LAW NO. 20,996 GRANTS ADDITIONAL BONUS FOR RETIREMENT TO NON-ACADEMIC OR PROFESSIONAL STAFF OF THE STATE ' S UNIVERSITIES AND EMPOWERS THEM TO GRANT OTHER TRANSITIONAL BENEFITS Having regard to the fact that the National Congress has given its approval of the following Bill: " Article 1.-The non-academic or professional staff of the universities of the State receiving the compensatory benefit of Article 9 of Law No 20,374, which between 1 January 2015 and 31 December 2015 of 2024 has been or is 65 years of age, in the case of men, and 60 years of age, in the case of (a) women, and are affiliated to the pension system established in Decree Law No 3,500 of 1980, listing or having listed in that system, shall be entitled to an additional allowance, for tax purposes, provided that the other requirements set out in this law. This additional bonus may also be accessed by non-academic or professional staff of the State universities who have completed the above mentioned ages by 31 December 2014. The staff referred to in the first subparagraph shall be entitled to the additional bonus provided that they serve their positions in plant or contract quality and that, at the date of the beginning of the respective bid period, they have provided services in any of such qualities in State universities for a period of not less than ten years, continuous or discontinuous. In addition, the staff must make their voluntary resignation effective within the time limits set out in the following Article. For the purposes of calculating the seniority referred to in the preceding subparagraph, the years served as a contract for fees at the university of the employing State shall be considered if the official, at the date of the start of the period of application, has five or more continuous years of services immediately prior to that date in plant or contract positions in the universities of the State. The non-academic or professional staff referred to in this Article, who are engaged in the additional bonus, may reduce the age required to impose that allowance and the compensatory benefit of Article 9 of Law No 20,374 on the cases and situations referred to in Article 68a of Decree-Law No 3,500 of 1980, for the same reasons, procedures and timescales. Article 2. Non-academic or professional staff who are the beneficiary of a quota for the additional allowance shall make effective their voluntary resignation from the university of the State, in respect of the charge or the total number of hours served by virtue of their appointment or contract, within one hundred and eighty days following compliance by the age of 65 years or within 90 days of the notification of the decision giving you a quota of Article 5, if the latter date is after that. However, female officials may apply for a period of 60 years and up to the age of 65 years, in compliance with the other conditions laid down by this law and its regulations. The officials who run before the age of 65 years of age and are selected must make their voluntary resignation effective within one hundred and eighty days following the notification of the act assigned to them by a quota. If the official does not make her resignation effective within that period, she will lose her quota, but she will be able to apply in the following periods to the one in which she is entitled to apply at the age of 65. Non-academic or professional staff benefiting from the additional bonus under Article 1 shall cease to be in office only if the employer makes available to him the full compensatory benefit of Article 9 of the Law N ° 20.374. Otherwise, it shall cease to be in office when the compensatory benefit is paid. If the non-academic or professional staff does not make their voluntary waiver effective within the time limits laid down in this law, as appropriate, it will be understood that he will irrevocably waive the additional bonus provided by this law. Article 3.-The additional bonus shall be granted up to a maximum of 2,870 quotas, as provided for in Article 5, shall be for tax purposes and shall be up to the years of service provided by the official at universities of the State to the Date of termination of duties, to the following amounts: Monto of the Bonification Years of Additional Service in Units of Promotion 10 to 19 years 420 20 to 29 years 450 30 to 39 years 500 40 and more years 560 Additional bonus will be equivalent to the amounts indicated in the preceding paragraph, for a maximum day of 44 hours per week, calculated in proportion to the working day for which he is serving, if this is inferior. If the non-academic or professional staff is engaged for a major day or performs duties in more than one state university with days exceeding that maximum, it shall be entitled to only a corresponding additional allowance. to the above 44 hours per week. The additional bonus shall not be considered as remuneration or income for any legal effect, and shall not be taxable or taxable. The value of the promotion unit to be considered for the calculation of this benefit shall be that corresponding to the date of termination of office. For the purposes of accessing the bonus in question, the same years of service may not be counted as having already been accounted for in order to receive other benefits associated with voluntary retirement, with the exception of the provisions of the Article 9 of Law No 20.374. The additional bonus shall be paid by the employing university at one time, the following month of the termination of the duties of non-academic or professional staff. Article 4.-The additional bonus shall also be paid by non-academic or professional staff of the State, plant or contract universities, who obtain or have obtained an invalidity pension from Decree Law No 3,500 of 1980, or cease or have ceased to function on the basis of a declaration of health care that is irrecoverable or incompatible with the performance of the post, between 1 April 2015 and 31 December 2024, provided that it is affiliated to the pension system established by Decree Law No 3,500 of 1980, listing or having listed in that system and bringing together the other requirements for their collection and access to one of the quotas referred to in Article 5. In addition, the officials referred to in the preceding paragraph, within three years of obtaining the invalidity pension or ending their duties by declaration of vacancy in accordance with the grounds referred to in the preceding paragraph, shall comply with, between 1 April 2015 and 31 December 2024, 65 years of age, in the case of men, and 60 years of age, in the case of women. The staff referred to in the foregoing paragraph who do not comply with the age requirement established there, may also access the additional bonus if they have thirty or more years of service to the date of the cessation of duties, in any quality legal, plant or contract, in State universities, and provided that at 31 December of the year preceding the end of their duties due to the causative causes preceding that they have had a minimum of five years of continuous performance or discontinuous in plant or contract charges. Staff shall be entitled to the additional allowance provided that they serve their positions as plant or contract quality and that they have provided services in any of those qualities at the State's universities, at least for a period of ten years, continuous or discontinuous, to the date of the cessation of functions by any of the causals indicated in the first paragraph. The staff referred to in the preceding points of this Article may apply for the additional bonus at the university of the employing State, after the ages referred to in the first subparagraph have been fulfilled or if they have 30 or more years of service, within the deadline specified by the regulation. If you do not run within that period, the additional bonus shall be deemed to be irrevocably waived. The additional bonus will be paid by the employing university at one time, the following month after the administrative act which grants it. The value of the promotion unit to be considered for the calculation of this benefit shall be that corresponding to the last day of the month preceding its payment. State universities shall be entitled to grant the compensatory benefit of Article 9 of Law No 20.374 to non-academic or professional staff, plant or contract staff, who receive the additional allowance under the first subparagraph of this article. In this case, the number of months to be paid for such compensatory benefit shall correspond to the difference between the months which he was able to receive in accordance with Article 9 of Law No 20.374, if he voluntarily resigned, and six months of the Article 152, second paragraph, of the decree with force of law No. 29, 2004, of the Ministry of Finance, which fixed the consolidated, coordinated and systematized text of Law No. 18,834 on Administrative Statute. Article 5.-The additional bonus created by this law may be accessed up to a total of 2,870 beneficiaries. For the year 2017, 200 quotas will be considered. For the year 2018, 400 quotas will be contemplated. For the years 2019 and 2020, there will be 435 quotas for each annuity. Starting in 2021 and until 2024, 350 quotas will be contemplated for each year. However, quotas that would not have been used in the years 2017 and 2018 will increase the quotas for the year 2019. As of this last year, quotas that are not used in each annuity will increase the following year. På If officials agree to the additional bonus, they will have to apply in their respective employment institution within the time limits set by the regulation, communicating their decision to voluntarily resign. These institutions will have to submit the applications to the Education Secretariat, which will establish the distribution of annual quotas among the universities through one or more resolutions exempt, which will be endorsed by the Budget Directorate. state, in proportion to the number of applications that meet the requirements set by this law. The employing institution shall, for each application process, dictate a resolution that shall contain the listing of all applicants who meet the requirements to access the additional bonus of this law. In addition, this resolution shall contain the individualisation of the beneficiaries of the quotas available for that year and the other matters defined by the Regulation. If there is a higher number of applicants than quotas available in one year, they will be selected according to the following criteria: (a) First, those with a greater number of days will be preferred over the legal age to be penalized by old age, whether official or official, considered at the beginning of the application period to be set by the regulation. b) On a level playing field, those who have more years of service at the state university are preferred, and then in all state universities. (c) If equality persists, those with the greatest number of days of rest of the medical licenses submitted during the 365 days immediately preceding the beginning of the respective period of application shall be preferred. (d) In any case, if all the selection criteria are applied, the equality shall be determined by the highest authority of the respective university. Once the decision referred to in the third subparagraph has been issued, the State University of employment shall notify it within five days of the date of its decision, to each of the officials who participated in the application process, to the institutional email assigned to them or to the one they set out in their application, or in accordance with the final paragraph of Article 46 of Law No 19,880. The staff of a quota must submit their voluntary resignation and make it effective within the time limits laid down in Article 2. Without prejudice to the foregoing, the staff may make their voluntary resignation effective from the date of their submission. (b) application of the additional bonus, provided that the ages referred to in Article 1 (1) are met, as appropriate. In this case, the additional bonus in Article 3 shall be paid the following month of the total handling of the decision granting the respective quota to those who comply with the requirements laid down in this law. In addition, the value of the promotion unit for the calculation of the benefit shall be that in force on the last day of the month preceding the total processing of that decision. In turn, the compensatory benefit of Article 9 of Law No 20.374, where applicable, shall be paid in accordance with the fourth paragraph of that provision. For the purposes of Article 8 of this Act, officials shall submit the application for access to the bond established in law No 20.305 at the same time as they present their voluntary resignation. Article 6.-The applicants for the additional bonus that, in compliance with the requirements to access it, will not be selected for lack of quota, will pass on to integrate in preference the list of selected of the process that corresponds to the year or subsequent years, without the need for a new application, maintaining the benefits corresponding to the time of such application, including those referred to in Article 9 of Law No 20,374. Once said applicants are incorporated in the list of beneficiaries of quotas for the following period or periods, if quotas are available, they will be completed with the postulates of that year that are selected. In the cases referred to in the preceding paragraph, the State universities may grant the compensatory benefit provided for in Article 9 of Law No 20,374 to non-academic or professional staff, plant or contract staff, provided that they have right to the same. Article 7.-In the event that an official selected within the quotas assigned to a bidding process is withdrawn from that one, that quota will be reallocated by the respective university, strictly following the order of the list contained in the resolution referred to in Article 5. Women under 65 years of age who have been selected with a quota will not be able to keep them for the following years, and should be repostulated in accordance with the rules laid down in the regulation. The person who is assigned the quota of the personnel who will be required to make effective his voluntary resignation according to Article 2 of this law. Article 8. Non-academic or professional staff applying for the additional bonus shall be entitled to submit the application for access to the bond set out in Law No 20.305 at the same time as they report their date of resignation. voluntary. For this purpose, the periods and ages laid down here shall be considered, without the time-limits of 12 months referred to in Articles 2, 5 and 3 of Law No 20.305 being applicable in their respect. Article 9.-The additional bonus shall be incompatible with other retirement allowances, such as those granted under Law No 20,807 or Articles 1 and 4 of Law No 20,374. Furthermore, the above allowance shall be incompatible with any compensation which, by way of termination of the employment relationship or termination of office, may be paid to non-academic staff, with the only exceptions to the benefit referred to above. In law No 20.305, the compensatory allowance provided for in Article 9 of Law No 20.374 and the eviction referred to in Article 13 of the decree with force of law N ° 29, 2004, of the Ministry of Finance, in respect of is currently applicable. Article 10. Non-academic or professional staff who cease their employment by virtue of the provisions of this law or obtain any of their benefits, may not be appointed or hired, either for hire or on the basis of fees, in any institution which, in accordance with the State Administration, during the five years following the end of its employment relationship, unless it has previously returned the entire benefit received, duly adjusted for the change in the index of consumer prices, as determined by the National Statistics Institute, between the month of payment of the respective profit and the month before the refund, plus the current interest for readjustable transactions. Article 11.-If the non-academic or professional staff does not postulate the additional bonus on the dates laid down in the regulation or does not make its voluntary waiver effective within the time limits specified in this law, it shall be understood that it shall resign. irrevocably to that benefit. The staff who receive the benefits of this law will have to waive all charges and the total number of hours served by the deadlines indicated in this respect. Officials who perform at more than one State University will have to give up all hours and appointments or contracts that they serve in the different employing entities. Article 12.-State universities may grant the compensatory benefit provided for in Article 9 of Law No 20.374, for the only time, to non-academic or professional staff, plant or contract staff, who are more than 65 years of age with prior to the start date of the first period of application for the additional bonus, when you are entitled to such bonus and provided you submit your voluntary waiver in respect of your office or the total number of hours served, within that period. If the staff does not submit their resignation within the period referred to above, it shall be deemed to have irrevocably waived such compensation. State universities shall also be entitled to grant the compensatory benefit referred to in the previous subparagraph, for the only time and in exceptional form, to non-academic or professional staff, plant or contract staff, who have more than 65 years of age to the date of publication of this law, provided that it effectively makes its voluntary waiver within one hundred and eighty days following such publication, when it is entitled to only this compensatory benefit. If the staff does not submit their resignation within the period referred to above, they shall be deemed to have irrevocably waived such compensation. Article 13.-A regulation issued by the Ministry of Education and also signed by the Minister of Finance, will determine the periods of application for the benefits of this law, and may set different deadlines according to the date on which the officials comply with the relevant requirements. It will also be able to establish the procedure for granting the benefits of this law and to fix the mechanisms for requesting the tax resources that correspond to finance the aforementioned benefit. The Regulation shall also determine the applicable procedures for the inheritability of the additional bonus and any other rules necessary for the application of this legislation. In the regulation, the authority shall take cognizance of the opinion of the associations of non-academic officials of the universities of the State, constituted in accordance with Law No 19.296. The Regulation referred to in this Article shall, at the latest, be given within the sixth month following that of the publication of this Law. Article 14.- The additional bonus corresponding to an official shall be transmittable by cause of death if the latter fails between the date of application and before the date of receipt, and provided that it complies with the requirements laid down in this Law for access it. This benefit shall be subject to the first paragraph of Article 5. TRANSITIONAL PROVISIONS Article 1.-The additional bonus of Article 1 of this Law may be granted, the former non-academic or professional staff of the State, plant or contract universities who have resigned on a voluntary basis or at the total number of hours he served, between 1 January 2015 and the day before the date of publication of this law; having received the compensatory benefit of Article 9 of Law No 20,374; the pension system set out in Decree Law No 3,500 of 1980, listing or having been quoted in that the system, and that it has complied, during the dates mentioned above, 65 years of age, in the case of men, and 60 years of age, dealing with women. In addition, to the date of termination of their duties, such staff must have complied with the seniority requirement referred to in Article 1 (2), and shall apply, where appropriate, the requirements of the third subparagraph of that provision. The former non-academic or professional staff involved in this article should apply for an additional bonus to their former employer within the first period of the regulation. If you do not run within that period, you will be deemed to have irrevocably waived this benefit. The payment of the additional bonus shall be made by the respective university of the State in the month after the administrative act which grants it is fully processed. The value of the promotion unit to be considered for the calculation of this benefit shall be that corresponding to the last day of the month preceding its payment. Article 2.-The highest fiscal expenditure representing the application of this law, during its first financial year, will be financed from the budget of the Ministry of Education. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading of the Treasury, may supplement that budget in the part of the expenditure that cannot be financed from these resources. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 3 February 2017.-MICHELLE BACHELET, President of the Republic.-María Isabel Díaz Pérez, Minister of Education (S).-Rodrigo Valdés Pulido, Minister of Finance. What I transcribe to you for your knowledge.-Atacently, Vivien Villagran Acuña, Assistant Secretary of Education (S).