Amends Act No. 18.961. Constitutional Organic Of Carabineros De Chile

Original Language Title: MODIFICA LEY N° 18.961. ORGANICA CONSTITUCIONAL DE CARABINEROS DE CHILE

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Sole article.-Introducense the following modifications to the law N ° 18.961. Organic Constitutional of Carabineros de Chile: to) add in the subparagraph first of article 9, by replacing the dot (.) final by a comma (,), the following phrase: "have health compatible with the exercise of the office; have approved the basic education and possess educational level or professional or technical title matching by the nature of the employment; must not have been convicted or be declared guilty by judicial decision rendered in process by crime or simple offence and not having ceased in public office for disciplinary action or poor rating. "."
(b) replace article 27, with the following: "article 27-may not promote the personnel proposed for removal;" one whose Decree of removal is in process, or the one included in the ranks of complement, but to the date of the respective resolution of the institutional authority exists the vacancy and the officer consider the requirements met. "."
(c) add the following article 70 bis: "article 70 bis.-to the montepio entitled the following assigns of the deceased: in first grade, the widow or, if applicable, the widower who, being invalid absolute or greater than sixty-five years, pension or income of any kind;"
In second grade, the legitimate and natural children;
Third grade, the legitimate father invalid absolute or greater of 65 years;
In fourth grade, the widowed mother of legitimate or natural mother, is unmarried or widowed;
In fifth grade, single orphan sisters under twenty-one years old or twenty-three years if they are students, whose own life means are equal to or less than a sum equivalent in minimum incomes to pay vital and average monthly of the Metropolitan Region of Santiago at on August 14, 1981.
The assigns of montepío, with the exception of the first grade, will receive their respective pension decreased by 25 per cent. The annual fee less than an equivalent sum in minimum incomes to two vital wages monthly of the Metropolitan Region of Santiago, in force on August 14, 1981, will not be affect to this restriction.
If the cause of montepio leave widow or widower entitled to montepio and children of previous marriages legitimate or natural children, the pension will be distributed among one, that one and these, in the form determined by the ministerial decision.
For the purposes of this article, the legitimate mother cancelled marriage and not remarried, will be considered as widowed mother.
The personal Bachelor without children who dies as a result of an act of service and whose legitimate father may not enjoy the montepio by not meeting the conditions prescribed by law, will happen the legitimate mother even when she is married to him. In the absence of this orphaned unmarried brothers happen until they reach 21 years of age or 23 years if they are students, unless they show absolute incapacity or disability.
Going several people called to the same degree, pension shall be divided between them equally. However, if between the assigns any affected by a disability or inability to absolute, a special form of distribution may be established by ministerial resolution.
It is understood that in the absence of the spouse, widow or, where appropriate, of the widower who, being invalid absolute or greater of 65 years, pension or income of any kind, happen children legitimate and natural and, in the absence of these, the other assigns, in accordance with the order of precedence indicated in this article.
(d) add the following article 71 bis: "article 71 bis.-personnel who die in accident in Service Act, will cause a compensation to the assigns of montepio designated in article 70 bis or intestados heirs, equivalent to two years from your taxable wages, which will be tax charge and shall be paid only once, independent of the pension and the eviction.
The compensation provided for by this article shall be governed in accordance with the following rules: 1) are entitled to it, the assigns of montepío, the exclusionary order which are available to them;
(2) if there are no montepio assigns, will be entitled to her heirs "intestate", in the order and proportions the law. The assigns of first grade, in this case, are forced, to have been less than declared by enforceable judgement, that they are unworthy of happen them;
(3) for the purposes of this article the damages caused by the persons mentioned in article 60, they calculated the salary assigned to the jobs listed in the precept;
((4) concurring several assigns, in the case provided for in article 70 bis, sixth subparagraph, this compensation will be distributed in the same proportion as the pension of montepío, and 5) the amount shall be calculated on the basis of the values of the salary scale in force on the date on which issued the corresponding resolution of montepio.
The President of the Republic may declare, by Decree founded, whereas it is appropriate to grant the right to montepio on behalf of the relatives of staff police station that is desapareciere as a result of an accident or catastrophe occurred in particular Act of service.
This statement can only be made after fifteen days of the accident or disaster, and from the moment in which it is made, will the enactment of decrees of montepio and eviction and other relevant procedures.
e) added paragraph first of the number two of article 72, then of the word "compensation", the phrase "established in article 71 bis", f) add the following article 72 bis: "article 72 bis.-the designated in article 70 montepio assigns bis whose cause fallecieren in active service before they reach 20 years of service required in article 57 and without right to retirement pension They shall have the right, in the order indicated, to a refund of the contributions made by the decedent.
The cessation of activity of these cause salary shall be issued at the end of six months as from the first day of the following month in which the death, corresponding to perceive the wages accrued during this period in the same order and the same assigns occurs in that would have been crowded for having right to montepio.
This benefit amounts which the deceased has been perceived by concept of remuneration in the month in which death occurs shall not be deducted.
The right to impetrar the benefits referred to in this article shall prescribe within the period of one year from the date of death of the deceased.
(g) add the following paragraph first to article 74, paragraphs first passing and second, to be second and third, respectively;
"Article 74.-shall be entitled to receive compensation for eviction death of the staff of Carabineros de Chile, persons referred to in article 70 bis.".