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AMENDMENT OF LAW NO 18.948, CONSTITUTIONAL ORGAN OF THE ARMED FORCES

Original Language Title: MODIFICA LEY N° 18.948, ORGANICA CONSTITUCIONAL DE LAS FUERZAS ARMADAS

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The Board of Government of the Republic of Chile has given its approval to the following: Draft Law: Single Article.-The following amendments to Law No 18.948 are introduced, Constitutional Organic of the Armed Forces: (a) Add in the second paragraph of Article 6 °, following the word "irrevocable", the following sentence: " and shall not be promoted, except where the respective Board of Selection considers that they are made deserving of promotion. This promotion may not be more than one degree and provided that the total of its promotion has already been promoted. "(b) Add in Article 40, the following final point:" However, the seniority of the Deputy Officers may be modified by ascending to Sub-lieutenant, to Lieutenant and to Captain, or their equivalents in the other institutions, in accordance with the general average note of promotion to the higher grade and in accordance with the procedure which each Institution establishes. " (c) Article 42 of the following: " The antiquity of the Permanent Table and the People of the Sea between the different Institutions shall be determined in the same manner as that indicated in the preceding subparagraph. ' (d) Add to Article 54, the following point (f): " (f) Those who are to be disposed of in accordance with the resolutions adopted by the respective Selection Boards and Appeal, where appropriate, as a result of the qualifications process established by this law. "(e) Add the following Article 88a:" Article 88a.-To the montepio, the following dispatchers are entitled to the causative: In the first degree, the widow or, where appropriate, the widower who is not an absolute or greater than sixty-five shall not receive a pension or income of no nature. In the second degree, the legitimate and natural children. In the third degree, the legitimate father invalid absolute or greater than sixty-five years. In the fourth grade, the legitimate widow or natural mother, single or widow. In fifth grade, the orphaned single sisters who lack their own means of life equal to an equivalent sum in minimum income at a vital and average salary or more monthly of the Metropolitan Region of Santiago. In the absence of a widow or widower with a right to a montepio, the children shall be born; in the absence of such a widow, the father is not absolute or more than sixty-five years; in the absence of such a widow, the legitimate widow or natural mother, single or widowed, and in the absence of the latter, the sisters single orphans who lack their own means of life equal to an equivalent sum in minimum income at a vital and average salary and more monthly, from the Metropolitan Region of Santiago. The second, third, fourth and fifth grades will receive their reduced pension by 25%. If the deceased person leaves a widow or widower with a right to a legitimate child and children of previous marriages or natural children, the pension shall be distributed between that person, the latter and the latter, in the form determined by a ministerial decision. In the pensions of montepio there will be the right to abide. For the purposes of this article, the legitimate mother who is annulled from marriage and not remarried, will be considered as a widowed mother. In the case of unmarried staff who die as a result of a given act of the service, if the legitimate father, if any, cannot enjoy montepio because he does not fulfil the conditions required by law, the legitimate mother will still be when I was married to him. In the absence of this, the single orphan siblings will succeed until twenty-one or twenty-three years if they are students, unless they prove invalidity or absolute incapacity. In such cases, the provisions of the third subparagraph shall apply. In the case of several persons called to the same degree, the pension shall be divided equally between them. However, if there is an invalidity or absolute incapacity among them, a special form of distribution may be established by ministerial decision. The staff who die in active service shall be entitled to their own funds to be paid, in accordance with the degree of precedence referred to above, the salary and other remuneration which they have enjoyed up to the date of the respective cessation, shall be issued immediately after the montepio has been granted or, at the latest, within 90 days. The decision granting the montepio must be given within the period of six months from the date of death. ' (f) Add in Article 90, as a first indent, the following: " Article 90.-The eviction of staff who die in The active service will be the responsibility of the allocators of the respective montepio pension and will be calculated on the basis of the values of the scale of salaries of the Armed Forces, in force to the date on which the corresponding resolution or decree is dictated ". JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-JORGE LUCAR FIGUEROA, Lieutenant General, Deputy Chief of the Army, Member of the Government Board. In the light of the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had the right to approve the previous law, I have sanctioned it and signed it as a sign of promulgation. Take effect as the Law of the Republic. Register with the Comptroller General of the Republic, publish in the Official Journal and insert in the Official Collection of the Comptroller's Office. Santiago, March 7, 1990.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Patricio Carvajal Prado, Vice Admiral, Minister of National Defense. What I transcribe to you for your knowledge.-Jorge Beytia Valenzuela, Captain of Navio JT, Secretary of Legislation of the Government Board. CONSTITUTIONAL COURT Draft Law amending Law No. 18,948, Constitutional Organic of the Armed Forces The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Government Board sent the draft law In order to have this Tribunal exercised the control of its constitutionality and that by judgment of February 28, 1990 it declared that the draft submitted is constitutional.-Rafael Larraín Cruz, Secretary.