LAW NO. 20,387 OPTIONAL VOLUNTARY RETIREMENT BONUS RENEWAL CREATED BY LAW N ° 20.135, AND CREATES ADDITIONAL BONUS FOR MUNICIPAL OFFICIALS INDICATING Having present that the H. National Congress has given its approval to the following Bill of Law: " Article 1.-Facultate to municipalities to renew, up to a total of 3,400 quotas, the voluntary retirement allowance established in law No. 20.135, for municipal officials governed by Title II of the decree law No. 3,551, of 1980, and by Law No. 18,883, which sets the Administrative Staff Regulations of Officials Municipal, which between 1 January 2009 and 31 December 2010, both dates inclusive, have or are 65 or more years of age, if they are men, and 60 or more years of age if they are women, and to cease in their positions by acceptance of their resignation on a voluntary basis, within the time limits referred to in Article 3 of this Law. The ages required for the purpose of the allowance referred to in the preceding subparagraph may be reduced in the cases and situations referred to in Article 68a of Decree-Law No 3,500 of 1980 for the same grounds, 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 penalize for old age, in any pension system, for the performance of tasks qualified as heavy and with respect to of which the quotation of Article 17a of Decree Law No 3,500 of 1980, or certificate of early recovery of the recognition voucher has been made for having carried out heavy work during the membership of the former system under the Article 12, third indent of this same decree law, as appropriate. 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 2009 and 31 December 2010, both dates including the pension invalidity as laid down in 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 department of personnel or the unit carrying out those tasks in the respective municipality shall carry out the verification of the requirements for access to the withdrawal bonus within the period of 15 days from the date of submission of the application to the benefit. In the case of officials referred to in the fourth indent of the preceding Article, the application to impose the benefit shall be submitted to the mayor of the municipality in which he has ceased to be in office, within the time limits and conditions laid down for point out in the following article. In the course of the first year of validity of this law, only the bonus can be granted up to a maximum of 1,600 quotas. The remaining quotas as well as those which have not been used during that period may be granted in the second year of validity of this law. The amount, basis of calculation, supplement, characteristics, requirements, restrictions, procedures and procedures provided for in Law No 20.135 shall apply, as far as they are concerned, for the granting of the allowance referred to in this Article. Article. Article 3.-The bonus referred to in Article 1 shall be granted only to the extent that the staff who meet the requirements to access it effectively give up their voluntary resignation to the office or the total number of hours it serves, within 120 days following the age of compliance referred to in the first subparagraph of that Article. However, in the case of women, they may be able to provide the benefit of women from the age of 60 and up to 120 days after they are 65 years of age, provided that these ages are met by 31 December 2010 at the latest. For those who, at the date of publication of the regulation referred to in the following Article, are 65 or more years of age, the period of 120 days shall be computed from that publication. The official who does not cease his position within the periods mentioned above shall be deemed to have irrevocably waived the benefit. Article 4 °.-A regulation issued through the Ministry of the Interior, which shall also be signed by the Minister of Finance, shall establish the procedure and modalities for the granting of the allowance, as well as the rules of precedence of the municipalities to access the advances referred to in the transitional third article of this law and, in general, any other rule necessary for the correct application of the grant of the bonus referred to in the articles previous. Article 5.-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 equal to the sum of 527 Fomento Units in the the case of beneficiaries belonging to, or belonging to, the plants of professionals, managers and managers and of 395 Promotion Units, for the beneficiaries belonging to or belonging to the technical, administrative and technical aids. For these purposes, the Development Unit will be taken to the date of payment of the benefit. The amounts referred to in the preceding paragraph are for days of forty-four hours per week, calculated in proportion to the working day for which each worker is employed if the latter is lower. However, the maximum number of hours per week for calculating the value of the additional allowance shall be 40 and four, and the staff employed by a senior working day or performing duties in more than one municipality with a working day to that maximum, it shall be entitled only to an additional allowance corresponding to the periods of 40 and four hours per week. This additional bonus shall be a tax charge and shall be paid in conjunction with the allowance referred to in the preceding Articles, where applicable. It shall not be taxable and shall not constitute an income for any legal effect and shall therefore not be affected at any discount. Also, municipal officials who have received the voluntary retirement allowance provided for in law No. 20.135 will be entitled to this additional bonus. The officials referred to in the preceding paragraph, in order to access the additional bonus of this Article, shall submit their applications to the mayor of the municipality in which they have ceased to be in office, from the first day of the following month to the publication of this law until 31 December 2010. However, if such officials do not submit applications for access to the allowance within the time limit, they shall be deemed to give up irrevocably to that benefit. In respect of these officials, the allowance shall be payable and shall pay the following month to the total processing of the administrative act which grants it. They may also access the bonus referred to in this Article, up to a total of 150 quotas, the officials who, running for the benefit referred to in Article 1 of this Law, do not access to him for lack of quotas, having Similarly, no duties are given In order to access the bonus, the officials referred to in the foregoing paragraph shall submit their application to the mayor of the municipality in which they have ceased to be in office, between 2 and 31 January 2011, showing that the In time and form the benefit referred to in article 1 of this law without being able to access it for lack of quotas. In respect of these officials, the allowance shall be payable and shall pay the following month to the total processing of the administrative act which grants it. In order to verify the requirements referred to in the preceding paragraph, the respective municipality shall, within a period of not more than five working days, forward the payroll to the Deputy Secretary for Regional Development, who shall determine the the availability of quotas according to the maximum amount shown in the seventh indent of this Article. Article 6.-The allowance referred to in Article 1 of this Law and the additional allowance 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 the official, with the sole exception of the benefit referred to in Law No 20.305 and of the eviction referred to in Article 13 of the transitional law of Law No 18,883, shall correspond to the official who is currently applicable. TRANSITIONAL PROVISIONS Article 1.-The largest expenditure representing the application of Article 1 of this Act shall be municipal. The additional bonus referred to in Article 5 of this Act shall be for tax purposes. For the purpose of this financing, the Fisco will contribute to the municipalities, during the first year of this law, the sum of 21 billion pesos. In the second year of validity, this contribution will amount to the sum of 17 billion pesos. The Secretariat for Regional and Administrative Development of the Ministry of the Interior, by resolution, which will also be endorsed by the Budget Directorate of the Ministry of Finance, (a) the amounts to be allocated to each municipality in that distribution, taking into account the actual cost of the persons benefiting from the additional bonus provided for in Article 5 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 municipalities may only allocate the funds transferred under this Article to the payment of the additional bonus referred to in Article 5 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 2-The time limit laid down in the first transitional article of Law No 20.305 for the purpose of imposing the benefit referred to in that rule, exceptionally, for staff who are entitled to access the allowances to which they relate Articles 1 and 5 of this Law shall be counted from the entry into force of this law. Article 3.-For the duration of Article 1 of this Law and in order to pay the allowance provided for in Article 8 of Law No 20.198 to the municipalities for the purpose of applying for advances from the participation of the municipalities in the Municipal Fund. Without prejudice to the provisions of the conventions to be concluded under the power referred to in the preceding subparagraph, the number of monthly instalments in respect of which the advance payment shall be returned shall not be less than 40 and eight. However, the municipalities may request the Subsecretariat for Regional and Administrative Development that the return of such advance may be effected within a period of less than that indicated. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 22 October 2009.-MICHELLE BACHELET, President of the Republic.-Edmundo Pérez Yoma, Minister of the Interior.-Andres Velasco Branes, Minister of Finance. What I transcribe to you for your knowledge.-Salute atte. Mr Mahmud Aleuy Peña and Mr Lillo, Under-Secretary for Regional and Administrative Development.