LEY NÚM. 21.484

PARENTAL RESPONSIBILITY AND EFFECTIVE PAYMENT OF ALIMENTAL PENSIONS

Bearing in mind that the H. National Congress has approved the following bill initiated in the message of His Excellency the President of the Republic, and in motion of the Honorable Senators Isabel Allende Bussi, Loreto Carvajal Ambiado, Paulina Núñez Urrutia, Claudia Pascual Grau and Yasna Provoste Campillay,

Bill:

"Article 1 Amend Act No. 14,908, on the abandonment of the family and payment of maintenance, the consolidated, coordinated and systematized text of which is contained in article 7 of the Decree by force of law No. 1, 2000, of the Ministry of Justice, as follows:

(1) The following final sentence shall be added in article 1 (3): "The court shall declare the claim for a sale or termination of a pension inadmissible in the event that the person is in force in the National Register of Food Pension Deuters, unless a qualified record is presented for this purpose, in accordance with the provisions of article 3 (4)."

(2) Add, in the final paragraph of Article 3, following the expression "Civil Code", the following phrase: "except that the only source of income of these corresponds to an old age pension, invalidity or survival".

(3) In the second paragraph of Article 6 below the phrase "food needs", the following: "considering on this, in addition to the provisions of the Civil Code, the distribution and economic taxation of care work for the survival of food".

(4) Replace, in the first paragraph of Article 10, the term "may also" by the word "shall."

(5) Please refer, in article 16, to the second paragraph of number 2, the following new number:

"3. It will order the retention of funds that the feeder has in its bank accounts or other financial or investment instruments, for which it will resolve within five working days.

In the event that there is no knowledge of bank accounts or financial or investment instruments, the special procedure for the collection of food pension debts established in articles 19 quater and following shall apply. ".

6) Replace, in article 19 bis, the expression "18 years" for "21 years".

7) Add the following articles 19 quater, 19 quinquies, 19 sexies, 19 septies and 19 octies, new:

"Article 19 quater. Special procedure for collecting food pension debts. If food is decreed by a decision that causes execution in favour of the persons indicated in the numbers 1, 2nd and 3rd of article 321 of the Civil Code, while the liquidated food debt and verified the assumption of article 16, number 3 of this law, the competent court shall initiate an investigation of the active assets of the debtor on reserve, for which it shall review, within three working days of the Financial Services maintained by the Commission In case of finding bank accounts, voluntary forecast savings accounts and/or financial or investment instruments on behalf of the feeder, the court shall have a period of five working days, from the beginning of the investigation, to issue a resolution through which such banking and/or financial institutions are ordered to be offered in order to inform within a period of ten working days the balances, movements and all the effective information that is considered to be relevant. Upon receipt of such offices, the court shall have a period of three working days to issue the resolution ordering the payment of the debt liquidated with such funds.

In order to safeguard the rights derived from the maintenance, the decision that it offers to the banking and/or financial institutions must also decree a precautionary measure for the retention of the debtor ' s funds in the bank accounts and/or financial or investment instruments where those are incurred, up to an amount equivalent to the total currently required debt, which should be expressed in the resolution. This measure shall be effective from the notification of the resolution to the respective banking or financial entity and before the person is notified of the person against whom it is delivered. For this purpose, the court shall order that the respective resolution be first notified to the institution in which the funds are located and immediately thereafter to the person against whom it was delivered. The entity shall, as soon as it is notified of the resolution, communicate it to the holder of the funds through the means set out in article 12 bis, paragraph 2, of this Act. If a sum exceeding the total amount of the debt has been retained, the feeder, once the debt has been fully liquidated, may require the release of the remaining funds. In that case, for the purpose of determining which funds the retention of the retention is to be maintained, the funds deposited in bank accounts and voluntary budget savings accounts will first be preferred and, where necessary, those financial or investment instruments whose liquidation is easier or more expeditious.

The resolution ordering the payment of the debt must identify the bank accounts, the voluntary forecast savings accounts, the financial and/or investment instruments of the feeder, as the case may be, to be used for the total payment of the debt, the specific amount and percentage of the debt ordered to be paid for each of them and the individualization of the bank account in which the payment is to be made.

Notified of the resolution referred to in the preceding paragraph, the respective institution shall have a period of fifteen working days to carry out the transfer ordered by the court, subject to a sanction that, if not, the provisions of article 18 of this law shall apply to it.

Once the investigation is initiated in this article, the court shall review within three working days of the first paragraph of this article, by means of the interconnection system, whether there are other food and/or food supplies in respect of the same feeder, and at the event that this happens, such a circumstance shall be known jointly and in a single process by the competent court that knows of the oldest existing case, the one that must for the purposes of payment. Food and/or food that are not applicants shall be paid on the basis of this procedure if at least they have a monthly amount of food owed by the feeder. However, the period for full payment to food and/or food may not exceed twenty-five working days from the beginning of the investigation.

In the event that the precautionary measure for the retention of funds provided for in article 12 bis of this Act has been granted during the proceedings and that the funds retained are sufficient for the payment of the food debt, the court shall proceed directly to order the payment with these funds, in accordance with paragraph 2 of this article. In the event that the funds held are insufficient for the full payment of the debt, the actions set out in this article will only aim to seek sufficient funds to pay the debt balance.

Article 19 quinquies.- Extraordinaryly, provided that there are three continuous or discontinuous pensions and the feeder does not keep funds in bank accounts or financial or investment instruments, or that there are insufficient funds for the payment of the debt, the food party may request the court to consult, through interconnection with the administering institution of pension funds in which the food is affiliated, from the balances that the company maintains in individual accounts. The obtaining of the information referred to in this paragraph and the issuance of the resolution ordering the payment of the liquidated debt shall be carried out within three working days of the submission of the request under this article.

The resources allocated for the payment of maintenance debts shall be regulated as follows:

1. In the event that, at the time of submission of the application for the commencement of this procedure, the feeder is 15 years or less to meet the legal age to be a beneficiary of the old-age pension, as provided for in article 3, paragraph 1, of the Law Decree No. 3,500, of 1980, the payment made from the individual capitalization account of obligatory contributions of the debtor may not exceed 50% of the accumulated resources.

2. In the event that, at the time of submission of the application for the commencement of this procedure, the feeder is more than 15 years and less than 30 years old to be eligible for the old-age pension, as provided for in article 3, paragraph 1, of the decree No. 3,500, of 1980, the payment made from the individual capitalization account of obligatory contributions of the debtor may not exceed 80 per cent.

3. In the event that, at the time of submission of the application for the commencement of this procedure, the feeder is more than 30 years old to be eligible for the old-age pension, as provided for in article 3, paragraph 1, of Law Decree No. 3,500, of 1980, the accrued payment from the individual capitalization account of the obligatory contributions of the debtor may not exceed 90 per cent of the accumulated resources.

The resolution ordering the payment of the debt must individualize the individual capitalization account of the compulsory contributions of the participant to the private pension system governed by Decree Law No. 3,500 of 1980, which will be used for the payment of the debt, the specific amount and percentage of the debt that is ordered to be paid in respect of that and the individualization of the bank account in which the payment is to be made. The share value of the mandatory capitalization fund shall correspond to the day the forecast administrator is notified of the resolution ordering the payment of the debt.

The court shall order that the resolution providing for payment be notified to the respective pension fund manager in the shortest term and by electronic means.

Article 19 sexies.- For the purpose of making the payment of the debt from the funds accumulated in the individual capitalization account of the obligatory contributions of the food debtor referred to in article 19 quinquies, the pension fund administrator shall liquidate the amount of contributions necessary to obtain the amount of money for the ordered debt payable by the court.

The payment shall be made by the administrator of pension funds in the bank account specified in the corresponding court decision, within five working days from the notice of the resolution ordering the payment of the liquidated debt as provided for in the final paragraph of article 19 quinquies, subject to the penalty that, if not, it is jointly responsible for the payment of the obligation of maintenance in accordance with the limitations set out in the second subparagraph.

The funds to which the food debt will be paid, referred to in article 19 quinquies, shall not constitute rent or remuneration for any legal effect and, consequently, shall be paid in full and shall not be affected to any fees or discount by the pension fund administrators.

Without prejudice to the provisions of this article and article 19 quinquies, if the feeder is receiving a pension for old age or disability in accordance with Decree-Law No. 3,500 of 1980, the debts of food pensions may not be paid with the resources of his individual capitalization account of mandatory contributions, if any.

Article 19 septies.- Within three working days from the submission of the application under article 19 quinquies, the court shall review through the interconnection system, whether there are other food and/or food owed by the same feeder. At the event of such an occurrence, the application will be known jointly and in a single process by the competent court that knows of the oldest existing case. For the purpose of the payment of debts, the court shall apportion the available funds of the feeder according to the restrictions set out in article 19 quinquies paragraph 2 of each of the food debts. Food and/or food that are not applicants shall be paid through this procedure if at least they have a monthly amount of food owed by the feeder. In addition to the mentions in article 19 quinquies, paragraph 3, the decision of the court in the case referred to in this paragraph shall include the amount and percentage of the funds to which each debt is to be paid.

Article 19 octies.- In contravention of the resolutions ordering payment, referred to in articles 19 quater, 19 quinquies, 19 sexies and 19 septies of this law, no recourse shall be made. ".

8) Replace, in article 25, the phrase "be credited to the feeder", with the following: "be satisfied".

9) Please refer, in article 36, to the following new second subparagraph:

"They may not be candidates for regional governors, regional advisers, mayors or councillors, who have a valid registration in the National Register of Food Pension Deuters."

Article 2°- Amend the Civil Code as follows:

(1) Replace, in the first paragraph of Article 323, the phrase "moderately in a manner corresponding to its social position", with the following: "instead of safeguarding the best interests, progressive autonomy and the integral development of the child and adolescent".

(2) In the final paragraph of Article 324, please refer to the phrase "the father or the mother" which has not paid a judicially decreed food pension, or", removing the comma that follows the word "infancy".

Article 3.- Amend Act No. 20.593, which creates the National Registry of Profuges of Justice, as follows:

(1) Article 1:

(a) In the heading, replace the phrase "detention orders", with the following: "detention and arrest warrants", and remove the "competitiveness in the criminal".

(b) Incorporate the following number 7), new:

"7) The food debtor who has been declared rebel under the terms of Article 14 of Law No. 14.908."

(2) Article 2:

(a) Eliminate, in numbers (1) and (2), the term "detention."

(b) Number (3):

I. Delete the expression "detention", the two times it appears.

ii. Replace the phrase "or convicted of a crime," for the following: "of a convicted person for a crime or a food debtor."

(c) In number (4), delete the term "detention."

(3) Article 3:

(a) Eliminate the term "detention."

(b) Replace the "or convicted" locution with the following: "a convicted person or a food debtor."

c) Add the following final sentence: "In the event of an arrest warrant, the appropriate means shall proceed."

(4) In article 4, delete the term "detention."

(5) Article 5:

(a) To delete, in subparagraph 1 above, the term "detention".

(b) Delete, in the second paragraph, the term "detainment."

6) In the third and final paragraph of Article 6, delete the phrases "with jurisdiction in criminal matters" and "detainment".

7) Delete, in article 11, the term "detention."

Transitional arrangements

Having complied with the provisions of article 93, paragraph 1, of the Constitution of the Republic, and since I have had the right to adopt and punish it, therefore, to promute and take effect as the Law of the Republic.

Santiago, August 31, 2022.- GABRIEL BORIC FONT, President of the Republic.- Antonia Orellana Guarello, Minister of Women and Gender Equity.- Marcela Rios Tobar, Minister of Justice.

What I write to you for your knowledge.- He presents his compliments, Luz Vidal Huiriqueo, Undersecretariat for Women and Gender Equity.

Constitutional Court

Bill amending Act No. 14,908, on Family Abandonment and Food Pensions, on parental responsibility and the effective payment of food pension debts, in respect of Bulletins No. 14,946-07 and 14,926-07

The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate of the Republic sent the bill set forth in the heading, approved by the National Congress, in order that this Court exercise the control of constitutionality in respect of articles 19 quater, 19 quinquies, 19 sexies, 19 Septies and 19 octies, contained in number 7, and the second paragraph that is added to article 36 of the Family Law 14.

It states:

I. That article 1, paragraph 9 of the draft law, which introduces a new subparagraph second to article 36 of Act No. 14,908, on the Abandonment of Family and the Payment of Food Pensions, the consolidated, coordinated and systematized text of which is contained in article 7 of the decree with force of law No. 1, of 2000, of the Ministry of Justice, is in accordance with the Constitution.

II. No provision is made, in a preventive review of constitutionality, of the remaining provisions of the draft law, for not regulating matters reserved for the Constitutional Organic Law.

Santiago, August 30, 2022.- María Angélica Barriga Meza, Secretary.