Retirement Scheme For Magistrates And Officials Of The Judiciary And Public Ministry Laws 24.018 And 22731-Amendment

Original Language Title: REGIMEN JUBILATORIO PARA MAGISTRADOS Y FUNCIONARIOS DEL PODER JUDICIAL Y MINISTERIO PUBLICO LEYES 24.018 Y 22731 - MODIFICACION

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image start infoleg site The Ministry of Justice and Human Rights
RETIREMENT SCHEME FOR MAGISTRATES AND OFFICIALS OF THE JUDICIARY AND PUBLIC MINISTRY OF THE NATION

Law 27546

Provisions.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

TITLE I

Retirement Scheme for Magistrates and Officials of the Judiciary and Public Ministry of the Nation

Article 1-Substitute Article 8 (2) of Law 24,018 and its Modifiers and Annex I, by the following Article and Annex I of this Law, respectively:

Article 8 °: The regime provided for in this chapter includes only the magistrates and officials of the Judicial Branch of the Nation and the Public Ministry of the Nation who carry out the charges set out in Annex I, " Magistrates and officials included in the special pension scheme of Law 24.018 ", which forms an integral part of this law.

Article 2-Substitute Article 9 (1) of Law 24,018 and its amendments, which shall be worded as follows:

Article 9: The magistrates and officials referred to in Article 8 ° who have completed sixty (60) years of age in the case of women and sixty-five (65) years of age in the case of men and accredit thirty (30) years of age services with a contribution to one or more schemes included in the system of retirement reciprocity, shall be entitled to the existence of an ordinary retirement in the form laid down in Article 10 of this Regulation if they meet, in addition, all of the following requirements:

(a) at least 10 (10) years of continuous or fifteen (15) years of continuous service in any of the posts referred to in Article 8, provided that they are in their exercise at the time of fulfilling the other requirements necessary for to obtain ordinary retirement;

(b) Caesar definitively in the exercise of the charges referred to in Article 8 °.

Article 3-Substitute Article 10 of Law 24,018 and its amendments, which shall be worded as follows:

Article 10: The beginning of the ordinary retirement for the magistrates and officials covered by this law shall be equivalent to eighty-two percent (82%) of the average of the last one hundred and twenty (120) updated remuneration, subject to contributions and contributions, for the performance of the charges referred to in Article 8 °, received during the immediate period prior to the termination of the service.

In no case shall there be any higher than the total remuneration, subject to contributions and contributions, after deduction of the retirement personal contribution of the charge corresponding to the definitive cessation of the service.

The setting of the guidelines laid down in this Article shall be mobile.

Art. 4 °-Incorporate as Article 10a of Law 24,018 and its amendments the following:

Article 10a: The magistrates and officials referred to in Article 8 ° who do not certify all the services required by Article 9 (a) shall be entitled to be recognized for the period during which they are In accordance with Article 10 and the provisions of Law 24.241 and its amendments, both according to the pro rata scheme, the Article 8 ° charges have been fulfilled in the case of Article 8. temporary, with adjustment to the guidelines that will be set by the regulation.

Article 5-Incorporate as the second paragraph of Article 30 of Law 24,018 and its amendments, the following:

The invalidity pension of the magistrates and officials referred to in Article 8 (2) which is unable to be found in the exercise of their respective duties shall be equivalent to 80% and two per cent (82%) of the average of the last one hundred and twenty (120) updated remuneration, subject to contributions and contributions, for the performance of the charges referred to in Article 8 °, received during the immediate period prior to the contingency. If the service period is less than one hundred and twenty (120) months, the updated remuneration received during that period shall be averaged.

Article 6-Substitute Article 31 of Law 24,018 and its amendments, which shall be worded as follows:

Article 31: The personal contribution corresponding to the officials and magistrates referred to in Article 8 ° shall be equivalent to the aliquot determined in Article 11 of Law 24.241 and its modified modifications in seven (7) points percentage, on the total remuneration received in the performance of their duties.

Article 7-Substitute Article 32 of Law 24,018 and its amendments, which shall be worded as follows:

Article 32: In the event of the death of the holder, the right to receive the direct pension or derivative pension shall be assigned in accordance with the requirements and under the conditions laid down in Articles 53 and 98 of Law 24.241, its amending rules, (i) the Commission's position on the Commission's report on the future of the European Union.

TITLE II

Retirement Scheme for Officials of the Foreign Service of the Nation

Article 8-Substitute Article 4 (1) of Law 22,731, which shall be worded as follows:

Article 4 °: The initial retirement of ordinary retirement will be equivalent to eighty-two percent (82%) of the average of the last one hundred and twenty (120) updated remuneration, subject to contributions and contributions, due to the performance of the functions for the categories referred to in Article 1, received during the period immediately preceding the end of the service.

In no case shall there be any higher than the total remuneration, subject to contributions and contributions, after deduction of the personal retirement contribution, from the charge corresponding to the definitive cessation of the service.

The setting of the guidelines laid down in this Article shall be mobile.

Article 9-Substitute Article 5 of Law 22,731, which shall be worded as follows:

Article 5: The initial retirement pension for the invalidity of the officials referred to in Article 1, which is unable to be employed in the Office's Foreign Service, shall be equivalent to eighty-two per cent (82%) of the average of the last one hundred and twenty (120) updated remuneration, subject to contributions and contributions, for the performance of the functions corresponding to the categories provided for in Article 1, received during the previous period to the contingency. If the service period is less than one hundred and twenty (120) months, the updated remuneration received during that period shall be averaged.

Article 10.-Incorporate as Article 5 (a) of Law 22,731 the following:

Article 5 (a): In the event of the death of the holder, the right to receive the direct pension or the pension shall be allocated in accordance with the conditions laid down in Articles 53 and 98 of Law 24.241. amendments, supplementary and regulatory or the one which will replace it in the future.

Art. 11.-Incorporate as Article 7a of Law 22,731 the following:

Article 7a: The personal contribution corresponding to the officials referred to in Article 1 shall be equivalent to the aliquot as determined in Article 11 of Law 24.241 and its modifications increased by seven (7) percentage points, the total remuneration received in the performance of their duties.

Article 12.-Substitute Article 8 of Law 22,731, which shall be worded as follows:

Article 8 °: The provision of services in the destinations considered as dangerous or unhealthy shall not be computed twice for the purposes of crediting the requirement of years in the Foreign Service of the Nation, as required by Article 3 (b), paragraph first.

Art. 13. The career officials of the Foreign Service of the Nation who are appointed in one of the positions provided for in Article 1 of Law 22,731, from the date of entry into force of the present, shall be compulsorily understood to be The General Contingency Regime instituted by Law 24.241, its amendments and complementary, leaving in its respect repealed the special pension system instituted by law 22,731.

TITLE III

Common provisions

Article 14.-The Ministry of Labour, Employment and Social Security's Social Security Secretariat shall annually prepare a report on the economic, financial and actuarial sustainability of the pension systems established by laws 22,731 and 24.018 and its modifications, and will raise it for consideration to the Bicameral Commission of Control of Social Security Funds created in the area of the Honorable Congress of the Nation.

TITLE IV

Transitional provisions

Art. 15. For the purposes of reaching the age intended for men by Article 9 ° of Law 24.018 and its modifications (text replaced by this law) for the purpose of the ordinary retirement of magistrates and officials from the Article 8 of the above mentioned law the following scale shall be observed:

2020-Sixty (60) years.

2021-Sixty-one (61) years.

2022-Sixty-two (62) years.

2023-Sixty-three (63) years.

2024-Sixty-four (64) years.

2025-Sixty-five (65) years.

Art. 16. Officials who have performed or are at the date of entry into force of this law in the positions of Annex I, text prior to the amendment of the present, shall be included in the regime established in law 24.018. and its modifications. The service time served on those charges shall be considered to prove the requirement laid down in Article 9 (a) (a) of Law 24,018 and its amendments.

Art. 17. Until the Ad Hoc Commission referred to in Article 56 of Law 27,541 and the Honorable Congress of the Nation issue the respective law, the assets of the officials included in Titles I and II of the present shall be governed by the following mobility guidelines:

(a) For the benefits already granted to the date of entry into force of this law, the provisions of Article 27 of Law 24,018 and its amendments and in Article 6 of Law 22,731, respectively;

(b) For the benefits granted from the entry into force of this law, the percentage fixed in Article 10 of Law 24,018 and its amendments and in Article 4 ° of Law 22,731, respectively, shall apply. of the remuneration referred to there, updated to the value of the salary corresponding to each category or position in force at the time of the cessation. The same criterion applies to determine the mobility of the assets.

TITLE V

Derogations

Article 18.-Article 16 (a), (b), (c) and (e) of Law 24,018.

Art. 19.-Derogase the decree of the National Executive Branch 109 dated January 12, 1976.

TITLE VI

Validity

Art. 20. This law shall enter into force on the day following that of its publication in the Official Gazette.

Art. 21.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWELVE DAYS OF MARCH OF THE YEAR TWO THOUSAND TWENTY.

REGISTERED UNDER NO 27546

CRISTINA FERNÁNDEZ DE KIRCHNER-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul

NOTE: The Annex/s that integrates this (a) Law are published in the web edition of the BORA -www.boletinofficial.gob.ar-

ê 06/04/2020 N ° 16502/20 v. 06/04/2020

( Note Infoleg: The annexes referred to in this standard have been extracted from the Official Gazette web edition. The same can be found in the following link: Annex )