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Association MUTUAL ISRAELITA ARGENTINA Association MUTUAL ISRAELITA ARGENTINA law 27.139 benefit extraordinary. Compensation. Sanctioned: April 29, 2015 promulgated: 18 may, 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 - shall be entitled to perceive, for the only time, an extraordinary benefit through their heirs or legal successors or by itself, according to the case, the people who had died or suffered serious injury or serious on the occasion of the attack on the headquarters of the Asociación Mutual Israelita Argentina (AMIA), located at 633 Pasteur Street, the autonomous city of Buenos Aires occurred on July 18, 1994, they have or not started judgment for damages against the State.
Article 2 ° - compensation established by this law has the character of the affected person's own good; in the case of his death should compensation be distributed by analog implementation of the order of priority established in the regulations in force with respect to intestate succession, without prejudice to the rights that recognizes the article 3, subparagraph (c)), final part of this standard.
(Article 3 - the effects and benefits of this Act correspond to those who certify the following ends: to) the death as a consequence of the fact mentioned in the article 1 of the present; (b) having suffered very serious or serious injuries as a result of the fact mentioned in the article 1 of the present; ((c) in the case of subsection a), for the purposes of the application of the benefit provided for in the present, the condition of heir must provide proof or, in your case, successor of the beneficiary, for which purpose is must prove irrefutably that there was union in fact for at least two (2) years prior to the events described in article 1 , or one whichever is less if there was a child in common; ((d) if in the case of subparagraph (b)) of this article, the beneficiary has died for reasons beyond the fact mentioned in the article 1 of the present, his heirs may request the established benefit or, where appropriate, who shows his character's heirs in accordance with subparagraph (c)).
Article 4 ° - the Ministry of Justice and human rights will be the authority for the application of this law. The application for the benefit will be processed before the Ministry, which shall verify, in streamlined form, the fulfilment of the necessary steps for its granting. The application of the benefit must be made, under penalty of forfeiture, within the hundred and eighty (180) days of the date https://www.boletinoficial.gob.ar/pdf/linkQR/NHpZMVRZaVBPOGxycmZ0RFhoUThyQT09 of entry into force of the regulation of this law. The resolution to revoke in whole or partial benefit, be appealed within ten (10) days of notified to the National Chamber of appeals contentious administrative Federal Capital Federal. Shall be, founded, to the Ministry of Justice and human rights, which will raise it to the camera his opinion within ten (10) days. The Chamber shall decide, without further formality, within a period of twenty (20) days of received performances.
Article 5 ° - persons who have died as a result of the mentioned attack shall have the right to receive, through their heirs or, where applicable, their dependants, an extraordinary benefit equivalent to the monthly workers compensation level A, grade 0, from the ranks of the staff of the system national public employment (SINEP), approved by Decree 2098 of December 3, 2008 and its amending , by the coefficient one hundred (100).
Article 6 °-the benefit corresponding to them people that in equal circumstances had suffered injuries serious, according to the classification established in the code criminal, will be the sum equivalent to it planned in the article 5 °, reduced in a thirty percent (30%).
Article 7 - the benefit to people who in the same circumstances would have suffered serious injury, according to the classification established in the criminal code, will be the equivalent to that provided for in article 5 °, reduced by forty percent (40%).
(Article 8° - the amounts of the benefits provided for in this law will be effective in accordance with the terms of 23.982 and 25.344 laws, and its amendments, and will be considered including, all its effects, within the concepts of the subparagraph (f)) of article 2 and paragraph a) of article 3 of the law 25.152.
Article 9 °-the Ministry of Justice and rights human will have to your charge it processing of them claims relevant, and then will require to the Ministry of economy and finance public-office national of credit public, the placement of them bonds by before it box of values S.A., or who is designate as depository and registration of values, in a has to the order of the beneficiary or it of the judged intervening in the process inheritance of the same , in case of his death.
ARTICLE 10. -The compensation that stipulates this law will be exempt of charges, as thus also, will be exempt of rates them procedures judicial or administrative that have by purpose the accreditation of the circumstances or of the link, in jurisdiction national. The publication of edicts in the Official Gazette will be free, when you have only intended a accredit the hereditary link with the deceased for the purposes provided for in this law.
ARTICLE 11. -If any legal action against the national State founded in the same acts or omissions referred to in this law, at the time of requesting the extraordinary benefit that it establishes, who seek to benefit from this should cancel the action and of the exercised right in the respective processes and renounce future judicial action for the same cause. In the event that the beneficiaries or their heirs or, where appropriate, IMSS, users had received subsidies agreed by the national executive power as a result of the acts referred to in article 1 of this law, collected amounts shall deduct from the total amount that corresponds them https://www.boletinoficial.gob.ar/pdf/linkQR/NHpZMVRZaVBPOGxycmZ0RFhoUThyQT09 as benefit special, according to the provisions of this standard. If the beneficiaries, or heirs or, where appropriate, their successors in title, have obtained and received compensation by court ruling less than the established in accordance with this law, shall be entitled to claim the difference in their favor. If the judicially recognized amount is greater than the resulting to the application of this law, may not access the extraordinary benefit that is set here.
ARTICLE 12. -The profit gained by this law is incompatible with any legal action for damages raised by beneficiaries or their heirs or, where applicable, their dependants, against the national State the fact and the grounds of items 1 ° and 3° of the present. The existence of legal action for damages pending when eligible for the benefits of this law, will involve the necessary option by the applicant between the pursuit of judicial proceedings started or the benefit Fredi which has this standard.
ARTICLE 13. -The payment of the extraordinary benefit to survivors or their heirs or, where appropriate, legal successors, will release the national State the liability recognized by the fact that motivates this law. Those who have received monetary repair in legal form, will carry the national State if after other heirs or, where appropriate, beneficiaries with equal or better law requested the same benefit.
ARTICLE 14. -The national executive branch shall regulate this law within sixty (60) days from its publication.
ARTICLE 15. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-NINE DAYS OF THE MONTH OF APRIL OF THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER THE N ° 27.139 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Mary a. Luchetta.
Date of publication: 26/05/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/NHpZMVRZaVBPOGxycmZ0RFhoUThyQT09
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