AMENDMENT OF LAW NO. 19.129 ON COMPENSATION TO THE COAL INDUSTRY Law No 19.173 Having regard to the fact that the National Congress has given its approval to the following DRAFT LAW: Article 1.-The following amendments to the law of the Law No 19.129: 1. Add, in Article 3, after the word "precedent", the final point (.), the sentence: "to that of the effective payment."................................................................... Treasuries "for" the National Energy Commission. " (b) Substitute the third subparagraph, as follows: " Within 10 days of the filing of the documents referred to in the preceding paragraph, the National Energy Commission shall, if appropriate, require the Treasury Department to do so. (c) Add the following final point: " The Service of the Treasury shall make the payment of the subsidy effective within five days. (b) the date on which it receives the requirement referred to in the preceding paragraph. ' 3. Replace point (b) of Article 6 ° by the following: " (b) Credit with certificate issued by the National Service of Geology and Mining, that the mining operation concerned has a level of safety in accordance with the requirements contained in the Mining Safety Regulation. '. 4. Add, as the final article 8 °, the following: " Without prejudice to the foregoing, the National Energy Commission will be able to increase the subsidies to the production companies that request it, considering the sales to intermediate companies, which are beneficiaries of the subsidy, during the years 1987 to 1990, provided that the latter have not included them as purchases in the Annual Sales and Purchasing Programmes submitted to the Commission to impose their own subsidies, or if they have, to accept that they are deducted from them effects. ' 5. Make the following amendments to Article 9: (a) Substitute in the third subparagraph the sentence "1 December" for "10 September". (b) To replace the fourth indent, the following: " For the purposes of this law, it shall be understood by the coal pirquiners, the persons who are engaged in artisanal production to the extraction or recovery of coal and shall be registered before 1 October. 1992, in the Register which, for that purpose, shall open the National Service of Geology and Mining, subject to the accreditation of such qualities by means of the documents required by the Service. " 6. Amend Article 10 as follows: (a) Intercalase as the sixth indent the following, passing the current sixth and seventh points to be seventh and eighth, respectively: " For the purposes of this article, the amount shall be used monthly of the minimum income to be paid for the remuneration of workers over the age of 18 years, in force at the date of the start of the work conversion programme or of its extension, as appropriate. " (b) sixth, which becomes seventh, the phrase "the third, fourth and fifth of the" by the word "him". (c) Substitute in the final paragraph of Article 10 the word "corresponding" by the expression "where appropriate". 7. The following new Article is inserted after 10: " Article 10a.-However, the programme of retraining may be renewed for a second stage with regard to the costs of transfer, training and equipment and working tools. Such renewal may be provided by the National Training and Employment Service, at the request of the person concerned, which must be submitted up to 30 days after the first stage is completed. The extension period of this second stage may not exceed six months and its cost may not exceed 12 minimum income for each beneficiary. Furthermore, the use of the resources of each work conversion programme in this second stage shall be governed by the relevant rules of Articles 9 and 10 of this Law. In any case, the transfer costs may be incurred for one time. However, workers who have agreed to reconversion programs, and who have completed the date of validity of this law, will be eligible for a second stage of these programs within 60 days of the validity of the law. she. " 8. Amend Article 11 as follows: (a) The first and second points should be replaced by the following: " Article 11.-Every worker who has been providing services to any coal company in the country on 10 September 1991, who does not have the quality of seniority or old age, the contract of which is terminated for any cause between 10 September 1991 and the date on which the subsidy to the coal activity referred to in this Law expires and, in addition, to the date of termination of his contract has at least 25 years of heavy work on underground mining activities, defined as such in Article 38 of Law No 10.383 and its rules of procedure, even if they have been lent to different employers and have been affected by any pension scheme, shall be entitled to a special compensatory allowance monthly and tax charge. The monthly amount of such compensation shall be 75% of the average of the taxable liquid remuneration received in the 12 calendar months prior to 10 September 1991, each of which must be updated in advance in accordance with the variation experienced by the Consumer Price Index between the month in which they became established and the month before the end of the contract. For these purposes, the taxable remuneration shall be understood as the taxable remuneration deducted from the worker's pension contributions. If the worker has been in a medical condition for all or part of the period to be considered in the calculation referred to in the preceding subparagraph, for the purposes of determining the benefit, they shall be considered for such lapses. the remuneration on which the respective pre-viewing contributions were made or had to be made, updated in the abovementioned terms, and the latter must be deducted in advance. ' (b) Intercalanse, as third, fourth and fourth fifth, new, the following, passing the current third indent, to be sixth: " In the event that, for part of the calculation period cited, the worker has not received any remuneration or has not made use of a medical licence, for the purposes of determining the average referred to in the first subparagraph of this Article, only the number of months in which he was actually entitled to remuneration and/or medical leave. For the purposes of the foregoing, the increase referred to in Article 2 of Decree-Law No 3,501 of 1980 shall be considered. In any event, the amount of the compensatory allowance determined in accordance with this Article may not be less than the value of the minimum age pension of Article 26 of Law No 15.386, deducted from the legal contribution for health. " 9. Make the following changes to Article 12: (a) Intercalase, in the first indent, between the expressions "old age" and "invalidity", between commas, the word "seniority". (b) Substitute the third and fourth points, for the following: " On the amount of these benefits, the beneficiaries shall be listed as 7% for health. The beneficiaries of the pension scheme of Decree Law No 3,500 of 1980 must also make the contributions referred to in Article 17 of that decree. For the purposes of the preceding subparagraph, the paying agency shall add to the compensatory allowance the sums necessary to finance the abovementioned contributions and to find them in the entities concerned. " 10. Amend Article 13 as follows: (a) Replace the first indent, by the following: " Article 13.-The old age, invalidity or invalidity pension which, in its opportunity, corresponds to the beneficiaries of the compensatory allowance referred to in Article 11 of this Law and (a) to be found affiliated in any institution of anticipation of the former pension system, shall be calculated and settled considering, in the determination of the basic salary or salary, the rules in force and the taxable remuneration in the the date of termination of the respective worker in the undertaking which gave him the right to (b) Intercalanse the following new points, new, following the first, by passing the current second indent to the fourth indent: " For the calculation of the pension benefits and for the purposes of the fulfilment of the requirements in order to access them, the time during which the compensation referred to in Article 11 has been paid shall also be taken into account. The amount of the pension determined in accordance with the above provisions shall be increased by the adjustments to be made to the pensions pursuant to Article 14 of Decree Law No 2,448 of 1979 between the date of termination of the pension. (a) the amount of the pension to be paid by the beneficiary. This increase excludes the application of any other form of increase in the salary or pension base provided for in the rules governing the different pension schemes and which relate to the same period of time. This amount, thus increased, shall constitute the initial pension of the beneficiary. ' (c) Add at the end of the current second indent of Article 13, which becomes the fourth indent, following the separate point, which The following sentence will be followed: "For these purposes, the pension to which the worker would have been entitled would be considered if it had been absolute invalid." (d) Add the following final indent: " In any case, the imposing This provision may be subject to a pension in accordance with the rules of the pre-viewing schemes to which affections are concerned, in which case the provisions of this Article shall not apply. In the event which the imposing option has not exercised, the beneficiaries of the survivors ' pensions may rely on the right referred to in the event. " 11. Replace, in the third paragraph of Article 14, the expression "or loss of the compensatory allowance" by "of the law". 12. Replace the second paragraph of Article 16, the sentence given below the following point (.), as follows: " In turn, those who are in receipt of invalidity pensions of lower amounts than those who would be entitled to them for compensatory allowance, they shall be entitled to the latter benefit by a value equivalent to that resulting from the application of Article 11, deducted the amount of the pension corresponding to the first month in which the allowance is due compensation. In cases where the invalidity pension is converted from partial invalidity pension to total or absolute or vice versa or is extinguished, a new calculation of the compensatory allowance shall be made in the light of the new value of the pension. In any event, the compensation shall be extinguished on the last day of the month in which the beneficiary dies or is 60 or 65 years of age, in the case of women or men. " 13. As a transitional article, the following is added: " Transitional article.-Workers who, as of 10 September 1991, have been providing services to any coal company in the country, which do not have the quality of pensioners. seniority or old age, whose contract of employment is terminated for any reason, between 10 September 1991 and 30 November 1992 and, in addition, that at least 18 years of heavy work in the case of the contract is completed by the end of the contract underground mining activities, defined as such in Article 38 of Law No 10.383 and its Regulation, where they have been lent to different employing entities and have been affected by any pension scheme, they shall be entitled to the allowance provided for in Article 11, provided that they are requested before 1 January 1993, The rules governing this benefit are affected. The workers referred to in the preceding paragraph, whose employment contracts would have terminated for any reason prior to the validity of this Article and which would have benefited from the employment conversion benefits identified in the Articles 9 ° and 10, may apply for the proposed compensatory allowance. To this end, they must submit the respective application within 60 days from the validity of this article, ceasing in the enjoyment of the benefits of reconversion, and must restore the corresponding values to the latter that determine the National Training and Employment Service. The refund shall be made by means of monthly discounts of the compensatory allowance, in quotas equivalent to 20% of the refund, which shall be made by the paying agency of the latter, and shall send the sums deducted to that service. The provisions of Article 14 (2), in respect of compensatory allowances to be granted under this Article, shall not apply to workers who, if their employment contracts remain in force, would not have been achieved 25 years of heavy work in underground mines during the period of validity of the subsidy provided for in Article 1. " Article 2-The amendments made by the N ° s. 1, 6 (c), 8, 9 and 10 of Article 1 of this Law shall apply from the date of validity of Law No 19.129. Article 3.-The highest tax expense that the application of this law represents during the year 1992, will be financed from item 50-01-03-25-33.104 of the budget item Public Treasury. Item 15-05-01-25-31.002 of the current budget of the National Training and Employment Service shall be charged to the expenditure that was imposed during 1992 by the application of the provisions of Article 1 (7) of this Law. Article 4 °.-The President of the Republic shall be empowered to establish, by decree of the supreme decree of the Ministry concerned, the coordinated, recast and systematized text of Law No 19.129. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic, I have had to approve it and sanction it; therefore, it should be enacted and implemented as a law of the Republic. Santiago, 26 October 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Alejandro Hales Jamarne, Minister of Mining.-René Cortazar Sanz, Minister of Labour and Social Welfare.-Jaime Toha González, Minister President of the Commission National Energy. What I transcribe to you for your knowledge.-Salute attentively to you-Ivan Valenzuela Rabi, Undersecretary of Mining. Bill amending Law No. 19.129 on subsidies to the coal industry in the planning aspects The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill of law in the case, approved by the National Congress, in order for the Court to exercise control of the constitutionality in respect of point (c) of Article 1 (6) of the draft, and which, by judgment of 15 October 1992, declared it constitutional. Santiago, October 20, 1992.-Rafael Larraín Cruz, Secretary.