SUBMARINE ARA "SAN JUAN"
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Article 1-Recognizes the right to receive, for the only time, one (1) extraordinary benefit of an economic character per family group, in accordance with the agreement of the submarine, to the families of the crew member of the submarine ARA "San Juan" Article 3, as detailed in the listing which is an integral part of the present.
Article 2 °-The extraordinary benefit provided for in the previous Article shall be of an extraordinary nature in favour of the members of the military staff detailed in the said Annex, for the damage caused by the submarine ARA "San Juan" on the occasion of the development of tasks of surveillance and control of the sea at the limit of the exclusive economic zone of the Republic of Argentina, from which the disappearance or death of the entire crew will result.
Article 3 °-The right to the collection of the extraordinary benefit set out in Article 1 of the present invention comprises persons linked to the crew of the crew of the submarine ARA "San Juan", which are listed below:
(a) Children and daughters of equal parts;
(b) in the absence of children, parents and parents in equal parts;
c) He or the surviving spouse, provided that he had not been separated or separated from fact to the day of the disappearance or death.
He or the surviving spouse concurs with the beneficiaries and beneficiaries established and established in points (a) and (b) and shall be entitled to receive the same share as they and/or them, in respect of the total profit;
(d) the surviving survivor, provided that he has lived, on a public, notorious, stable and permanent basis with some or some member of the military crew member for at least two (2) years immediately prior to the day of the disappearance of the submarine ARA "San Juan".
He or the surviving survivor concurs with the beneficiaries and beneficiaries established and established in points (a) and (b) and shall be entitled to receive the same share as they and/or they, in respect of the total profit.
Article 4 °-The benefit agreed to in Article 1 of this Regulation shall be equivalent to the monthly remuneration of the level A agents, grade 0 of the Collective Labour Convention of the Staff of the National System of Public Employment (SINEP), approved by Decree 2.098 of 3 December 2008, its amendments and supplementary, multiplied by the coefficient 100 (100).
Article 5 °-The recovery of the benefit imports the waiver of any right for damages and will be exclusive of any other benefit or compensation for the same concept.
The granting of the benefit provided for by this law is incompatible with any legal action in the process of claiming damages by the beneficiaries and/or beneficiaries because of the fact referred to in Article 2. of the present.
Article 6-Payment of the extraordinary benefit agreed by Article 1 of the present to those and family members who have accredited the relevant link in accordance with Article 3 (3) before the implementing authority shall release the State of the patrimonial liability which it may be liable to correspond to the disinterested beneficiary or beneficiary.
Article 7 °-In cases where compensation for damages and damages has been awarded for a judicial decision and the compensation has been received, the beneficiaries and beneficiaries may only receive the difference between the amount established in the present and the amounts actually charged. If the perception has been equal or greater, they shall not be entitled to the pecuniary allowance provided for in this law.
Article 8 °-If, at the time of applying for the extraordinary benefit, there are judicial proceedings against the national State founded on the same facts as those referred to in this law, those who intend to avail themselves of this scheme shall to the implementing authority having formulated the corresponding withdrawal of the action and the right exercised in the respective processes and to renounce to initiate future legal proceedings for the same fact.
Article 9 °-The compensation provided for in this law shall be exempt from charges. Judicial or administrative proceedings in national jurisdiction which have the purpose of accreditation of the requirements laid down in Article 3 shall also be exempt from fees. In these cases the publication of edicts in the Official Gazette of the Argentine Republic will be free.
Article 10.-The Ministry of Defense shall be the enforcement authority of this law and shall be empowered to adopt the additional and clarifying rules necessary for its effective implementation. It shall also be responsible for the payment of benefits by deposit or transfer in official banks of the jurisdiction corresponding to the domicile of the beneficiary or the beneficiary.
Article 11.-The Chief of the Cabinet of Ministers shall make appropriate budgetary adjustments to comply with the provisions laid down in this Law.
Article 12. This law shall enter into force from its publication in the Official Gazette of the Republic of Argentina and shall remain in force for the term of three hundred and sixty-five (365) days.
The application for the benefit must be made within the aforementioned period, under the warning of expiry.
Article 13.-Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TWENTY-FOUR DAYS OF FEBRUARY OF THE YEAR TWO THOUSAND TWENTY-ONE.
REGISTERED UNDER NO 27615
CLAUDIA LEDESMA ABDALLAH DE ZAMORA-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-
e. 12/03/2021 N ° 14484/21 v. 12/03/2021
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: Annexes )