LAW NÚM. 19,953 GRANTS EXTRAORDINARY BONUS AND PRE-VIEWING BENEFITS TO PEOPLE WHO POINT OUT, MODIFYING DL No. 869 OF 1975 AND LAW 19.454 Having present that the H. National Congress has given its approval to the following Bill: " Article 1. To count on September 1, 2004, the amount of widowhood pensions established in the pension schemes administered by the Institute for Retirement Standards and those governed by Law No 16,744, may not be lower than the Fifty-five per cent of the pension of the deceased or of which he would have been entitled to receive, excluding those in which there are children of the deceased orphan's pension holder. For this purpose, adjustments to such pensions should be made as appropriate. As from 1 September 2005, the amount of the pensions referred to in the preceding subparagraph shall not be less than 60% of the pension of the deceased or of which he would have been entitled to the pension, and who fulfil the same requirements set out in the preceding paragraph. In the case of the dates indicated in the preceding paragraphs, the pensions granted under Article 24 of Law No 15.386 shall be increased if there are no children of the deceased orphan's pension holder, in proportion to the new amount of the A pension for widowhood. In addition, as from 1 September 2004, the pension referred to in Article 45 of Law No 16,744, where there are no children of the person causing orphan's pension, shall be equivalent to 33% of the basic pension which would have been the deceased person if he or she has been totally invalidated or the basic pension which he or she is receiving at the time of death. This percentage shall be 36% as from 1 September 2005. The increases referred to in the preceding paragraphs shall be applicable to the benefits currently in force or to be granted in the future. Pension holders who have previously been mentioned, where there are orphan pension holders, shall be entitled, in any event, to the increases referred to in the preceding subparagraphs of the first day of the month following that in which they are entitled. extinga the entire orphan's pension. The holders of the pensions referred to above, who are receiving or receiving some of the bonuses provided for in laws No 19.403 and Nº 19.539, shall cease to receive such bonuses in the amount of the amount equivalent to the increase experienced by the respective pension as indicated in the previous incits. Article 2.-Concedese, for one time, an extraordinary bonus of $10,000 to the pensioners of the Institute of Precautionary Standardisation, of the forecast and law cases No. 16,744, who are receiving minimum pensions established in the Articles 24, 26 and 27 of Law No. 15.386 and Article 39 of Law No. 10,662; to the pensioners of the system established in Decree Law No. 3,500 of 1980, who are receiving minimum pensions with State guarantee under Title VII of that legal body, and to the beneficiaries of welfare pensions of Decree Law No. 869, 1975. Without prejudice to the foregoing, orphan pension holders shall be entitled to the said bonus only if there is no entitlement to a widowhood pension entitled to it, in which case it shall be distributed equally between those persons. The rules contained in this paragraph, in the event which does not exist in the holder of Articles 24 of Law No 15.386 and 45 of Law No 16,744, shall also apply in respect of orphan pension holders who have the quality of children of Non-marital affiliation. They will also be entitled to the bonus set out in this article widowhood pension holders and articles 24 of Law No. 15.386 and 45 of Law No. 16,744, whose amounts to the first day of the month in which the publication of this law is made, are above those of the respective minimum pensions and who are receiving bonuses of laws No. 19,403 and No. 19,539. The bonus referred to in the preceding points shall be paid the month following the publication of this law, to all pensioners who have one of the qualities indicated on the first day of the month in which the publication is made. This bonus will be a tax charge, will not constitute remuneration or income for any legal effect and, consequently, will not be taxable or taxable and will not be affected at any discount. The payment of this bonus will be made by the agencies and institutions to whom the respective pensions are payable. The special bonus referred to in the first indent will also be granted to the families registered under the "Bridge between the Family and their Rights" program of the Solidarity and Social Investment Fund, which on 31 May 2004 received the " Aporte Solidarity " of such a program, provided that no member of the family receives minimum pensions from those laid down in Articles 26 and 27 of Law No. 15,386, minimum pensions with state guarantee under Title VII of Decree Law No. 3,500, of 1980, and welfare pensions of Decree Law No. 869 of 1975. The bonus will be paid by the Institute of Normative Standardisation to the member of these families who receives the "Solidarity Contribution" on the same date as stated in the previous paragraph. To those who mischievously perceive the bonus granted by this article, the administrative and penal sanctions that may be applicable to them will apply. Article 3.-Set at $86,079, to be counted from September 1, 2004, and at $89,921, to count from September 1, 2005, the amount of minimum pensions referred to in the first and second points of Article 26 and old age pensions and Article 27, both of Law No. 15.386, is invalid for those pensioners who are 75 years of age or older. Article 4.-Set at $41.405, to count from September 1, 2004, and in $44,960, to count from September 1, 2005, the amount of the care pensions of decree law No. 869, of 1975, for those pensioners who to the dates indicated are 75 years of age or older. Article 5.-Set at $39.484, to be counted from September 1, 2004, and at $41,119, to be counted from September 1, 2005, the amount of the care pensions of decree law No. 869, of 1975, for those pensioners who to the indicated dates are 70 or older but less than 75 years of age. Article 6.-The beneficiaries of the pensions referred to in Articles 3, 4 and 5 of this Law, who are 70 or 75 years of age after the dates specified in those articles, as appropriate, shall be entitled to the respective pensions, in their duly adjusted amounts, to be counted on the first day of the month following the month in which they comply with the corresponding age. Article 7-The beneficiaries of widowhood pension schemes other than that of Decree Law No 3,500 of 1980, where there are no children of the deceased orphan pension holders, who are 75 or more years of age as at 1 September 2004, whose amounts to that date are equal to or greater than that of the respective minimum pensions, but less than the minimum old-age and invalidity pension of Article 26 of that law, they shall be entitled to the date indicated for a monthly allowance equivalent to the difference between the amount of your pension plus the respective bonuses of the laws No. 19,403 and Nº 19,539 which receive and the amount of the minimum old-age and invalidity pension for over 75 years, provided that they meet the minimum pension requirements. In the event that the beneficiaries have children with orphan pensions, the allowance will amount to the difference between the pension which is paid the most by the allowances of laws No 19,403 and No 19,539, and 85% of the minimum pension old age and invalidity for pensioners aged 75 or over. For the same benefit, the pension holders of Article 24 of Law No 15.386 and Article 45 of Law No 16,744 shall have the right, in the proportion corresponding to them. Those beneficiaries who are 75 years of age after 1 September 2004 shall be entitled to the same allowance from the first day of the month following that in which they comply with that age. Those who obtain some of the pensions referred to in the first subparagraph after 1 September 2004 shall be entitled to the above mentioned bonuses in the above terms. Article 8.-The beneficiaries of survivors ' pensions who have the quality of surviving spouses or mothers of the children of non-marital affiliation of the deceased, who have received some of the procedures referred to in Article 61 of the decree law Nº3,500, 1980, which are in the situations provided for in the previous article, shall be entitled to the same bonuses as laid down in that precept, provided that they comply with the requirements to access the state guarantee of minimum pension. Article 9.-Substitute the second, third, fourth and fifth points of Article 8 of Decree Law No. 869, 1975, for the following: " In the month of December of each year, by decree of the Ministry of Labor and Social Welfare, with the Signature of the Ministers of Finance and the Interior, and under the formula "By order of the President of the Republic", the maximum monthly number of new pensions to be granted in the country during the financial year will be fixed, which must be a constant quantity. Only new benefits can be granted in the months of February to November, both inclusive. The distribution between the regions of the maximum number of new pensions to be granted, will be carried out monthly, by decree of the Ministry of Labor and Social Welfare, with the signature of the Ministers of Finance and the Interior, and under the formula ' For orde "The President of the Republic". The distribution referred to in the preceding paragraph shall be made on the basis of the waiting lists and the scores of the applicants, in force in the month preceding the month to which the distribution corresponds. " Article 10.-Enter the following amendments to Article 6 of Law No 19.454: 1) First, the sentence: "excluding those of Survival". 2) Add to the final paragraph, after the separate point (.), that now it is to be followed, the following: "Likewise, the acts that proceed in favor of other pensioners of survival, shall be earned to count of the first day of the month following that of the death of the pensioner that will cause them." Article 11.-The benefits referred to in Articles 1, 3, 6, 7 and 10, in relation to the insurance of Law No 16,744, shall be financed from that insurance. The largest expenditure representing the implementation of this law, during the year 2004, will be financed by transfers from item 50-01-03-25-33.104 of the Budget Item Public Treasury of the Budget Law of that year. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the law of the Republic. Santiago, 22 June 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-Nicolas Eyzaguirre Guzmán, Minister of Finance.-Ricardo Solari Saavedra, Minister of Labour and Social Welfare. What I transcribe to Ud., for your knowledge.-Salutes intently to Ud., Maria Eugenia Wagner Brizzi, Undersecretary of Finance.