GRANTS EXTRAORDINARY READJUSTMENT, BONUSES AND |! | BENEFITS IT INDICATES, TO PENSIONERS WHO NOTES Having present that the H. National Congress has |! |given its approval to the following P r o y c t o d e L e y: " Article 1.-To count from 1 December In 1997, the automatic adjustment of pensions referred to in Article 14 of Decree Law No 2,448 and Article 2 of Decree Law No 2,547, both of 1979, will be applied. minimum of Articles 24, 26 and 27 of Law No 15.386 and Article 39 of Law No 10,662, by 5 percentage points additional to the readjustment to be made in accordance with the abovementioned legal rules. Article 2.-It shall be granted, as from 1 January 1998, to the beneficiaries of minimum widowhood pensions under Article 26 of Law No 15.386, a monthly allowance which shall be the amount of the following: (a) Where there are no children with the right to an orphan's pension, the allowance shall be equal to 50% of the difference between the minimum pension of widowhood corresponding, plus the respective bonus of law No 19,403, and the minimum pension for old age and invalidity. (b) Where there are children entitled to an orphan's pension, the allowance shall be equal to 50% of the difference between the minimum widowhood pension corresponding to the respective allowance of law No 19,403, and 85% of the minimum pension old age and invalidity. For the purposes of the foregoing paragraph, the values of minimum pensions and allowances of law No 19,403, fixed for children under 70 years of age or for 70 years of age, as applicable to the case, shall be considered. the date specified in that paragraph. Article 3.-To be counted, as of January 1, 1998, to the beneficiaries of Article 24 of Law No. 15.386, whose pensions have the character of minimum, a monthly bonus whose amount will be equal to the difference between the amount of the the minimum pension plus the corresponding bonus of law No 19,403, and 60% of the sum of the minimum pension of widowhood relevant, of the bonus of Law No 19,403 and of the one resulting from the application of Article 2. For the application of the provisions of the foregoing paragraph, the values in force shall be considered as appropriate to the date which points out that point, the minimum widowhood pensions and the allowances to which it relates, established for children under 70 years of age or 70 years of age, or for more than 70 years of age, with or without the existence of children entitled to an orphan's pension, as appropriate. Article 4.-It shall be granted, as from 1 January 1998, to beneficiaries of widowhood pensions under Article 27 of Law No 15.386, a monthly allowance whose amount shall be equal to the difference between the amount of the respective minimum pension plus the corresponding bonus of law Nº 19,403, and 50% of the sum of the minimum pension of widowhood relevant, of the bonus of law Nº 19,403 and of the one that results by application of the article 2. For the application of the provisions of the (a) the value of the goods in question shall be deemed to be, as appropriate, the values in force on the date indicated by that minimum pensions for widowhood and the allowances to which it relates, established for children under 70 years of age or 70 years of age, or for more than 70 years of age, with or without the existence of children entitled to an orphan's pension, as appropriate. Article 5.-As from 1 December 1998, the allowances of Articles 2, 3 and 4 shall be equal to 100% of the differences resulting from the application to that date of the provisions of those Articles. Article 6.-The allowances provided for in Articles 2 and 3 and their increases shall also correspond to the same dates as the beneficiaries of the minimum pensions guaranteed by the State referred to in points (a), (b), (c) and (d) of Article 79 of Decree Law No. 3,500 of 1980, for the amount to be obtained according to their qualities and ages. Article 7.-Those who obtain some of the pensions mentioned in Articles 2, 3, 4 and 6 of this law after the date indicated in those provisions, shall be entitled, to count from the date of granting of their pension, to the the respective allowances provided for in those Articles, duly adjusted and increased, if appropriate. Article 8.-The beneficiaries of widowhood pensions and of article 24 of Law No. 15.386, of the pre-visionary regimes different from that of the decree Law No. 3,500, of 1980, whose amounts to 1 January 1998 are higher than that of the corresponding pension minimum, but less than the sum of the amount of this and that of the respective bonuses of Law No. 19,403 and of this law, they shall be entitled, to have equal date, to a monthly allowance equal to the difference between that sum and the pension and bonus of the said law which they are receiving, provided that they meet the requirements for to obtain a minimum pension. The above will also apply to those who, having the quality of the minimum pension beneficiary, are receiving pensions in excess of the amount in force at the date indicated for the respective minimum pension. The provisions of the preceding paragraphs shall also apply to pensions which are granted from a date after the date referred to in the first subparagraph and from the date of their commencement. Article 9.-The beneficiaries of survivors ' pensions who have the quality of surviving spouses or of the mother of the natural children of the deceased, who have received one of the modalities mentioned in Article 61 of Decree Law No. 3,500, of 1980, the benefit of which is equal to or greater than that of the relevant minimum pension, but less than that of the sum of this and that of the respective allowances of Law No 19,403 and of this Law, shall be entitled, to be counted from 1 January 1998, to a monthly allowance equal to the difference between that sum and the monthly amount of the pension and bonus of the aforementioned law which they are receiving, provided that the causative has met the requirements laid down in Article 78 of the aforementioned decree law. In respect of the beneficiaries concerned, the adjustment of the pension referred to in Article 65 (4) of Decree Law No 3,500 of 1980 must be equal to the sum of the respective minimum pension plus the corresponding Bonuses of Law No. 19,403 and of this Law. The provisions of the preceding paragraphs shall also apply to pensions which are granted after the date referred to in the first subparagraph, and the requirements referred to in this Article are met. Article 10.-The beneficiaries of the pensions referred to in Articles 2, 3, 4 and 6 of this Law, who are 70 years of age after the date referred to in Article 2, shall be entitled to count on the first day of the following month to the one in which they meet the mentioned age, to the bonuses established for those who are of that age, in replacement of those that they are eventually perceiving under this law. The beneficiaries of the pensions referred to in Articles 2, 3, 4 and 6 of this Law, in respect of which there are no children entitled to an orphan's pension, after the date referred to in Article 2, shall be entitled to bonuses which may be collected in accordance with this law, shall be replaced by the first day of the month following the month in which the respective orphan's pensions cease, for which they correspond to beneficiaries without children with right to an orphan's pension. The beneficiaries referred to in Articles 7, 8 and 9 who, after the date referred to in Article 2, are 70 years of age or who in their case no longer have children entitled to an orphan's pension, shall have the right, the first of the month following that in which such events occur, a bonus equal to the difference between the pension and the bonus of law No 19,403 corresponding to that date and the sum of the corresponding minimum pension plus the respective bonuses of Law No. 19,403 and of this law, replacing the one that eventually They are perceived by virtue of this legal body. Article 11.-The right to the bonus that the previous articles give to beneficiaries of survivors ' pensions subject to Decree Law No. 3,500 of 1980 will not alter the rules of this last legal body in everything relative to requirements, calculation and financing of pension amounts under their different modalities. To the granting and financing of the bonuses in favor of the beneficiaries referred to in the preceding paragraph, the provisions on the state guarantee of minimum pensions contained in the mentioned decree Law No. 3,500 and in its Rules of Procedure. The resources that the Administration of Pension Funds or the Insurance Companies require for the payment of the bonuses that come, will be provided to them by the State through the procedures and modalities established in the Decree Law No. 3,500 and its regulations and in the instructions that the Superintendence of Administrative Pension Funds will give to the effect. Article 12.-The bonuses referred to in the preceding articles shall be taxable on the same terms and percentages as the respective pension, and shall be adjusted in the same manner and opportunity as minimum pensions, by application of Article 14 of Decree Law No 2,448 of 1979. Article 13.-The beneficiaries of the pensions referred to in Articles 8 and 9 of this Law, whose amounts as at 1 December 1998, are equal to or greater than that of the corresponding pension on minimum, but less than the sum of this and that of the respective bonuses of Law No. 19,403 and of this law increased according to the previous article, will have the right, to have the same date, to a monthly bonus of an amount equivalent to the difference between that sum and the value of the pension and bonus of Law No 19,403, if any, from the holders, provided that the requirements laid down in those Articles are met. Article 14.-They shall not be entitled to the bonuses established in this law, who are the holders of more than one pension of any pension scheme, including the social insurance of law No. 16,744. Article 15.-Corresponding to the Social Security Superintendence shall determine the amounts of the allowances provided for in Articles 2, 3 and 4 of this Law, as well as those resulting from the implementation of the adjustments and increases that (a) they shall be subject to such law. Article 16.-Only for the purposes of accessing the benefits of the Additional Benefits, Social Credit and Supplementary Benefits Schemes, the pensioners of any pension scheme, including those of the Insurance Fund of the National Defense and of the Directorate of the Social Security Administration of Chile, may be individually affiliated to a Family Allowance Compensation Fund, in whose statutes it is considered to be beneficiaries of the mentioned regimes. In order to contribute to the financing of the benefits referred to in the preceding paragraph, each Compensation Fund shall establish a contribution from each pensioner, of a uniform nature, the amount of which may be fixed or a percentage of the pension or a combination of both. This contribution may not exceed 2% of the respective pension. Pension paying institutions shall be required to discount the pensions of pensioners who are members of a Compensation Fund, which is owed by them, by way of contribution, social credit, additional or supplementary benefits, and to find out that within the first ten days of the month following that of your discount. In this respect, the same rules for payment and recovery of the pre-viewing contributions as provided for in Law No 17.322 shall be governed by the same rules. The loans granted by the pre-viewing institutions and the health debts of any kind that the pensioners of the National Defense Forecasting Fund and the Chilean Carabinieri Forecasting Directorate have with these entities and with the health systems of the Armed Forces and Public Security and Public Security, as well as the premiums for life insurance and credits of any nature granted by the mutuals, will be deducted in advance of the contributions, social credits, additional and complementary benefits from a Compensation Fund, with a ceiling of 60% of the pension Respective monthly liquid. The fees for social credit benefits due to the Family Allowance Compensation Boxes by one of its affiliates that is a pension of the National Defense Forecasting Fund or the Chilean Carabinieri Forecast Directorate, shall constitute claims of the first class, in accordance with Article 2472 of the Civil Code, in accordance with Article 2472 only in that part of the amount not exceeding 15% of the respective monthly liquid pension. The Compensation Boxes may enter into agreements with associations of pensioners or other entities related to them, for the purposes of granting additional benefits, and must establish the form of their financing. Article 17.-Repeal the second paragraph of Article 4 of Law No 17,387. Article 18.-The greatest fiscal expenditure that represents, during the year 1997, the application of this law, will be financed by transfers of item 50-01-03-25-33.104 of the Public Treasury Item of the current budget. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 28 November 1997.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Jorge Arrate Mac Niven, Minister of Labor and Social Welfare.-Eduardo Aninat Ureta, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Patricio Tombolini Veliz, Deputy Secretary of Social Welfare.