Modifies The D.l. Nº 1.757, From 1977, Establishing Benefits For The Members Of The Fire Brigades

Original Language Title: MODIFICA EL D.L. Nº 1.757, DE 1977, ESTABLECIENDO BENEFICIOS A FAVOR DE LOS MIEMBROS DE LOS CUERPOS DE BOMBEROS

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en el decreto ley Nº 1.757, de 1977: I.-En el artículo 1º: 1) replace the second paragraph by the following:"the circumstances in fact referred to in the preceding subparagraph shall be certified by Carabineros de Chile. " The nature of the produced incapacity and contracted disease, as appropriate, will be tested and certified by the Committee on preventive medicine and disability of the health service of the administrative territory in which occurs the accident or event that host the claimed benefit. The certification must contain and determine the nature of the produced incapacity or disease contracted, qualifying as a temporary or permanent disability and determining, in each case, the degree or percentage of physical or intellectual disability that affects the injured or sick. Without limiting the foregoing, and as previously designated certification occurs, to obtain the benefits afforded by this Decree Law for temporary disability simply a certificate issued by the attending physician. "."

((((2) replacements letters to), b), c) of the third subparagraph by the following: 'a) free comprehensive medical care, including hospital and surgical attentions of the injured or sick, until its final high.

(b) a subsidy equal to the average of the three pay monthly of the injured or sick, corresponding to the three months preceding the accident or illness, up to the amount of eight minimum monthly income, duration of the temporary disability and up to two years. For workers or freelancers, the subsidy will be equal to income average of the three months preceding the accident or illness, accredited by declaration sworn by the interested party, not exceeding, in any case, eight monthly minimum income, or less than one. In the event that the injured or sick person is lost or prove to be a student of media, technical, specialized or higher education, this subsidy will be equal to a minimum monthly income.

For collecting the subsidy of temporary disability referred to in this letter, the injured or ill should be effectively unable to perform their jobs or work activities, during the period that the inability to last.

(c) to a life annuity of 30 units of development, in the case of permanent disability of the voluntary injured or sick, and that this would mean a loss of their ability to work, or more than two-thirds. Where volunteers submit a disability involving a loss of his work capacity, less than two-thirds, you will have right to a monthly annuity, the amount of which shall be calculated in proportion to the degree or percentage of disability given, taking as a basis the amount of 30 units of building pointed out above.

The Superintendency of securities and insurance, for a period of three years, counted from the date on which invalidity is ruled will temporarily pay the corresponding pension. After this period, the volunteer must undergo a new opinion of disability the respective Committee on preventive medicine and disability, in order to prove the extent and condition of disability of his condition. This opinion will be considered definitive for the purposes of the payment of the annuity referred to in this letter.

After this second accreditation of invalidity, and for the purposes of the payment of the corresponding annuity, the Superintendency of securities and insurance quote and contract with any of the insurance companies life, authorized to operate in the country, annuity insurance. Such insurance will be according to the model of policy that, for this purpose, determined by the Superintendent. "."

3) amending the letter d) of the third subparagraph, in the following sense: to) in its first paragraph, replacements the expressions "the widow" by "the surviving spouse" and "8 vital wages" by "25 unidades de fomento"; and replace the coordinating conjunction "and", ranging between the words "absolute" and "definitely" by the disjunctive conjunction "or", and suprimense, the phrase "if any, legitimate or natural," and "medical" words, between the phrase "Commission" and the preposition "a".

(b) in its third paragraph, reemplazanse the words "the widow" by "the surviving spouse" and the expression "of insurance companies, corporations and stock exchanges" by "of securities and insurance", and removed the word "successfully".

(c) in the fifth paragraph, replace the word "widow" by the expression "surviving spouse" and add after the separate dot (.), which happens to be comma (,), the words "por partes iguales.".

(d) be replaced its sixth paragraph, by the following: "the payment of the annuity by the volunteer's death, shall be carried out by the recruitment of an insurance annuity at a national life insurance company. It will be up to the Superintendency of securities and insurance quote and take this insurance, which will be according to the model of policy that this service be established to this effect. "."

(e) Agreganse the following seventh, eighth and ninth paragraphs: "(En caso de fallecimiento deel voluntario que estuviere percibiendo la indemnización señalada en la letra b) of this article, its beneficiaries indicated in this letter shall have the right to receive the amount of the subsidy of temporary disability of the deceased, the time remaining to this subsidy."

En_caso_de death of the volunteer who found receiving the compensation referred to in point (c)) of this article, beneficiaries are entitled to receive altogether, a pension equivalent to the annuity he received the originator, topped the amount indicated in paragraph first of this letter. In the latter case, if the volunteer was receiving his pension on the part of the Superintendency, it will be this organism, quote and contract the annuity for their beneficiaries.

Still, dealing with volunteers who are receiving compensation from the letters b) or c) of this article, and that, in the latter case, the pension is being paid by the Superintendent, if the death occurs as a result of illness or accident which originated such compensation, beneficiaries are entitled to receive an annuity equivalent to the amount indicated in paragraph first of this letter. "."

((4) Introducense the following modifications to the letter e) of the third subparagraph: to) in the first subparagraph, intercalanse the words "and entombing" between the word "funeral" and the comma (,) that follows him and replacements the phrase "20 vital wages" by "twelve minimum income"; and the expression "of insurance companies, corporations and stock exchanges" by "of securities and insurance".

(b) in paragraph second, intercalanse the words "or entombing", between the expression "funeral" and the comma (,) that follows him.

(5) add, following final paragraph: "for the purposes of this decree-law, means that members of the bodies of firefighters are volunteer firefighters or volunteers, including those who have the quality of fees, acting on claims, bailouts or institutional acts in the country or outside the country.".

II.-in article 2: 1) replace, in the third subparagraph, the expression "vital wages" by "revenue monthly minimum or building Unit, as appropriate".

(2) replace the fourth subparagraph by the following: "For all legal purposes, references to the monthly minimum income in this decree-law, must be understood made to the minimum income that is used for purposes pursued.".

III. replace article 3rd, by the following: ' article 3.-the benefits afforded by this decree-law shall be in charge of insurance institutions and mutual insurance companies covering in Chile the risk of fire, in proportion to the direct premiums in that risk, in the six months immediately prior to the date which must be] you payments. " In the event of breach of this obligation, the Superintendency of securities and insurance may apply the sanctions laid down in article 27 of the Decree Law Nº 3.538, 1980, insurance institutions and mutual insurance companies infringing. "."

IV.-replaced the article 4th, by the following: "article 4.-the Superintendency of securities and insurance will be charged the insurance entities, at every opportunity, pro-rata fees; you will pay the benefits afforded by this Decree Law; (it will be listed and it will hire on behalf of volunteers or their beneficiaries, as appropriate, in life insurance annuities, as detailed in the letters c) and (d)) of article 1 of this decree-law, and provide to the institutions that are mentioned in the following article, the necessary funds for the purposes referred to in this decree-law.

The Superintendency of securities and insurance will establish the form and opportunity in which you must demonstrate compliance with the requirements to access the benefits referred to in this decree-law and may suspend the payment of these when determined, truthfully, failure to meet such requirements. For these purposes, the Superintendent will dictate a norm of general consultation to the National Board of bodies of Fire Department of Chile, which shall be published in the official journal. "."

V.-in article 5: to) replace the first paragraph with the following:
"Article 5.-medical care is made through establishments of the system of University services of health mutual organizations of employers of Act Nº 16.744, of the armed forces and of order, in the Hospital Clinico Jose Joaquin Aguirre and clinical hospitals, election of the Superintendent of the Cuerpo de Bomberos, to which belong the injured or sick , or who make their times. Such care will be provided on pensioners and the conditions that indicate the physician who has dependants to the injured or sick. In exceptional cases, attended the gravity of the injured or sick, emergency care may be made in the nearest Assistance Center. "."

(b) Introducense the following modifications in the second paragraph: 1. Add, then the phrase "ministering to the sick", the expression "or rough";

2. replace the expression "the Director" for "physician", and 3. Delete the phrase "or who do their times".

(c) in the third paragraph, replace the expression "formulated by" by "professionals of"; intercalanse, between the words "doctors" and "that", the words "and paramedics"; and add, then the phrase "its services to the injured", the expression "or ill".

(d) replace the fourth subparagraph by the following: "the cost of medications, caused during the hospitalization of the injured or sick, health care, hospitalization or surgical intervention and those that are incurred subsequently, but as a direct result of the accident or illness contracted, shall be paid by the Superintendency of securities and insurance, and must send the invoice and the recipe of the treating physician endorsed by the Chief Medical Officer of the hospital establishment or include these expenses on the invoice from the hospital or clinic which was responsible for the care of the injured or sick. With the same requirements, the Superintendency will pay the services provided by paramedics to the injured or sick, until definitive discharge from the same. "."

(e) modify the fifth subparagraph, in the following sense: 1. Insert, then two opportunities in which appears the word "voluntary", the phrase "or volunteer".

2. delete the word "absolute" that precedes the word "need".

3 replaced the expression "of insurance companies, corporations and stock exchanges" with "of securities and insurance".

4 Agreganse, at the end of the paragraph, replacing point apart (..) with a comma (,), the following sentences: "and those of lodging and feeding of the passenger up to a daily maximum of average monthly minimum income, for a period not exceeding fifteen days. In certain cases, the Superintendent may extend it to more. "."

(g) replace the final paragraph by the following: "the medical establishments that cater to the beneficiaries of this Decree Law will not require documents in warranty, sufficing care issued by the respective fire order.

In the event of definitive or permanent injury, the director of the establishment, at the request of the treating physician, authorize tests, prescriptions of drugs, controls, transfers and medical actions and procedures in general, to be held on a regular basis, for periods of up to three years, by delegating the respective visa requirements to the treating physician. "."

VI. replace article 6 th, by the following: "article 6.-the benefits afforded by this Decree-Law will be extended to the acquisition or repair of Orthotics or prosthetics of any nature, canes, wheelchairs, lenses and any rehabilitation element indicated by the treating physician.".

VII. Insert the following article 8 th, new, becoming the current article 9: "Article 8.-those affected by decisions taken by the Superintendency of securities and insurance or by the Committee on preventive medicine and invalidity of the relevant health service, may request reconsideration, notwithstanding appeal them to the corresponding hierarchical superior.".