Advanced Search

AMEND LAW Nº 19,754, ALLOWING THE INCORPORATION OF THE STAFF OF THE MUNICIPAL HEALTH ESTABLISHMENTS TO THE WELFARE BENEFITS AND AUTHORIZING THE CONSTITUTION OF WELFARE SERVICES SEPARATED BY AN ADMINISTRATIVE ENTITY

Original Language Title: MODIFICA LEY Nº 19.754, PERMITIENDO LA INCORPORACIÓN DEL PERSONAL DE LOS ESTABLECIMIENTOS MUNICIPALES DE SALUD A LAS PRESTACIONES DE BIENESTAR Y AUTORIZANDO LA CONSTITUCIÓN DE SERVICIOS DE BIENESTAR SEPARADOS POR ENTIDAD ADMINISTRADORA

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LAW NO. 20,647 AMENDS LAW NO. 19,754, ALLOWING THE INCORPORATION OF THE STAFF OF THE MUNICIPAL HEALTH ESTABLISHMENTS TO THE WELFARE BENEFITS AND AUTHORIZING THE ESTABLISHMENT OF WELFARE SERVICES SEPARATED BY ADMINISTRATIVE ENTITY Bearing in mind that the National Congress has given its approval to the following bill, Bill of Law: " Single article.-Enter the following amendments in Law No. 19,754, which authorizes the municipalities to grant welfare benefits to your officials: 1) The following amendments are incorporated in Article 1: (a) In the first subparagraph: i. Delete expressions "or by law No 19.378," and "health,". ii. Add, following the word "education", the phrase ", to the staff governed by Law No. 19.378". (b) In the second subparagraph, delete the term "health and". (c) Add the following third, fourth and fifth points: " Each administrative entity governed by Law No 19.378 may also constitute a system of welfare benefits for workers belonging to that entity, by virtue of their own rules of law in accordance with Article 2, and applying in all other respects the rules of this body, unless otherwise stated. If separate welfare benefits systems are established for an administrative entity governed by Law No. 19.378, the municipal contribution must be equal to that granted to the welfare benefits system in force in the municipality. However, the benefits provided for in the Regulation should be strictly adjusted to the budgetary resources of each of the systems in an independent manner. Welfare services constituted under this law may conclude agreements with each other in order to grant certain benefits or social welfare activities which, individually, cannot provide or are more onerous; However, they may not transfer between them the contributions they make from the members of each system and each municipality. " 2) Intercalase in Article 10 the following third indent, passing the current third subparagraph to be fourth, and thus " In the case of welfare services constituted separately by a Administrative entity governed by law No 19.378, the representatives proposed by the mayor shall incorporate personnel of that entity. In respect of the other half of the members of the Committee, they shall be representatives of the officials or associations of officials existing within the managing body or, if they do not exist, shall be elected by all the officials attached to it. Welfare service, in accordance with the preceding paragraph and the regulation. "3) Add in Article 11, following the expression" the municipality ", the sentence" or the administrative entity of primary health care, as appropriate, ". TRANSITIONAL ARTICLES Article 1.-Staff governed by Law No 19.378, which, in accordance with the provisions of the single article of this Law, is authorized to join the municipal welfare systems, may do so to count on the first day of the month following that of their publication, without prejudice to the fact that they may submit their application for membership from the date of publication of this legal body. A tax contribution shall be granted for each worker who is incorporated as an active member in the terms of the preceding paragraph, subject to the following rules: a) The total amount of the tax contribution will be of two monthly tax units (UTM) per year, for the first 24 months, provided that the affiliation occurs to the first day of the month following the publication of this law and that the worker (b) The municipalities may require the corresponding tax contribution only in respect of those workers who join the municipal welfare system in accordance with this legal amendment, and (c) by the affiliations carried out in the months after the date referred to in (a), the The municipality shall receive the tax contribution referred to in that letter in proportion to the number of months remaining to complete the first 24 months, counted from the first day of the month following the publication of this law. Article 2.-To constitute an exclusive welfare service in a municipal health administrative entity in accordance with this law, the same shall be done in the same way as the provisions of the previous article; however, the period indicated in its (a) shall be counted from the establishment of the same. In any event, the tax contribution in no case may be granted beyond 31 December 2014 and for its determination shall be considered as the months of effective affiliation, taking in proportion to the maximum of 24 months. Article 3.-If the municipality receives the tax contribution by a worker who subsequently exercises his/her choice of change between the municipal welfare services and those created separately by the administrative entities, to allocate the balance of the tax contribution corresponding to that worker to the new affiliation entity. Article 4.-The contribution to be made by the municipalities, in accordance with Article 3 of Law No 19,754, for the financing of the social welfare activities of the new members, may not be less than 0.5 tax units monthly (UTM) per member per year, for the first 24 months counted according to the rules laid down in the first and second transitional articles, as applicable, for each worker incorporated. Article 5.-By resolution of the Secretariat for Regional and Administrative Development of the Ministry of Interior and Public Security, which is endorsed by the Directorate of Budgets, the procedures, modalities and deadlines for the accreditation of the affiliation, modality and periodicity with which the resources and other rules for the implementation of this law will be delivered. Article 6.-The largest fiscal expenditure that represents the implementation of this law during this year will be financed from the budget of the Ministry of the Interior and Public Security. 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, December 26, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Jaime Manalich Muxi, Minister of Health.-Andres Chadwick Piñera, Minister of the Interior and Public Security.-Felipe Larraín Bascunan, Minister of Finance. Transcribed for his knowledge law No. 20647/2012.- Salutes attentively to Ud., Jorge Díaz Anaiz, Deputy Secretary of Public Health.