Whereby Compensated Rules For Retirement Of Officers And Employees Of The Office Of The Comptroller General Of Colombia Are Issued And Other Provisions

Original Language Title: Por el cual se dictan normas para el retiro compensado de funcionarios y empleados de la Contraloría General de la República y se dictan otras disposiciones

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ACT 73 OF 1993

(September 9)

Official Journal No. 41,029., of 10 September 1993

For which rules are dictated for the compensated retirement of officials and employees of the Comptroller General of the Republic and other provisions are dictated.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. APPLICATION CAMPO. This Law shall apply to officials and employees of the Comptroller General of the Republic currently engaged in technical levels grades 1 and 2.

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ARTICLE 2o. RETIREMENT WITH RIGHT TO COMPENSATION. Officials of the Comptroller General's Office, who are at the time of the Administrative Race, who are eliminated from the post according to the powers to abolish, merge and create charges awarded to the Comptroller General of the Republic by Article 56 of Law 42 of 1993 as a result of the restructuring of the entity, shall be entitled to the following compensation:

1. Forty-five (45) days of salary when the official has a continuous service time no longer than one year.

2. If the official has one (1) year and less than five (5) years of continuous service he will be paid forty-five (45) days for the first year and fifteen (15) days for each additional year and proportionally per fraction.

3. If the official has five (5) years and less than ten (10) of continuous service, he shall be paid forty-five (45) days for the first year and twenty (20) days for each additional year and proportionally per fraction.

4. If the official has ten (10) years or more continuous service and less than fifteen (15) he shall be paid forty-five (45) days for the first year and forty days for each additional year and proportionally per fraction.

5. If the official is fifteen years old (15) or more, he shall be paid forty-five (45) days for the first year and fifty (50) days for each additional year and proportionally per fraction.

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ARTICLE 3o. PUBLIC EMPLOYEES.

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ARTICLE 4. SALARY FACTOR. The allowance, the bonus is not a salary factor for any legal effect and it will be settled based on the average salary caused during the last year of service.

For the purposes of your recognition and payment, the following salary factors will be taken into account exclusively:

1. The monthly basic allocation;

2. The technical premium;

3. The Sunday and public holidays;

4. Power and Transport Aid;

5. The Christmas premium;

6. The allowance for services provided;

7. The service premium;

8. The holiday premium and

9. Increases by night time or on mandatory rest days.

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ARTICLE 5o. DEADLINE FOR EXECUTION. The Comptroller General of the Republic shall apply this Law within four (4) months of his/her sanction.

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ARTICLE 6o. SERVICE CONTINUITY. For the purposes provided for in the withdrawal scheme with compensation or bonus, the continuous service time shall be counted from the date of the last or the only engagement of the public employee with the Comptroller General of the Republic.

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ARTICLE 7o. INCOMPATIBILITY WITH PENSIONS. Employees and officials who are removed from office as a result of the restructuring of the institution and who at the time of the removal of the job or employment are entitled to a pension may not be recognised or paid for the allowance or allowance referred to in this Law.

If in contravention of the provisions of the above paragraph, a compensation or bonus is paid and then a pension is claimed and obtained, the amount covered by the allowance or the bonus, plus interest paid to the interest rate Bank current, will be periodically deducted from the pension in the lowest number of legally possible tables.

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ARTICLE 8o. COMPATIBILITY WITH SOCIAL BENEFITS. Without prejudice to the provisions of Article 7o. of this Law, the payment of the allowance or the allowance is compatible with the recognition and payment of the social benefits to which the retired civil servant or employee is entitled.

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ARTICLE 9o. PAYMENT OF THE ALLOWANCES AND BONUSES. The allowance or allowance as the case may be, shall be cancelled to each cash beneficiary by the General Treasury of the entity within two (2) months of the issue of the settlement act.

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ARTICLE 10. EXCLUSIVITY OF PAYMENT. The compensation or allowance referred to in the foregoing articles shall be recognised only to civil servants and employees who are bound by the General Comptroller of the Republic before thirty (30) of April 1993.

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ARTICLE 11. BINDING TO AUDITED ENTITIES. Officials and public employees of the Comptroller General of the Republic who have been compensated or have received bonus for the purpose of this Law may be linked to the entity in which they are has exercised the fiscal control or any public entity, understanding the new relationship and the continuity solution.

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ARTICLE 12. NEW CONNECTION TO THE CONTRACT. Officials who have been the subject of compensation or allowance under this Law, may not be linked again to the Comptroller General of the Republic before five (5) years of their disconnection unless the new entry is made by public tender for administrative career positions or is elected Comptroller General of the Republic.

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ARTICLE 13. TRANSIENT. Facultement to the Comptroller General of the Republic for a period not greater than 120 days counted from the date of the sanction of this Law, so that he can advance reconciliation in labor matters, with those officials and employees that having been disengaged in an entity between the first (1o) of January 1993 and the date of the penalty of this Law and whose charge is abolished in the restructuring have initiated ordinary action of claim, before the jurisdiction of the administrative litigation.

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ARTICLE 14. VALIDITY. This Law governs from the date of its promulgation and repeals all that are contrary to it.

The President of the Honorable Senate of the Republic,

JORGE RAMON ELIAS NADER.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

JOSE JATTIN SAFFAR.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government.

Publish and execute.

Dada en Santafe de Bogota, D.C., at nine (9) days

of the month of September of a thousand nine hundred and ninety-three (1993)

CESAR GAVIRIA TRUJILLO

The Minister of Finance and Public Credit,

RUDOLF HOMMES RODRIGUEZ.

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