Modifies Law-Decree N ° 1, 1980, The Ministry Of National Defense, Staff Of The Police Of Chile Research Regulations

Original Language Title: MODIFICA DECRETO CON FUERZA DE LEY N° 1, DE 1980, DEL MINISTERIO DE DEFENSA NACIONAL, ESTATUTO DEL PERSONAL DE LA POLICIA DE INVESTIGACIONES DE CHILE

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Sole article.-amend the decree with force of law N ° 1, 1980, of the Ministry of national defense, on the status of the personnel of the police's investigations of Chile, in the following way: to) Article 133 be replaced by the following: "article 133.-However stated in the previous article, the staff entered from 23 September 1989" , shall be governed by the following provisions: first: staff are entitled to receive compensation for eviction, compatible with the pension withdrawal or montepio.
This benefit will consist of the payment of one month's taxable remuneration is in possession of the staff at the date of retirement or death, each year or fraction equal to or exceeding six months of effective services in the investigative police of Chile, exclusively, with a maximum equivalent to twenty-four months.
Second: Will not be entitled to the payment of compensation for eviction, and only to a refund, without interest, of the corresponding contributions, staff who leave for any reason of belonging to the institution without entitlement to retirement pension.
However, there is no to the devoluvion of the listed contributions to the Fund of eviction of the personnel of the police's investigations of Chile, for personnel who check less than three years of service in the institution.
Third: The right to impetrar the return of the contributions to the Fund of eviction of the personnel of the police's investigations of Chile, where appropriate, be barred within the period of three years from retirement or death.
Fourth: They are entitled to receive compensation for eviction death of the staff of the investigative police of Chile, those people to those concerned to enjoy the pension of the deceased montepio. If the Board or the montepio is done not effective for not telling the deceased with years of required services, entitled these assigns to the return of impositions, without interest, even in the case that the officer had less than three years of service.
There are no assigns of montepío, will enjoy these rights the heirs of the deceased.
Going several assigns, compensation for eviction or the returned contributions, where appropriate, shall be distributed in the same way as the pension of montepio.
Fifth: If extinguished a montepio has not reached to cancel what is perceived by concept of eviction, the unpaid balance will be in charge of the Fund.
Sixth: The time whereby perceived eviction or return contributions won't be computable for the settlement of a new eviction.
Staff enjoy pension, and that will be reincorporated or return to the service, any quality or classification officer, be able to enjoy a second eviction, but only in relation to the new years of service credit, provided that it meets the following requirements: 1 °) that tell of its reentry contributes to the background of eviction of the personnel of the police's investigations of Chile with a tax equal to twice the percentage that has been making or make staff on active duty, which will be deducted from the total of your retirement pension and to payment of what is perceived by the concept of the first eviction.
2 °) which, in addition, impose on the background of eviction of the personnel of the police's investigations of Chile an amount equivalent to 5% assigned to the new job. Quotes that make this concept may be in coetaneous form to the performance of the new function, yet can these be discounted subsequently charged to the new eviction.
3 °) that new services give right to reliquidar their retirement pension.
If the new services not dieren right to rejubilar, imposed by the concept of application of N ° 2), will be refunded, without interest, in accordance with the second, third and fourth provisions of this article.
The right granted by this provision may exercise only once.
Seventh: The eviction will be paid with charge to the background of eviction of the personnel of the police's investigations of Chile, to be formed with the following resources: 1) with the discount of five percent of taxable wages that are paid to staff: 2) with the discount of five percent on retirement and pensions montepio's affection this article staff which will be effective only to the total returned perceived eviction;
(3) with a fiscal contribution, which will be made by twelfth equivalent to 0.2% of total taxable wages and pensions for retirement and montepio which are paid to staff on this article.
((4) with the contribution of 0.5% of the sums affected to discounts referred to in letter a) of article 20 of Decree Law No. 844, 1975, with the exception of the pensions of montepio referred to this precept and carried out to the imposing pertaining to this article, that the forecast direction of Carabineros of Chile will allocate to the Fund of eviction of the personnel of the police's investigations of Chile;
((5) with interest and other benefits to be obtained from the investment of funds, and 6) with funds entering by any other concept to it.
Eighth: The amount that salaries and pensions are reduced by concept of impositions for the eviction, shall be exempt from the income tax.
Ninth: The funds referred to in the provision of seven will join the direction General of the police's investigations of Chile, that their value should be recorded in a special account called "Fund of eviction of the staff of the police's investigations of Chile".
Against this account can only be rotated for the purposes set forth in this article.
The background of eviction of the personnel of the police's investigations of Chile will be independent of all other Fund, account, capital or having charge or give the above-mentioned Directorate-General.
Tenth: Discounts referred to in number two of the seventh provision, must be sent monthly by the direction of Carabineros forecast to the General direction of the police's investigations of Chile.
Eleventh: The indemnification shall be unattachable, except for alimony decreed judicially, and up to 50% of their amount. "."
((b) Insert, in article 128, between the words "Social" and "that", the following phrase: "or to the bottom of eviction of the staff of the research police of Chile, according to the case," and c) the final subparagraph of article 129 be replaced by the following: "equal rights will enjoy the staff referred to in the first subparagraph, to be governed or not a State of constitutional exception" It is dead or it causes disability, victim of attacks by single as a member of the investigative police of Chile, whether or not in the performance of an act of service, all of which will be described by the Director-General. "."