Amends Act No. 19.129, On Compensatory Subsidy To The Coal Industry


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Article 1.-Introducense the following modifications to the law N ° 1: 19.129. Adding, in article 3, after the word "previous", by deleting the final dot (.), the phrase: "to the the payment cash.".
2 modify article 4, in the following way: to) replace, in paragraph first the expression "Treasury service" by "the National Energy Commission".
(b) replace the third, with the following sub-paragraph: "Within the ten days following the submission of the documents referred to in the preceding paragraph, the National Energy Commission, if appropriate, will require service of treasuries that make cash payment of the grant by the amount calculated by it in accordance with the provisions of this law and its regulations.".
(c) add the following final paragraph: "Treasury service must enforce the payment of the subsidy within five business days following the date of the receipt of the requirement referred to in the previous paragraph.".
(3 replaced the letter b) of article 6 by the following: "b) accreditation certificate issued by the national service of geology and mining, to the mining operations concerned has a level of security consistent with the requirements contained in the regulation of mining safety.".
4 Add, as the final subparagraph of article 8, the following: "without prejudice to the provisions in the previous paragraphs, the National Energy Commission can increase subsidiables quotas to companies who request it, whereas sales that have been made to intermediary companies, which are beneficiaries of the grant, during the years 1987 to 1990, provided that the latter not included them as shopping at the annual sales and purchase programs presented before the Commission for impetrar "their own subsidies, or if they have done so, accept that they are deducted them for those purposes."
5 Introducense the following amendments to article 9: to) be replaced with in the third paragraph the phrase "1 December" "September 10".
(b) replace the fourth, by the following paragraph: "For the purposes of this Act, means pirquineros of coal, people who engage in traditional extraction or recovery of coal and enroll before October 1, 1992, to the registry which, in effect, will open the national geology and mining service, prior accreditation of such qualities through the documents required by that service."
6 amending article 10 follows: to) be inserted as the following sixth subparagraph, passing current paragraphs sixth and seventh to be subsections seventh and eighth, respectively: "for the purposes of this article, the monthly amount of the minimum income that governs must be used for pursued purposes of workers over 18 years of age, existing at the date of the start of the labour reconversion or its extension program , as appropriate. "."
(b) replace in the current sixth subparagraph, which becomes seventh, the phrase "third, fourth and fifth paragraphs of the" by the word "the".
(c) replaced in the final subparagraph of article 10 the word "appropriate" by the expression "where appropriate".
7 insert the following new item below 10: "article 10 bis.-However, the labour reconversion programme, may be renewed by a second stage in regards to costs of transfer, training, and tools and working tools. Such renewal will be arranged by the national service for training and employment, at the request of the party concerned, which shall be submitted up to 30 days after completed the first stage. The period of extension of this second stage shall not exceed six months and their cost may not exceed twelve minimum income per beneficiary. In addition, the use of resources for each programme of job retraining at this second stage, shall be governed by the relevant rules of articles 9 and 10 of this Act. In any case, relocation expenses may be made only once.
However, workers that had acceded to retraining programs, and that have completed to the date of entry into force of this law, shall be eligible for a second phase of these programmes within a period of 60 days from the force of it. "."
8 amended article 11 as follows: to) Reemplazanse the first and second subparagraphs by the following: ' article 11.-all worker that the 10 September 1991 has been providing services in any coal mining company in the country, which does not have the quality of pensioner age or old age, whose contract ends for any reason on September 10, 1991 to the date they expire subsidies to the coal mining activity referred to in This law and, in addition, that the date of termination of their contract has at least 25 years of heavy work in underground mining activities, defined as such in article 38 of law No. 10.383 and its regulation, even when they have been rendered to different employing entities and have been subject to any pension scheme, is entitled to a special compensatory allowance on a monthly basis and tax charge. The monthly amount of such compensation shall be 75% average perceived liquid taxable earnings in the 12 months prior to the 10 September 1991 calendar, and must be updated previously each of them in accordance with the variation experienced by price index the consumer between the month in which it is accrued and the month prior to the term of the contract. For these purposes, means as liquid taxable remuneration deducted taxable compensation charge of worker pension contributions.
If the worker has been in enjoyment of medical leave for all or part of the period to be considered in the calculation referred to in the previous paragraph, for the purposes of determining the aforementioned benefit, should be considered by such lapses remuneration on which were or had made respective pension contributions, updated in the above terms, and must deduct previously latter. "."
(b) Intercalanse, as paragraphs third, fourth and fifth, new, the following, passing the current third paragraph, to be sixth: "in the event that during the cited period, the worker has not received compensation or has not made use of medical leave, for the purpose of determining the average referred to in subparagraph first of this article, we only consider the number of months that effectively had right to compensation or medical license.
For the purposes of the provisions in the preceding subparagraphs shall be deemed the increase referred to in article 2 of the Decree Law N ° 3.501, 1980.
In any case, the amount of the compensatory indemnity determined in accordance with this article may not be less than the equivalent to the value of the minimum old-age pension from article 26 of the law N ° 15.386, deducted legal quote for health. "."
9 Introducense the following amendments to article 12: to) Insert, in paragraph first, between the expressions "old age" and "invalidity", between commas, the word "antiquity".
(b) replacements for the following third and fourth subparagraphs: "on the amount of these benefits, beneficiaries must quote the 7% for health. Beneficiaries affiliated pension of Decree Law No. 3,500 of 1980, should be, in addition, the contributions referred to in article 17 of the decree law.
For the purposes of the provisions of the preceding paragraph, the paying entity shall add to the compensatory indemnity the sums required to finance quotes mentioned and find them in institutions relevant. "."
10 amended article 13 as follows: to) replace the first paragraph with the following: "article 13.-pension old age, age, or disability which in turn corresponds to the beneficiaries of the compensatory indemnity referred to in article 11 of this law and that they found affiliated in any institution of the old pension system forecast" shall be calculated and liquidated whereas, in determining the salary or wage base, regulations and Computable taxable remuneration at the date of cessation of the respective worker in the company who gave you right to this compensatory indemnity. "."
(b) Intercalanse following paragraphs, new, then first, passing the current subsection second to fourth paragraph: "for the calculation of pensions mentioned and for the purposes of compliance with the requirements to access them, must also compute the time during which the beneficiary has earned the compensation referred to in article 11.
The amount of the pension determined in accordance with the preceding subparagraphs, will increase with the readjustments that are granted pensions by application of article 14 of Decree Law N ° 2.448, 1979, between the date of cessation in functions and that in which the beneficiary begins to accrue pension. This increase excludes the application of any other form of amplification of the salary or wage Board contemplated in the rules governing the various social security schemes and relating to the same period just indicated. This amount, so increased, shall constitute the initial pension of the recipient. "."
(c) add at the end of the current second paragraph of article 13, that happens to be fourth subsection, then point apart, that happens to be followed, the following sentence: "for this purpose, it shall be deemed the pension that would have been entitled if worker would have been absolute invalid.".
(d) add the following final paragraph: "in any case, contributors referred to in this rule be entitled to pension under the rules of pension schemes that are affected, in which case shall not apply the provisions of this article. In the event that the imposing has not exercised the option, the right hint may invoke the beneficiaries of pensions for survival that would result. "."
11 replace, in the third paragraph of article 14, the expression "or loss of the compensatory allowance" by "law".
12 replace in the second paragraph of article 16, the prayer that appears below the followed period (.), with the following: "at the same time, those who are in enjoyment of invalidity pensions of amounts less than those that correspond them by compensatory indemnity, are entitled to this last benefit by a value equal to the result of the application of article 11 deducted the amount of old age pension corresponding to the first month in which the aforementioned compensation is earned. In cases in which respective disability pension is transformed to total or absolute or vice versa partial disability pension or is extinguished, a new calculation of the compensatory indemnity based on the new value of the pension must be made. In any case, the aforementioned indemnities will expire the last day of the month in which the beneficiary dies or follow 60 or 65 years of age, depending on whether women or men. "."
13 added, as transitory article, the following: "transitional article.-workers who have been providing services in any coal mining company in the country, to the 10 September 1991 which do not have the quality of pensioners by age, or old age, whose employment contract ends for any reason, on September 10, 1991 and November 30, 1992 and" In addition, that the date of termination of his contract have at least 18 years of heavy work in underground mining activities, defined as such in article 38 of law No. 10.383 and its regulation, even when they have been rendered to different employing entities and have been subject to any pension scheme, will be entitled to the compensation established in the aforementioned article 11 whenever they request before January 1, 1993, being subject to the rules governing such benefit.
The workers referred to in the preceding paragraph, whose contract of employment had terminated for any reason prior to the entry into force of this article and which have received job retraining benefits referred to in articles 9 and 10, may request the above-mentioned compensatory indemnity. To do so, they must submit respective application within 60 days counted from the entry into force of this article, ceasing in the enjoyment of the benefits of job retraining, and must restore the values corresponding to the latter that determined the national training and employment service. Such refund shall be made by monthly discounts of the compensatory indemnity, in installments equal to 20% of the same, which shall make the paying entity of that one, and must send the discounted amounts to referral service.
Shall not apply the provisions of the second paragraph of article 14 with respect to compensatory allowances which are granted pursuant to this article, those workers who keep in force their contracts of employment, would have not reached 25 years of heavy work in underground mines during the term of the grant laid down in article 1 °. "."