LAW NO. 20.135 GRANTS VOLUNTARY RETIREMENT BONUS TO MUNICIPAL OFFICIALS INDICATING Having present that the H. National Congress has given its approval to the following Bill: Article 1 °.-Set a bonus for voluntary retirement for municipal officials who at the date of publication of this law are 60 years of age or older if they are women or 65 or more years of age if they are men, and within the twelve months from the first day of the month following the publication of the same law, they cease in their positions by way of acceptance of voluntary resignation, in relationship with the respective municipal office. They shall also be entitled to the voluntary retirement allowance, the municipal officials who are in office at the time of publication of this law and who, between that date and 31 December 2007, are 60 years of age if they are women or 65 years of age if they are men, provided that they cease in their positions by way of acceptance of voluntary resignation, in relation to the respective municipal office, within twelve months of compliance with these ages. However, the municipal official who complies with the requirements mentioned in the first or second points, and who after the communication of his voluntary resignation obtain retirement, pension or life income in a pension scheme, maintain the right to the allowance provided for in this law, but shall cease to be in office on the date of obtaining such retirement, pension or life income, provided that that is before the date laid down in his voluntary resignation from the post. municipal. Article 2.-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. 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. 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 termination of the official's duties, updated according to the price index. The consumer is 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 3.-The payment of the bonuses shall be made immediately after the cessation of the functions of the municipal official, either by application of the causal link provided for in point (a) or in point (b) of Article 144 of Law No 18,883, as appropriate. Municipal officials who cease their duties as referred to in the preceding paragraph and who receive the voluntary withdrawal bonus from the previous article may not be appointed or hired, either for hire or for fees, in the same municipality, for the five years following the end of their employment relationship, unless they give back the full benefit received, expressed in promotion units, plus the current interest for readjustable transactions. Article 4 °.-The municipalities which are exceeded in the restriction of the maximum expenditure on staff, provided for in Article 1 of Law No 18.294 and in Article 67 of Law No 18,382, and those which are exceeded by virtue of this Law, be obliged to comply with that restriction by reason of the expenditure incurred in respect of the payment of the benefit laid down in Article 1 (3) of this Law, but may not increase the margin of excess. Article 5 °.-The greatest expense for the payment of the bonuses referred to in this law will be of municipal charge. Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 13 November 2006.-MICHELLE BACHELET, President of the Republic.-Belisario Velasco Baraona, Minister of the Interior.-Andres Velasco Branes, Minister of Finance. What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Claudia Serrano Madrid, Assistant Secretary for Regional and Administrative Development. Constitutional Court Bill granting voluntary retirement bonus to Municipal Officials indicating, Bulletin No. 4064-05 The Secretary 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 that this Tribunal would exercise the control of constitutionality and that by sentence of thirty-one of October 2006 in the cars Role No. 633-2006, declared: That the Article 2 of the draft submitted is constitutional. Santiago, November 3, 2006.-Rafael Larraín Cruz, Secretary.