Amends Act No. 19.234, Which Establishes Social Security Benefits For Exonerated For Political Reasons

Original Language Title: MODIFICA LEY Nº 19.234, QUE ESTABLECE BENEFICIOS PREVISIONALES PARA EXONERADOS POR MOTIVOS POLITICOS

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Article 1.-Introducense the following modifications in the law Nº 19.234, which provides pension benefits for exonerated for political reasons: 1) be inserted in the first paragraph of article 3, following the words "Central Bank of Chile", replacing with a comma (,) the conjunction "and" that the above expression", of the National Congress, parliamentarians in year to September 11, 1973 , which are not in office at the date of entry into force of this law, and the judiciary ".

((2) amending article 4 in the following way: to) replace the first paragraph with the following: "exempt politicians referred to in article 3, may be obtained, by grace, the manure of 6, 4 or 3 months of contributions or Computable services, as they have been exonerated in the time periods between September 11, 1973 and December 31, 1973 on January 1, 1974 and the 31 December 1976, or between January 1, 1977 and March 10, 1990, respectively, for each year of contributions which they have recorded the date of the exemption, in any institution of forecast, excluding those recorded in the pension system of the Decree Law No. 3,500 , 1980, considered as full year the fraction exceeding six months, up to a maximum of 54 months of affiliation or Computable services. ".
(b) in the second paragraph, the expression "36 months" by "54 months" replaced.

(((3) Agreganse in the 5th article, then the letter b) and before the numeral 2), the following subparagraphs: "the reference to legal norms that are applicable to that referred to in point (b) within the respective pension scheme) precedent, should be understood made only for the purpose of establishing the proportion in which the greater membership representing payment of time by grace must compute. Of consequence, the reassessment must practice considering so many thirty or thirty-five avos for each year of subscription time by grace or fraction exceeding six months, as appropriate, in relation to the respective social security regime of the person concerned, calculating the corresponding increase on the amount of pension which the person concerned has had to the date of application for the benefit of manure. However, in the case of pay periods of less than one year or six months in regimes in which the period equals one year, such periods will be considered in the proportion they represent of total in thirty or thirty-five avos.
The fertilizer will be useful for reliquidar all pensions determined on the basis of years of service. Membership lapse not initially considered in the determination of the benefit provided that they had been invoked by the applicant in his application for retirement can also compute. However, the consideration of such lapses will not vary the date counted from the corresponding payment of the established in (b) reassessment) precedent. Furthermore, pensions that are not determined on the basis of years of service, will increase in a 30 th of the total of the pension received by the person concerned at the date of the request that this introduced to take advantage of the benefits of this law, for each year of subscription time of affiliation by grace that shall be granted. ".

(4) add, then Article 5 a new article, which will be renamed 5th bis: "article 5 bis-authorized the Institute for standardisation Previsional to modify or correct, even of its own motion, the bond of recognition of exempt politicians whose calculation does not fit the article transitional 4º of Decree Law No. 3,500 of 1980.".

((5) amending article 6 of the following form: a) delete, in the first paragraph, the phrase "they had accredited a period of contributions in the respective pension institution of the old pension system not less than ten years, continuous or not", replacing it with the following: "had periods of computable affiliation later indicated in the respective pension institution of the old pension system".
(b) replace the second paragraph by the following: "computable within ten years will be required to obtain pensions for old-age or invalidity. That period and others requiring this law for obtaining of non-contributory pensions, must have been in force at the date of the exemption even if they are not currently. However, in the case of invalidity, is required only the computable lapse requiring the pension scheme to which the person concerned to the date of their release was affection. ".
(c) Suprimense current third and fifth paragraphs and tables that contain.
(d) delete the present sixth paragraph.
(e) modify the current eighth paragraph then the phrase "which results from the application of article 12 of this law", by adding the expression "and its rules of procedure".
(f) Incorporanse, next to the current (eighth), which happens to be fifth, sixth and seventh paragraphs following, new: "without prejudice as provided in the preceding subparagraphs, for the purposes of completing the minimum period of affiliation or time required to obtain non-contributory pensions according to this article, those interested can do to enforce the effective military service period any computable is its pension regime. In addition and for the designated purpose only, you can enforce up to the total of the time elapsed between the date of the exemption and on 10 March 1990, excluding periods in which contributions within that period was made. This benefit will be a maximum of 80% of the time elapsed between the date of the exemption and the 10 March 1990, if this occurred between 11 September and on December 31, 1973; and 75% of that period, if it si se produjo produced between January 1, 1974 and March 10, 1990.
The time indicated in the previous paragraph will be also apply to find the minimum period of membership required in subparagraph first of article 15 of this law, to obtain non-contributory pensions for survival. ".

(6) replace the third paragraph of article 9 th, by the following: "in the event of absence, loss or destruction of such instruments that appears properly justified, may be accepted any document or instrument constituting principle of proof in writing and in reliably, that demonstrates the existence of the political of the exemption. These may be complemented with summary information of at least three witnesses answer the facts concerned, which shall also sentence qualification. ".

((7) amended article 12 in the following way: to) Intercalanse, then of the current fourth subparagraph, following fifth and sixth subparagraphs, becoming current subparagraphs following and fifth subparagraphs (seventh) and following: "for the purposes of the proof of the wages of workers referred to in the preceding subparagraphs, shall be considered all available documents such as salary payments, certified employers, settlements, evictions, contracts of employment applicable exemption date and others. However, in case of absence, loss, failure or destruction of such instruments, the remuneration is established by presumption in such terms and conditions that indicate the regulation. It will also proceed with respect to those workers who have been quoted by taxable bumpers of the time, to prove one higher remuneration.
If he is convincingly established that exoneration date the person concerned was in enjoyment of a charge of lower remuneration or category who played on 11 September 1973, assimilation will be make it upon the income or the office that the person had to this last time, when this position is not plant. ".
(b) replace the current ninth paragraph which becomes eleventh, by the following: "for the purposes of determining the time computable, it shall not be considered payment of time by grace referred to in article 4, or the period designated in the sixth and seventh of the article 6, paragraphs except as regards military service.".
(c) replace current tenth paragraph, which happens to be twelfth paragraph, by the following: "initial non-contributory pension amount will be equivalent to the value basis of the grade resulting from the application of the above provisions, which may not be less than the salary 21 th of the unique scale of the Decree Law Nº 249, 1973 valid for the month of April 1988 ($17.746). This value will be reset in accordance with the variation experienced by the index of prices to the consumer from the month of April 1988 until the last day of the month prior to the date of beginning of the pension. ".

(8) replace paragraph first of article 15, the phrase "time of fertiliser by grace referred to in article 4", by the following: "the period designated in the sixth and seventh subparagraphs of article 6".

(9) replace article 16, by the following: ' article 16.-the pension referred to in articles 6 and 15 will be incompatible with any other pension from social security schemes, which have been granted or that the interested parties, with the exception of those granted in accordance with the Decree may be entitled Law No. 3,500 of 1980. They will be, also, with the granting of bond of recognition referred to in the above-mentioned decree-law. The above, without prejudice to the right of option to which any, between such benefits.
Notwithstanding the provisions of subsection first, article 6 pension will be compatible with survival pensions granted by the institutions of the old regime forecast. ".

(10) Incorporanse in article 18 the following second and third subparagraphs new: "those pensioners paid by the Instituto de normalización Previsional, counting from the date of publication of this law, will also cause mapping quality by death, in accordance with the rules of D.F.L. Nº 90, 1978, the Ministry of labour and Social Welfare benefit that it will be and will pay the Institute personally.
In the first subparagraph shall apply to the mother of the natural children of the deceased who obtain non-contributory pension for survival in accordance with article 15. ".

(11) Intercalanse in article 19, subparagraphs as second and third, new, the following, becoming the current second quarter: "Likewise, may apply for this benefit the right people in the preceding paragraph, that did not perceive it for having been taken improperly by third parties.
The Treasurer General of the Republic, by founded resolution, may provide that payments that correspond, it acquired the conviction that these were those who today solemnly them carried out or who represented legitimately their rights, and for that purpose may request reports or appraisals of other public authorities. ".

(12) replace article 20 with the following: "article 20.-the staff of the military of Carabineros of Chile and of the investigative police of Chile referred to the decrees with force of law Nº 1 (G) of Ministry of national defense and no. 2 of the Ministry of the Interior, both from 1968, and the decree with force of law No. 1 of the Ministry of national defense , 1980, and other officials related to the regime of forecast of the Provident Fund of the national defense or the forecast direction of Carabineros, who is has arranged or granted the removal of these entities during the period between 11 September 1973 and 10 March 1990, for reasons that have motivated in the institutional change in the country following the first before designated date or his successors in title, may request and obtain in the same way and term to the remaining beneficiaries of this law, the benefits referred to in articles 3 and following, even laid down in the seventh paragraph of article 12. This will require the rating to the President of the Republic, in accordance with this law, previously held in sentence form through the Ministry of the Interior, which must receive relevant information from the Ministry of national defense.
Payment of time of affiliation by grace given to staff referred to in the preceding paragraph shall be considered, for the effects of this law, as time actually served and quoted on the regime of the Provident Fund of the national defense or the forecast direction of Carabineros, as appropriate.
To obtain the non-contributory pension, before concerned staff must comply with the requirement of effective twenty affiliation which according to its pension regime is applicable for retirement pension, which shall be granted by the President of the Republic. The period indicated in paragraphs sixth and seventh article 6 shall be regarded as actually served time for the sole purpose of learning this minimum membership requirement.
These pensions will be considered as pensions for retirement for all the legal purposes, and must be calculated and paid on the basis of eligible age for pension and according to the degree that the officer had at the date of his release or the one which was assimilated, setting their amount in relation to the values of the scale of salaries of armed forces current to March 10, 1990. The initial amount of the pension will be equivalent to the value resulting from the application of the above provisions re-designed according to the changes experienced by price index the consumer since the month of March 1990 until the last day of the month prior to the date of commencement of the pension.
The benefits referred will be determined, fixed and granted by the Ministry of national defence, through the corresponding Secretary according to provisions of the law No. 16,436, or by the General direction of Carabineros, and paid by the Provident Fund of the national defense or the forecast direction of Carabineros, as appropriate, to be financed from fiscal resources contemplated for the purpose in the respective budgets of those entities which will be supplemented each year with the benefits granted by this law. All the payments carried out through this resource supplement, must be made immediately. For the determination and calculation of pensions, should apply the laws that apply to the pension regime that the person concerned has found affection when cease its functions being understood that such dismissal occurred on March 10, 1990.
In the event that the profit translates into an increase of the recognition bond, this will be calculated by the pension entity in accordance with the procedure that corresponds.
Staff referred to in the preceding subparagraphs, which by virtue of the benefits granted by this law, access to retirement pensions or recalculation of them in respective cases of welfare institutional, is entitled to receive the eviction and other benefits that correspond, in the same terms that indicate the Nºs 18.948, 18.950 and 18.961 laws respectively, and other applicable regulations.
In those cases in which the eventual beneficiaries had not made contributions to the Fund of eviction, had removed them or their percentages were lower than those charged, must return these differences and/or amounts to the referred Fund, in their historical values.
Persons who do not meet the requirements for retirement on the terms previously laid down, can request and obtain pension for years of service, old-age, invalidity and survival in the same way and conditions than the rest of the beneficiaries of this law, whereas to this end are officials subject to the regime of the former national case of public employees and journalists. For the purposes of determining the pension base salary, shall give effect to the third paragraph of article 12 of this law, according to the information which must be provided by the institution to which the applicant belonged to the date of the exemption.
However, staff that is in the situation referred to in subsection precedent will correspond to the Instituto de normalización Previsional the determination and payment of benefits may be entitled, to be funded for this purpose in the form referred to in article 17 of this law, without prejudice to the concurrent accreditations relevant make effective.
Pensions that are granted in accordance with this article shall be subject to all quotes and discounts that set the laws with regard to pensions of the pension regime in which stakeholders are incorporated and will be increased in equal opportunities and percentages that these adjustment. ".

(13) add the following article 21, new: "article 21.-the exonerated politicians who seek and obtain its disaffiliation from the new pension system in accordance with the legislation in force, will pay the difference in rate that your transfer becomes necessary only at face value, no other charges.