a legal minimum established in accordance with the Article 125 of Law No 24,241 and concordant.
That there is no basis for establishing a minimum differential that does not relate to the contribution of an insured by the ARGENTINE INTEGRATED PENSION SYSTEM (SIPA), especially when the universe of potential beneficiaries is covered by Law No 23,848, its modifications and supplementary, for which a non-contributory benefit has been granted whose amount is equivalent to three (3) legal minimum assets.
That, above all, it is appropriate to observe the aforementioned text of Article 3 of the Draft Law registered under No. 27,329.
That the measure proposed does not alter the spirit or the unity of the Bill of Law sanctioned by the HONORABLE CONGRESS OF THE NATION.
That the Directorate-General for Legal Affairs of the Ministry of Labour, Employment and Social Security has taken the intervention of its competence.
That the NATIONAL EXECUTIVE BRANCH is empowered to dictate the present in accordance with the provisions of Article 80 of the NATIONAL CONSTITUTION and in accordance with the provisions of Articles 2, 14, 19 and 20 of Law No 26.122.
Therefore,
THE PRESIDENT OF THE ARGENTINE NATION IN GENERAL AGREEMENT OF MINISTERS
DECCRETA:
Article 1 °-Observe in Article 3 of the Draft Law registered under No. 27,329 the text "In no case, the resulting one may be less than the equivalent of two (2) minimum retirements of the Argentine Contingency Integrated System (SIPA)".
ARTICLE 2 °-With the exception mentioned in the preceding article, comply with, promulgate and have by Law of the Nation the Bill of Law registered under the N ° 27,329.
ARTICLE 3 °-Dise tells the Permanent Bicameral Commission of the HONORABLE CONGRESS OF THE NATION.
ARTICLE 4 °-Contact, please contact the National Directorate of the Official Register and file. -MACRI. -Marcos Peña. -Rogelio Frigerio. -Julio C. Martinez. -Francisco A. Cabrera. -José G. Santos. -Guillermo J. Dietrich. -Patricia Bullrich. -Alberto J. Triaca. -Carolina Stanley. -Jorge D. Lemus. -Esteban J. Bullrich. -José L. S. Baranao. -Alejandro P. AvellMoura. -Sergio A. Bergman. -Andres H. Ibarra. -Juan J. Aranguren.
