Gives Bonus Extraordinary For Lower Income Sectors, Introduces Modifications In The Law Nâ ° 20.259

Original Language Title: OTORGA BONO EXTRAORDINARIO PARA LOS SECTORES DE MENORES INGRESOS, INTRODUCE MODIFICACIONES EN LA LEY N° 20.259

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"Article 1.-granted, only once, an extraordinary bonus to the beneficiaries of family allowances established by law No. 18,020 and beneficiaries of family allowances referred to in article 2 of the decree with force of law N ° 150, 1982, of the Ministry of labour and Social Welfare, and the maternal allocation referred to in article 4 of the decree with force of law" that they receive such allowances have income equal to or less than the maximum limit laid down in article 1 of law No. 18.987. The bonus will be $40,000 for each cause that the beneficiary has accredited as of April 30, 2009. Each deceased will only give right to a bonus, even if the beneficiary has been accepted to various social security schemes and habitually different jobs and even though it may be invoked in such quality for more than one beneficiary. In this last event, is always preferred the recipient mother.
In the situations provided for in subparagraphs second and third article 7 of the Decree Law N ° 150, the beneficiary receiving the bonus referred to in the preceding paragraph shall, within a maximum of 30 days of cash receiving it, to give it to who on April 30, 2009 is receiving cash allocations respective payment. Equal obligation shall respect who has right to food court decreed in favour of the cause of family allowances which give origin to the bonus referred to in this article.
Disputes that may arise on the occasion of the breach of the obligations set forth in the preceding paragraph, will be known by the family courts, which for these purposes may require delivery of the amount total of the bonus, redesigned in accordance to the variation which experience determined by the National Institute of statistics, consumer price index between the previous month to one in which was perceived and which precedes its restitution where according to the preceding paragraph.
Equally, they are entitled to a bonus of $40,000 per family, that of April 30, 2009, are registered in the system of protection Social "Chile Solidario", and are not in the case of article 7 ° of the law N ° 19.949, which, in terms of the amount of the bond, shall be governed by subsection first.
In addition, will be entitled to receive the bonus referred to in this article, who, not being included in any of the situations provided for in the first and fourth subparagraphs preceding have been entitled to receive the bonus established in article 1 of the law Nº 20.326, being applicable provisions of first three subparagraphs of this article. For the purposes of the second paragraph, the beneficiary shall deliver the bond who at 31 December 2008 was receiving cash payment of the respective family allowances. However, will not be generated right to the bonus referred to in this subsection with respect to the beneficiaries or cause who have died after December 31, 2008 and before April 30, 2009, and not to those causes that to the 30 April 2009 are recognized by another beneficiary.
Referral bonus shall not constitute remuneration or income for any legal effect and therefore will not be taxable or taxable and will not be on any discount.
The bond specified in this article will be tax charge and will be paid in a single share in the month of August 2009 by the Social Security Institute. To this effect, the Social Security Institute may conclude direct agreements with one or more banks having a branch network that ensures national coverage.
Yet, for the staff of public institutions of centralized and decentralized, with the exception of those referred to in the fourth subsection of article 32 of the decree with force of law N ° 150, who in his capacity as employers participate in the administration of the system of family allowances, the extraordinary bonus payment be made directly your staff , or where, as provided for in the second paragraph, in accordance with the provisions of the Superintendent of Social Security. The payment will be made together with the remuneration for the month of August 2009, recovering the amounts involved through the same procedure laid down in article 32 of the aforementioned Decree Law N ° 150, in the case of family allowances.
The claim by not granting the bonus referred to in this article, as well as, granted pursuant to article 1 of the law Nº 20.326, will be one year from the publication of this law.
Meanwhile, the deadline for the payment of the bonus referred to in this article shall be six months counted from the issuance of the payment. For the bonus granted pursuant to article 1 of the law Nº 20.326, this period will be calculated from the issuance of the payment or the publication of this law if the emission is a former.
To those who perceive unduly the extraordinary bonus that gives this article, by hiding data or providing false information, administrative sanctions and penalties that may be applicable apply them. In addition, the offender must restore the amounts wrongly received, readjusted in accordance with the variation that experience determined by the National Institute of statistics, consumer price index between the previous month to one in which was perceived and which precedes its restitution.
For the purpose of the proper implementation of the extraordinary bond to which this article refers, the Superintendent of Social Security will have the powers granted in article 26 of the decree with force of law N ° 150 and in article 2 of the law N ° 18.611. In the case of the beneficiaries of the law N ° 19.949 the Ministry of planning will have the powers granted in the Act.