LAW NO. 20,964 GRANTS VOLUNTARY RETIREMENT BONUS TO ASSISTANT EDUCATION STAFF INDICATING I have to honor to communicate to V.E. that the National Congress has given its approval to the following Bill: " Article 1 °.-Grant, by a single a voluntary retirement allowance for the assistant education staff to be carried out in educational establishments directly administered by the municipalities or private non-profit corporations created by them to administer municipal education; in establishments governed by decree law N ° 3.166, from the Ministry of Public Education, the year 1980, and also workers governed by the Labour Code to be held in the Departments of Municipal Education Administration (DAEM), in the Directorates of Municipal Education (DEM) and to staff who perform duties related to the administration of the educational service in the aforementioned municipal corporations, who, for the purposes of this law, will be subject to the same provisions as the assistants of the (a) education, and which, in the period from 1 July 2014 to 31 December 2025, both dates, including, have met or are 60 years of age, in the case of women, or 65 years of age, if they are men, provided they communicate their decision to voluntarily give up the total hours they serve in the agencies before In accordance with the rules laid down in this law and in the rules of procedure. The voluntary retirement allowance shall be the employer's charge and shall amount to one month of taxable remuneration for each year of service provided in the entities referred to in the preceding paragraph, with a maximum of 11 months. The remuneration to be used as the basis for the calculation of the voluntary retirement allowance shall be the average monthly taxable remuneration which the worker has paid during the 12 months immediately preceding the date of the withdrawal. presentation of the letter of resignation, updated according to the Consumer Price Index determined by the National Statistics Institute. Article 2.-They shall also be entitled to the voluntary withdrawal bonus of the previous article, the education assistants of the institutions referred to in the first paragraph of that article which, as at 30 June 2014, have been 60 or more years of age, if they are women, and 65 or more years of age, if they are men, provided that they postulate to her communicating her decision to voluntarily give up on the time or deadlines laid down in the regulation and make their voluntary resignation effective within the deadlines which establishes this law. The education assistants referred to in the first subparagraph, who, at the date of publication of this law, are more than 65 years of age and less than 67 years of age, in order to be entitled to the benefits provided for in Articles 1 and 7, shall apply in the first period laid down by the regulation for them, and must make their voluntary resignation effective no later than 1 March of the year following the date of publication of this law or within 90 days of the date of publication of the communication of which they agreed to a quota in accordance with the provisions of the following Article, if the latter period after the first mentioned above. However, in the cases in which they are applicable, they may apply for the periods referred to in points (b) and (c) of Article 8, in accordance with the provisions laid down in that Article. The workers referred to in the first subparagraph who, at the date of publication of this law, are 67 or older, may only apply in the first period of the regulation and must make their voluntary resignation effective. within 90 days of the communication that they agreed to a quota in accordance with the provisions of the following Article. If you do not apply and/or do not effectively waive the waiver within such time limits, you will be deemed to irrevocably waive the benefits set forth in this law. However, the term of the employment relationship will occur when the employer makes available to the education assistant the whole of the bonus to which he is entitled. Female education workers who were older than 60 years of age and under 65 years of age, who were older than 60 years of age, will be able to participate in any application process up to the one in which they are 65 years of age according to the set out in the regulation. If they do not apply for voluntary retirement allowance in the process corresponding to the age of 65 years, the provisions of Article 8 of this Law shall apply to them. The workers referred to in this Article may also access the benefits referred to in Articles 7 and 10 of this Law, provided that they meet the respective requirements. Article 3.-The voluntary retirement allowance may be granted up to a total of 12,000 education assistants. For the years 2016 and 2017, 878 will be consulted for each year. For the year 2018 there will be 1000 quotas. For the years 2019 to 2022, inclusive, 1,561 quotas will be contemplated for each annuity. For the years 2023 to 2025, inclusive, 1,000 quotas will be available for each year. Quotas that would not have been used in the years 2016 to 2018, including, will increase the quotas for the year 2019. From this last year, quotas that are not used in each annuity will increase the quotas for the following year. In order for workers to access the voluntary retirement allowance, they must apply in their respective employer institution, communicating their decision to voluntarily resign within the deadlines and forms to be set by the regulation. The institutions referred to in the first paragraph of Article 1 shall refer the applications to the Assistant Secretary for Education, which shall be determined by the established resolution of the beneficiaries of the corresponding year. Should there be a higher number of applicants than quotas available for one year, the Education Secretariat will award them according to the following priority criteria: (a) In the first term, workers governed by the Labour Code who perform in the Departments of Municipal Education Administration (DAEM), in the Municipal Education Directorates (DEM) and the staff who perform duties related to the administration of the educational service in the municipal corporations referred to in Article 1, provided that they are carried out in communes in which the educational service must be transferred to a Local Public Education Service in the year following the respective bid process. b) Second, those of the highest age. (c) On equal terms of age, those with the highest number of years of service will be prioritized in the employing institution. (d) If equality persists, priority should be given to those who have had a higher number of medical leave days during the three hundred and sixty-five days immediately preceding the start of the application period. For these purposes, the employer shall inform the Education Secretariat of the number of days of medical leave. If all the above priority criteria are applied, it is not possible to assign a quota, the Assistant Secretary for Education will decide. The resolution referred to in the second subparagraph shall contain the listing of all applicants who qualify for the voluntary retirement allowance. In addition, this resolution shall include the individualisation of the beneficiaries of the available quotas and the other matters defined by the Regulation. Once the decision referred to in the second subparagraph has been issued, the Subsecretariat of Education shall forward it by means of the mechanisms defining the regulation to each of the institutions referred to in the first paragraph of Article 1, and entities will immediately spread it through means of wide access. Within 5 working days of the date of the decision of the decision referred to above, the employer must notify personally, by registered letter addressed to the registered office, that the worker is registered with the service or by e-mail to each of the workers who participated in the process of applying for the result of the same. Workers who are beneficiaries of quotas in the voluntary retirement allowance must inform the Department of Human Resources in writing or the person who fulfils the function in their employer, no later than the last day of the month. following the judgment of the decision referred to in the second paragraph of this article, the date on which they will definitively leave the office and the total number of hours they serve. However, voluntary renunciation must be made effective at the latest within the time limits laid down in this Law. Without prejudice to the provisions of the following Article, workers who are in the situation laid down in the provisions of this Article and who are beneficiaries of a quota may not withdraw from their voluntary resignation. Article 4.-If a worker benefiting from a quota referred to in the previous Article is withdrawn from his voluntary resignation, the employer institution shall inform the Deputy Secretary of Education immediately so that it may be reallocated. the quota strictly following the order of the list contained in the resolution that determined the beneficiaries of the respective year. Women under 65 years of age who, having been selected with a quota, will not be able to keep them for the next few years, and must be repostulated, in accordance with the rules laid down in the regulation. The worker or worker who is assigned the quota The person who has the right to give up the date of his or her voluntary resignation on the last day of the month following the date of the judgment given to him by the quota. The waiver shall be effective no later than 1 March of the year following that in which he or she is 65 years of age or 66 years of age, as appropriate according to his or her application, and not beyond the age of 67. Article 5.-The applicants and the applicants for the voluntary retirement allowance who, in compliance with the requirements to access it, are not selected or selected for lack of quotas, will pass on to integrate the list of selected in preference of the corresponding process the following year, without the need for a new application. Once they are incorporated into the beneficiary payroll, if any available quotas are available, they will be completed with the postulates of that year that are selected. Article 6.-The payment of the voluntary retirement allowance shall be made by the institution in which the worker has been employed. The term of the employment relationship shall take place where the employer makes available to the education assistant the whole of the bonus to which he is entitled. However, the term of the employment relationship must be completed no later than three months after the transfer of the resources to be carried out by the Ministry of Education in accordance with the provisions of the following paragraph. This bonus will not be taxable or will constitute income for any legal effect and will therefore not be affected at any discount. The bonus will be charged to the employer. Without prejudice to this, the grant advance provided for in Article 11 of Law No 20.159 may be requested for financing by the latter. In the case of personnel serving in establishments governed by Decree Law No. 3,166, of the Ministry of Public Education, of the year 1980, this bonus will be the responsibility of the managing institution and will be financed with the contribution that perceive for operations and operation. The use of the advances obtained under this law for purposes other than those expressly indicated in Article 11 of Law No 20.159, by the municipality or the corresponding corporation, shall be sanctioned in accordance with the the scale of penalties laid down in Article 233 of the Criminal Code. Article 7.-Workers and workers who, under the voluntary retirement allowance of this law, have at the date of withdrawal a minimum of ten years ' seniority of services actually provided in the quality of Assistants of education in the entities referred to in Article 1 ° shall be entitled to receive, for one time, an additional allowance for the age of the tax office. The amount of the additional bonus will depend on the years of service of each worker provided in the quality of education assistants in the entities mentioned in article 1, adding, if appropriate, the time served in the agencies or public sector educational entities that have been transferred to the Municipal Administration, according to the table below: Antiquity Amount of the Bonification (Years of Service) Additional (UF) Between 10 and 14 80 Between 15 and 19 135 20 165 21 180 22 195 23 210 24 225 25 255 26 290 27 320 28 350 29 380 30 390 31 420 32 450 33 480 34 510 35 or more 560 El value of the unit of promotion to be considered for the calculation of the benefit shall be that in force on the last day of the month preceding that of the submission of the letter of resignation. The amount of the additional bonus for seniority fixed in this article corresponds to a weekly day of 45 or 44 hours per week, according to the regime to which the worker affected. If the day is lower than indicated, it shall be calculated in proportion to the contract. If the day is greater, or if it is more than one establishment, the sum of the days exceeding that maximum, it shall be entitled only to the additional bonus corresponding to the 45 or 44 hours per week, according to its seniority. In any event, education assistants who are recruited by more than one of the entities referred to in Article 1 shall receive the additional bonus of this Article in respect of their working time and seniority in each of them, with the above limit. Also, in the case of those who perform in two or more educational establishments that are dependent on the same entity of those mentioned above, the total number of hours contracted to the institution and the date of its income to this. This additional bonus for seniority will be paid only once at the same opportunity as the voluntary withdrawal bonus from Article 1. It shall not be taxable and shall not constitute an income for any legal effect and shall therefore not be affected at any discount. The payment shall be made by the employer. Article 8.-Workers referred to in Article 1 may apply in any of the periods set out in the following letters and shall be entitled to the benefits indicated, according to the time of application, in accordance with the The following rules are indicated: (a) First period of application. In this period, workers who are 65 years of age or older may apply in the period or time limits laid down in the regulation. Workers who apply for this period and who have access to a quota of those laid down in Article 3 shall submit their voluntary resignation in accordance with the final paragraph of that Article and make it effective no later than 1 January. March of the year following the year in which they comply. In this case they shall be entitled to the full voluntary withdrawal allowance corresponding to them and the additional bonus for seniority of Article 7 °, provided that they comply with the respective requirements. Workers who do not voluntarily give up all the charges and the total number of hours they serve within the time limit shall be deemed to have irrevocably waived the additional bonus for the seniority of Article 7 (b) of the second period of postulation. In this period, workers who are 66 years of age, in the period or time limits laid down in the regulation, may apply. Workers who apply for this period and who have access to a quota of those laid down in Article 3 shall submit their voluntary resignation in accordance with the final paragraph of that Article and make it effective no later than 1 March. of the year following the year in which they meet that age, and no longer than they are 67 years of age. In this case, they will only be entitled to the full voluntary withdrawal bonus of this law that corresponds to them, provided that they comply with the respective requirements. c) Third period of application. In this period, workers who are 67 years of age, in the period or time limits laid down in the regulation, may apply. Workers who apply for this period and who have access to a quota of those laid down in Article 3 shall submit their voluntary resignation in accordance with the final paragraph of that Article and make it effective no later than the day in which they are employed. which are 67 years of age or within 90 days of the notification that they have agreed to a quota in accordance with Article 3, if that date is later than that date. In this case, only half of the voluntary withdrawal bonus of this law that corresponds to them can be accessed, provided that they meet the respective requirements. In respect of workers who do not run in any of the preceding periods, it is understood that they irrevocably renounce all the benefits of this law. However, workers will be able to apply for the voluntary retirement allowance, in any of the processes established by the regulation, since they are 60 years old and up to the process corresponding to the age of 65 years. Voluntary withdrawal bonus and additional bonus for seniority, provided that they meet the respective requirements. They may also apply in the periods referred to in points (b) and (c) of this Article, provided that they satisfy the age of the periods referred to in those letters and only access the benefits for those periods referred to in points (b) and (b) above. (c) as appropriate. In the case of female workers who are between 60 years and 65 years of age, between 1 January and 31 December 2025, they will be able to apply in the corresponding process for that year as defined by the regulation and, if selected, they will have to The Commission shall, at the latest, until 1 March of the year following the year in which it is 65 years of age, effectively waive its voluntary resignation, retaining the quotas obtained during that period. In the case of workers whose role is directly related to the administration of the educational service, when the latter must be transferred to a Local Public Education Service, they may apply only to the process. corresponding to the year preceding the year in which the transfer is to be carried out and shall receive the corresponding benefits in accordance with the preceding points. Article 9.-Education assistants who take advantage of the benefits of this law shall voluntarily waive all charges and the total number of hours they serve, within the time limits specified in this law. In addition, education assistants who perform in more than one educational establishment as referred to in Article 1 shall give up all the hours and appointments or contracts which they have in the various establishments. s. It is understood that they renounce irrevocably the benefits of this law, workers who do not voluntarily renounce the total number of hours they serve. Article 10.-The staff applying for the voluntary retirement allowance established in this law and who are a beneficiary of Law No 20.305 shall have the right to submit the application for access to the bond established by that law, in the same the opportunity to communicate your date of voluntary resignation, in accordance with the procedure laid down in this law. For this purpose, the periods and ages laid down in this Law shall be considered, not applicable in respect of the periods of twelve months referred to in Article 2 (5) and in Article 3 (2), both of which are of Law No. 20.305. The bond set forth in law No. 20,305 is compatible with the benefits of this law. Article 11.-The voluntary withdrawal bonus and the additional bonus for the age of this law shall be incompatible with any compensation which, by way of termination of the employment relationship or for years of service in the Administration of the State may correspond to the assistant staff of the education, whatever its origin and to whose payment the employer or some organ of the Administration of the State or the Fiscus concurs, especially with those referred to in the article 163 of the Labour Code. Additionally, the aforementioned benefits will be incompatible with any other benefits previously perceived to be on a voluntary basis or function by the education assistant. In no case may years of services which have been considered for the calculation of previous approved benefits be counted. However, if the assistant education worker had agreed with his employer to give any event the amount of which is higher, he may opt for the latter. Article 12.-Education assistants who cease their employment by virtue of the provisions of this law may not be hired again in any of the organizations mentioned in Article 1, as well as in municipalities during five years after the end of their employment relationship. The above, unless they have previously returned all the benefits received, duly adjusted for the variation of the Consumer Price Index determined by the National Statistics Institute, between the month of the payment of the the respective profit and the month before the refund, plus the current interest for readjustable transactions. The entities referred to in Article 1 (1) which shall reduce the number of staff of education assistants by application of this law shall not be able to replace the vacancies which occur in such a case. Article 13.-The mayors, directors of the Municipal Education Departments or of the Municipal Education Directorates and the managers or administrators of the non-profit corporations who, except fortuitous case or force majeure, delay the payment of the voluntary retirement allowance or the additional working age to which the education assistants are entitled in accordance with this law, for more than sixty days from which the resources have been transferred to those purposes, they incur a cause of notable abandonment of their duties or serious non-compliance with their contractual or legal obligations, as the case may be, for the purposes of making the corresponding liability enforceable. Article 14. A regulation issued by the Ministry of Education, which will also be signed by the Minister of Finance, will determine the periods of application for the benefits, and may set different deadlines. You may also establish the procedure for granting and paying the benefits of this law. It shall also determine the applicable procedures for the inheritance of voluntary retirement benefits and the additional allowance for seniority in accordance with the general rules governing succession for the cause of death, as well as also the other rules necessary for the application of this law. If the official dies between the date of his application to access the benefits of articles 1, 2 and 7, as appropriate, and before he receives it, and provided that he complies with the requirements laid down in this law to access them, These will be transmissible by cause of death. Such benefits shall be subject to the first subparagraph of Article 3 and the limitations laid down in Article 8, in accordance with the process in which the deceased person has applied. The regulation dealing with this article must be issued within 90 days of the date of publication of this law. Article 15.-By way of derogation from Article 6 (1), the worker may request that the employment relationship be terminated for justified reasons such as serious illness or other illness, from the moment he is notified of the a resolution that determines it as a beneficiary. Case in which the employer must inform the Ministry of Education of the situation, which must determine the date on which the benefits corresponding to the voluntary retirement allowance will be paid. During the period between the end of the employment relationship and the actual payment of the allowance, the worker shall not receive any remuneration. TRANSITIONAL PROVISIONS Article 1.-Education assistants who, having performed in the institutions referred to in Article 1 of this Law, have terminated their employment contract in respect of the application of the causal referred to in the first paragraph of Article 161 of the Labour Code, from 1 March 2015 until the day before the date of publication of this law, the additional bonus for the seniority of Article 7 shall be granted in respect of the the same terms as laid down in that Article, and provided that they have been 60 years of age in the case of women, and 65 years of age in the case of men, between 1 July 2014 and the day before the publication of this law. The education assistants referred to in the preceding paragraph, in order to access the additional bonus for seniority, shall submit their application to their former employer within 30 days of the publication of this law and provided that they comply with the requirements to be entitled to it. Beneficiaries and beneficiaries who have access to a quota of those referred to in Article 3 of this Law shall be included in the decision referred to in that Article. If they do not run within the time limit set, they shall be deemed to give up irrevocably the additional bonus for seniority. Those who have been assigned a quota shall receive the additional bonus for seniority, according to the value of the promotion unit corresponding to the last day of the month immediately preceding the payment. The payment of the additional bonus for seniority shall be made in the month following that of the total processing of the administrative act granting it. To those who receive the benefits provided for in this Article, the provisions of Article 12 shall apply. Article 2.-The highest fiscal expenditure that represents the implementation of this law during the 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 it cannot finance with these resources. " Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 18 October 2016.-MICHELLE BACHELET, President of the Republic.-Adriana Delpiano Puelma, Minister of Education.-Rodrigo Valdés Pulido, Minister of Finance. What I transcribe to you, for your knowledge.-Atacently, Valentina Karina Quiroga Canahuate, Assistant Secretary of Education. Constitutional Court Bill granting the assistant education staff indicating, a voluntary retirement allowance, an additional bonus for seniority and the compatibility with the deadlines of law No. 20.305, which improves conditions for the withdrawal of workers from the public sector with low rates of replacement of their pensions, corresponding to the bulletin Nº 10583-04 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate of the Republic sent the draft text, approved by the National Congress, in order to make it The court exercised the preventive control of constitutionality in respect of its article 13 of the bill, and that this Magistracy, by judgment of October 4, 2016, in the process Role No. 3.204-16-CPR. It is stated: 1. That article 13 of the bill is not contrary to the Constitution. 2nd. That, this Constitutional Court does not issue a pronouncement, in preventive examination of constitutionality, of the provisions contained in articles 1º; 2º; 3º; 4º; 5º; 6º; 7º; 8º; 9º; 10º; 11º; 12º; and, 14º; as well as the first and second transitory articles, for not dealing with matters of the constitutional organic law, in the understanding that has been mentioned in recital (15). Santiago, October 4, 2016.-Rodrigo Pica Flores, Secretary.