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GRANTS OFFICIALS FROM THE JUDICIARY WHO INDICATE A BONIFICACIA "N FOR VOLUNTARY RETIREMENT AND OTHER BENEFITS" ALA

Original Language Title: OTORGA A LOS FUNCIONARIOS DEL PODER JUDICIAL QUE INDICA UNA BONIFICACIÓN POR RETIRO VOLUNTARIO Y OTROS BENEFICIOS QUE SEÑALA

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LAW NO. 20.708 GRANTS TO OFFICIALS OF THE JUDICIARY THAT IT INDICATES A VOLUNTARY RETIREMENT BONUS AND OTHER BENEFITS THAT IT POINTS OUT bearing in mind that the H. National Congress has given its approval to the following Bill: " Article 1.- Grant a voluntary withdrawal bonus to the officials of the Judiciary who are held as holders in positions of the Primary, Employees, Third and Sixth Series of the Secondary Scalafon; the staff to be hired assimilated to the steps of the Higher Staff, the Technical and Employees Councils, and the personal plant and contract staff of the Administrative Corporation of the Judiciary, which between January 1, 2009 and July 1, 2014, have met or are 60 years of age, if they are women, and 65 years of age, if they are men, and that submit the voluntary waiver to their positions between the date of publication of this Law and 31 March 2015, in accordance with the rules and requirements set out in the following Articles. Article 2.-The voluntary retirement allowance provided for in the previous Article shall be equivalent to one month of taxable remuneration for each year of service in the entities referred to in that Article, with a maximum of 11 months. The remuneration to be used for the calculation of the allowance shall be the average of the monthly taxable remuneration received by officials and officials during the 12 months immediately preceding the end of the duties, updated according to the Consumer Price Index determined by the National Statistics Institute, with a maximum limit of 90 units of promotion. The recognition of discontinuous periods for the calculation of the allowance shall be made only when the official has at least five years of continuous performance in one of the entities affected by the provisions of this law. Article 3.-Officials and officials who have complied or are 60 or 65 years of age, respectively, as referred to in Article 1, between 1 January 2009 and 1 July 2014, may access the withdrawal allowance voluntary when they have, at least, ten years of service in some of the entities affected by this law and postulate the decision to voluntarily resign to their posts until February 28, 2015, indicating the date on which they will leave which may not exceed 31 March 2015 shall be the same. The officials referred to in Article 1 who have completed or are 60 years of age, if they are women, and 65 years of age if they are men, between 2 July 2014 and 30 June 2015, may access the allowances of Article 1 and 5th, provided that they meet the years of service mentioned in the previous paragraph and meet the other requirements to access them. In this case, they may communicate their decision to voluntarily resign from their posts between 1 April and 31 September 2015, by setting the date on which they shall leave the office, which may not exceed 31 March 2016. Notwithstanding the foregoing, if any of the officials referred to in this paragraph shall set their date of resignation before 1 June 2015, they shall report their voluntary resignation until 28 February 2015. Up to a total of 450 beneficiaries will be eligible for this bonus, distributed in 50 quotas for withdrawals to be completed during 2013, 150 quotas for those who are effectively withdrawn during the year 2014 and 250 quotas for those who are eligible for retirement. which are withdrawn until 31 March 2015. Quotas which have not been used for the periods 2013, 2014 and 2015 may be transferred to the following year. If there are more postulants than available quotas, the total number of quotas for the period should be distributed among men and women, according to the proportion of postulants by gender. The selection in each group will give preference to those who are older than 1 January each year. If equality is persisted, a list of the men and women shall be drawn up, sorted alphabetically according to their last names, and the selection for access to the withdrawal allowance shall be made at the same time as the officials and would be listed in first and last place on each list, until the available quotas are supplemented by maintaining proportionality. Female officials and officials who, in compliance with the requirements, are not selected for lack of quotas in the chosen year, will take the list of the next year's selected list, without the need for a new one. within the total time limits and quotas considered by this law. Article 4.-Personnel who do not make use of the benefits granted by this law and do not apply, having the requirements that they establish, will be understood to irrevocably renounce these. Article 5.-Officials and officials who receive the allowance for retirement granted by Article 1, who are affiliated with the Pension System established in Decree Law No. 3,500 of 1980, and who are listed as quoted, as It shall, for a period of at least 10 years, be entitled to receive, for one time, an additional bonus equal to the sum of 395 promotion units to be paid in conjunction with the withdrawal allowance. Article 6.-The value of the unit of promotion to be considered for the calculation of the benefits of this law shall be that in force on the day corresponding to the cessation of duties. These benefits will not be taxable or rent for any legal effect and will therefore not be affected at any discount. They shall also be incompatible with any other homologous benefit originating or originating in a similar causal. In addition, these benefits shall be incompatible with the compensatory benefit provided for in Law No 19,544 and any other benefit received in previous time and, in particular, the benefit for which the time has elapsed since on 1 January 2009 until 30 June 2015. The eviction in force in accordance with the provisions of article 13 of the decree with force of law No. 29, 2004, of the Ministry of Finance, which fixed the consolidated, coordinated and systematized text of the Administrative Statute, does not is included in this incompatibility. Officials and officials who cease their employment by virtue of the provisions of this law may not be appointed or hired as such, or on the basis of fees, in any of the bodies referred to in Article 1 (1) or, in particular, in the general, in any institution that forms the State Administration, during the five years following the end of its employment relationship, unless it has previously returned the entire benefit received, expressed in units of promotion, more the current interest for readjustable operations. Article 7-Facultate the President of the Supreme Court to request the resignation of officials and functionaries who perform positions of plant or contracts assimilated to the steps listed in Article 1, with the exception of the staff of the Primary, provided that before 1 January 2009 they have been 65 years of age, if they are male, and 60 years old, if they are female, without having been taken in accordance with the provisions of Article 2 of the transitional law No 20.286. This power may be applied until 1 July 2014 and, at most, one hundred officials and officials. However, in order to exercise this power in respect of female officials under 65 years of age, consent shall be required. Within ninety days from the date of publication of this law, the Chief Justice will determine the staff to which this faculty will apply, taking into consideration a listing that will be prepared in advance and prepared with consultation of the Associations of Officials. In that determination, the date on which these officials shall leave the service shall be established, in accordance with the quota set out in the first indent of this Article. Officials and officials who are asked to resign in accordance with the right referred to in the first subparagraph shall be entitled to the benefits conferred by Articles 1 and 5, provided that they comply with the requirements of the respective. At the same time, the provisions of Article 6 shall apply to them. Article 8.-Members of the Primary scale who comply with the age conditions laid down in Article 7 may submit the voluntary resignation to their posts up to 1 July 2014 and to perceive the benefits provided by Articles 1 and 5, provided that they meet the conditions required for their perception and do not incur any of the incompatibilities provided for in Article 6. Article 9.-The largest expenditure which represents the implementation of this law during the first financial year of its term financed from the current budget of the Judiciary. However, the Ministry of Finance may supplement this budget in what is lacking, under the heading of the Public Treasury. " And because I have had to approve and sanction it, therefore promulgate and take effect as Law of the Republic. Santiago, 21 November 2013.-SEBASTIÁN PINERA ECHENIQUE, President of the Republic.-Juan Ignacio Pina Rochefort, Minister of Justice (S).-Felipe Larraín Bascunan, Minister of Finance. What I transcribe to Ud., to your knowledge.-Atacently, Gilda Espinoza Ahumada, Deputy Secretary of Justice (S).