LAW NO. 20,649 GRANTS MUNICIPAL OFFICIALS A VOLUNTARY RETIREMENT ALLOWANCE AND AN ADDITIONAL BONUS. The National Congress has given its approval to the following Bill: " Article 1.- A voluntary retirement allowance, with the conditions below, is established for municipal officials governed by Title II of Decree Law No. 3,551 of 1980 and Law No. 18,883, which establishes the Administrative Statute. of the Municipal Officials, which in the period from 1 January 2011 to 30 June of the year 2014, both dates inclusive, are 60 years of age if they are women or 65 years of age if they are men, and cease in their charges for acceptance of voluntary resignation, in relation to the respective municipal office, in the deadlines to which the by 31 March 2015 at the latest and by 31 March 2015 at the latest. The ages required for the purpose of the allowance referred to in the preceding paragraph may be reduced in the cases and situations referred to in Article 68a of Decree Law No 3,500 of 1980, for the same reasons, procedure and time computable. The officials who take part in the foregoing paragraph must accompany a certificate issued by the Social Welfare Institute or the Pension Fund Administrator, as appropriate, to accredit the situation identified in the Article 68a of Decree Law No. 3,500 of 1980. The certificate must indicate that the official complies with the requirements necessary to obtain a reduction of the legal age to be penalized for old age, in any pension system, for the performance of tasks qualified as heavy and in respect of which the quotation of Article 17a of Decree Law No 3,500 of 1980 has been made, or certificate of early recovery of the recognition bonus for having carried out heavy work during the membership of the former system in accordance with the third paragraph of Article 12 of this same law, according to corresponds. They may also access the bonus referred to in the first subparagraph of this Article, the municipal officials they obtain or have obtained, between 1 January 2011 and 31 March 2015, both dates inclusive, invalidity established by Decree Law No 3,500 of 1980, or who have ceased or ceased their duties on the basis of a declaration of health care which is irrecoverable or incompatible with the performance of the post, provided that they have, in that period, complied with or complied with the ages required by the first paragraph of this article to impetate the benefit. Article 2.-The allowance provided for in the previous Article may be granted up to a total of 2,550 beneficiaries, in accordance with the annual quotas and detailed rules set out in the following points. For the year 2013 the bonus may be granted for a maximum of 1,600 quotas. Those who meet the age required by Article 1 between 1 January and 31 December 2013, will be eligible for the benefit, running during the first quarter of that year, in order to voluntarily leave the post until 31 December 2013. December 2014. In 2014, the bonus shall be granted for a maximum of 950 quotas and may be applied by staff who meet the age requirements laid down in the first paragraph of Article 1 between 1 January and 30 June 2014. For these purposes, they must submit their application during the first quarter of 2014 and make their voluntary resignation effective until 31 March 2015. However, officials will be able to defer their decision to apply for the voluntary withdrawal bonus and to participate in any of the periods of application from the respective year's quotas and to be selected. his resignation until March 31 of the following year. The functionaries referred to in the previous paragraph that are not selected for lack of quotas, will pass on to integrate the list of selected of the process corresponding to the next year, without the need to carry out a new one. postulation. The same rule applies to officials who are not selected in their respective bid period. After the end of the period of application, the beneficiaries of the quotas for one year will be determined on the basis of the merit of the records, by means of a resolution of the Regional and Administrative Development Secretariat, which is endorsed by the Directorate of Budgets of the Ministry of Finance. If there is a greater number of postulates than quotas available in one year, the total number of quotas should be distributed among men and women in proportion to the number of postulates of each gender. The selection in each group will give preference to those of higher age and lower income at 1 January of each year. If there is a tie, then the one or the other with the longest service will be selected in the municipality in which it is performed and then in the municipal administration. If equality is to be continued, a list of the members shall be drawn up by alphabetical order according to their names and shall be selected, with the proportionality set out above, on the basis of the official and They will work in the first and last place on each list, until the available quotas are completed. Quotas for one year may be increased with quotas which have not been used in the previous year. Article 3.-The municipal staff referred to in the first paragraph of Article 1, who has been 65 years of age, the men and 60 years of age, the women, between 1 January 2011 and 31 December 2012, may apply in the process for the year 2013. For the above, the application must be submitted within the first quarter of 2013, and the voluntary withdrawal must be made effective until the first quarter of 2014. For their part, the officials may choose to benefit from the right granted to them by the fifth indent of the previous article. Article 4.-Staff who comply with the requirements laid down by this law do not apply for the periods indicated and consequently do not make use of the benefits granted, it is understood that they irrevocably renounce these. Article 5.-The voluntary retirement allowance shall be the equivalent of one month's remuneration for each year of service or fraction exceeding six months provided by the official in the municipal administration, with a maximum of six months. Discontinuous periods shall be recognised as long as they are longer than one year, or at least one year is more than 5 years. Without prejudice to the foregoing paragraph, the Mayor, after agreement of the Municipal Council, may grant to the officials beneficiaries of the bonus referred to in the preceding paragraph, under the conditions and within the period a supplementary retirement allowance, which in conjunction with the one set out in the previous subparagraph, may not exceed the years of service provided in the municipal administration, nor be more than 11 months ' bonus. The Mayor and the Council will not be able to agree on additional retirement bonuses for some officials, excluding others, as well as not differentiated among them. The remuneration to be used as a basis for the calculation of the allowances shall be the average of the monthly remuneration of the last 12 months immediately preceding the cessation of duties, updated according to the consumer price index. determined by the National Statistics Institute. The bonuses set out in the preceding paragraphs shall not be taxable or shall constitute income for any legal effect and shall be of municipal charge. Article 6.-The payment of the bonuses shall be made immediately after the termination of the duties, either by application of the causal link provided for in points (a) or (b) of Article 144 of Law No 18,883, as appropriate. Article 7.-Municipal officials, to whom the allowance referred to in the preceding Articles is granted, shall be entitled to receive, for one time, an additional bonus equivalent to 395 units of promotion, provided that the the date of application of the withdrawal allowance has a minimum of ten years of continuous or discontinuous services provided in the municipal administration, in the terms of the first paragraph of Article 5. For these purposes, the value of the promotion unit in force on the 20th day of the month immediately preceding that of the payment. The amount referred to in the preceding paragraph corresponds to a day of forty-four hours a week; and if this is lower, it shall be calculated in proportion to the working day for which the worker is employed. If, for any condition, the day is greater or in more than one municipality with days whose sum is higher than that maximum, it shall be entitled only to the additional allowance corresponding to the four hours per week. This additional bonus will not be taxable or income for any legal effect and will therefore not be affected at any discount, will be a tax charge and will be paid immediately to the resources, in accordance with the procedure that provides for Article 11. Article 8.-Both the bonus referred to in Article 1 of this Law and the additional one referred to in the previous article shall be incompatible with any compensation which, by way of termination of the employment relationship or termination of office may correspond to the official, with the sole exception of the benefit referred to in Law No 20.305 and the eviction referred to in Article 13 of the transitional law of Law No 18,883, in respect of those who are currently lickable. Article 9.-Officials who cease their employment by virtue of the provisions of this law may not be appointed or hired to be assimilated to a degree or on the basis of fees in public health establishments, municipalities, corporations or administrative entities, or municipalities, and in general, in any institution that forms the administration of the State, during the five years following the end of their employment relationship; unless they have previously returned the entire perceived benefit, expressed in promotion units, plus the current interest for readjustable operations. Article 10.-The greatest expense that the application of article 1 of this law represents will be of municipal office. To this end, the Office of the Treasury will be empowered to make advances from the Municipal Common Fund for the duration of this law, in order to provide them with the payment of the bonus for the withdrawal established by Article 1, in accordance with the following rules: (a) The municipality concerned must conclude an agreement with the Regional and Administrative Development Sub-Secretariat of the Ministry of the Interior and Public Security, which must be endorsed by the Budgets of the Ministry of Finance. The agreement shall agree on the amounts to be anticipated and the conditions under which such advances will be deducted from future shares of the Municipal Fund or the amounts corresponding to them for the collection of the territorial tax; of the Treasury, representing the Chilean Fishery, will execute as many operations as are necessary to make the advances and discounts mentioned above, in accordance with the conditions laid down in the agreement; This will be subject to all the legal regulations governing the municipalities, in Article 65 of the decree with force of law No. 1, 2006, of the Ministry of the Interior, which fixes the recast, coordinated and systematized text of Law No. 18,695; d) The resources that are anticipated to the municipalities under this law The agreement shall be applied immediately and in total to the payment of the allowance provided for in this law to officials who have accepted voluntary withdrawal in accordance with this law, and (e) the non-payment of the advance of the Fund Municipal common to be carried out to the municipalities in accordance with the provisions of this article, will be Subject to the penalties laid down in Article 233 of the Criminal Code, and shall terminate the full right of the agreement concluded in accordance with this Article. Article 11.-The additional bonus referred to in Article 7 of this Law shall be a tax charge. The Secretariat for Regional and Administrative Development of the Ministry of the Interior and Public Security, by resolution, which will also be endorsed by the Budget Directorate of the Ministry of Finance, will determine the amounts that each municipality corresponds to, considering the actual cost of the persons benefiting from the additional bonus provided for in Article 7 of this Law. For these purposes, the municipalities must certify, by means of certification by the respective municipal secretaries, the total number of officials who receive the bonus and the cost of the benefit. The Secretariat shall have the form, means and content of the applications and the records required for the payment of the bonuses. The municipalities may only allocate the funds transferred under this article to the payment of the additional bonus referred to in Article 7 of this Law. The non-destination of the funds transferred to the purposes referred to in the preceding paragraph shall be sanctioned according to the scale of penalties laid down in Article 233 of the Criminal Code. Article 12.-Municipalities that are exceeded in the restriction of the maximum expenditure on staff, as provided for in Article 1 of Law No. 18.294 and in Article 67 of Law No. 18,382, and those that are exceeded by virtue of this Law, be obliged to comply with that restriction on the basis of the expenditure incurred by the payment of the bonuses provided for in this law, but may not increase the margin of excess. Article 13.-The staff who postulate during the years 2012, 2013 and 2014 to the bonus provided by article 1 of this law in accordance with the requirements laid down in that article, including women in accordance with the granted faculty by the fifth paragraph of Article 2, you shall be entitled to submit the application to access the bond established by law No 20.305, together with the application for the bonus provided for in this law. For this purpose, the periods and ages of this legal body shall be considered, not applicable in their respect to the 12-month periods specified in Articles 2, 5, and 3 of Law No 20.305. Article 14.-Officials and officials who, as at 31 December 2010, have already met the age requirements laid down in Article 1, may exceptionally apply for the voluntary withdrawal bonus and additional bonus for the Articles 1 and 7, complying with the same requirements laid down in this law. To this end, they may participate in any of the periods of application laid down in Article 2, and if they are selected, they must make their resignation effective within 90 days of the publication of the resolution that they are grant the benefit. For these purposes, they will be considered up to a total of 200 quotas distributed with a maximum of 100 quotas for the year 2013 and with a maximum of 100 quotas for the year 2014. If there is a higher number of postulates available, priority will be given to the officials and officials with the greatest service time in the municipality and in the municipal administration suffering from serious, chronic or serious illnesses. terminals that prevent the performance of the function in a continuous manner; then, those of higher age and years of service; then, those who follow them with greater age and with lower income. If equality is to be persisted, the methodology referred to in the sixth paragraph of Article 2 for tie cases shall apply. Article 15.-The highest fiscal expenditure representing the implementation of this law during this year will be financed from the Ministry of Interior and Public Security Budget. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading of the Treasury, may supplement that budget in the portion of the expenditure that cannot be financed from these resources. Transitional Article.-The persons referred to in Article 3, who have access to the benefits of this law, whose periods to apply to the so-called post-employment bond established by Law No 20.305 are defeated, shall have the right to submit the application to the said bonus, together with the application to the bonus that establishes this law. For this purpose, the periods and ages laid down in this Law shall be considered, not being applicable in respect of the 12-month periods specified in Articles 2, 5, and 3 of Law No 20.305. " Having complied with the provisions of Article 93 (1) of the Political Constitution, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, December 28, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Andres Chadwick Piñera, Minister of the Interior and Public Security.-Julio Dittborn Cordua, Minister of Finance (S). What I transcribe to you for your knowledge.-Atently, Claudia Alemparte Rodríguez, Undersecretary of the Interior (S). Constitutional Court Bill granting municipal officials that it indicates a voluntary retirement bonus and an additional bonus. (Bulletin No. 8264-06). The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality. in respect of the rules governing matters of the constitutional organic law which it contains, and that by judgment of 11 December 2012 in the cars Role No 2.355-12-CPR. It is resolved: that the second paragraph of article 5 of the draft law referred to is organic and constitutional. Santiago, December 12, 2012.-Marta de la Fuente Olguin, Secretaría.