ACT 314 OF 1996
Official Gazette No. 42,860, of 22 August 1996
By which reorganizes the Social Insurance Fund of Communications, Caprecom, its legal nature is transformed and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. LEGAL NATURE. The Social Welfare Communications, a public establishment created by Law 82 of 1912, is transformed under this Act in Industrial and Commercial State of the National Order, with legal, administrative autonomy and independent assets, and consequently its budget and personnel regime will be the Public Entities of this kind. It will be linked to the Ministry of Communications and the composition of the Board will be pointing this Act.
Term Notes Article 2.
. OBJECT. The Social Welfare Communications, Caprecom in its legal nature of Industrial and Commercial State, operate in the field of health as Healthcare Promotion Entity (EPS) and as Prestadora Institution of Health (IPS), in line with provisions of Law 100 of 1993 and its implementing regulations, so that it can offer its affiliates the mandatory health plan (POS) in the contributory and subsidized regimes and complementary health plans (PCS) in the contributory scheme. PARAGRAPH 1.
. The Social Welfare Communications, Caprecom in the field of pensions, will operate as an entity administering the Solidarity System Average Premium with Defined benefit for those who were affiliated to March 31, 1994, without prejudice to the free choice enshrined in Law 100 of 1993. PARAGRAPH 2.
. The Social Welfare Communications, Caprecom, to fulfill the functions defined in the preceding article, should be administered independently and in separate accounts resources under pension systems and health, as required by the Act 100 of 1993 and its implementing regulations. This control by the competent bodies. Editor's Notes
ARTICLE 3. FUNCTIONS. The functions of the Social Insurance Fund Communications:
a) Develop the functions assigned to the promoting companies and service institutions Health Law 100 and other regulations that regulate, supplement, amend or repeal;
B) To exercise the contractual activity for the full implementation of its objectives;
C) collect contributions for services in charge;
D) Invest resources so that you can ensure the quality and payment services charge;
E) Address the administration, recognition and payment of pensions and other socio-economic benefits of pensioners and members;
F) Ensure comprehensive services in health social security to its members;
G) The other functions provided by law, decrees and their own statutes.
ARTICLE 4. COMMON FUND PUBLIC NATURE. The Social Welfare Communications, Caprecom, as administrator of Media Prima Solidario scheme with defined benefit, you must create a Common Fund of Public Nature, consisting of the following resources:
a) Membership dues before 31 March 1994, with contractual, legal or regulatory links while remaining affiliated with it;
B) reserves caused by time for payment of old-age pensions or retirement, which should translate employers;
C) The financial returns generated by the investment of its resources. PARAGRAPH 1.
. The pension obligations owed to Caprecom state entities will be gradually canceled within a period of 10 years, this gradualism be agreed between the State entities and the Board of Caprecom. PARAGRAPH 2.
. The legal regime for the administration of the Fund shall be established by Law 100 of 1993 and its implementing regulations. Editor's Notes
The 5th ITEM. DENOMINATION. The entity that is transformed by this law will continue denominating Social Insurance Fund Communications, Caprecom.
ARTICLE 6o. HOME. The address of the Social Prevention Communications, Caprecom, is the city of Santa Fe de Bogota, DC and may establish throughout the national territory regional, zonal or local agencies, as determined by its Board of Directors.
ARTICLE 7. HERITAGE. The assets of the entity shall consist of land, buildings, facilities, equipment, furniture, fixtures and other property now owned by the Social Welfare Communications, Caprecom, and the goods they buy in the future in any capacity, and is increased by:
a) Items that are allocated in the national budget;
B) Securities received by the provision, sale and management of health services, copayments and prorated fees to be established within the Mandatory Health Plan (POS) and Mandatory Health Plan Subsidiary (POSS);
C) Securities received by way of provision of supplementary health plans;
D) The fees for pension administration received from affiliated entities;
E) The assets acquired as a legal entity in any form and by natural or civil fruits thereof;
F) Funds arising from their investments, income and property;
G) donations that give natural or legal, national or foreign or international organizations.
Article 8. RIGHTS. The Social Welfare Communications, Caprecom, will continue to provide comprehensive health services to public employees, officers and pension workers and their respective family members who were affiliated to it, the date of issuance of Law 100 of 1993, as as had been doing, without prejudice to the freedom of association which provides the Act. PARAGRAPH 1.
. Complementary health plans resulting from the difference between the Integral Health Plan has been providing Caprecom to Law 100 of 1993, as a result of Collective Bargaining Agreements in force or that modify the entities linked to the Ministry of Communications, its workers and the POS , will be paid by the employer. PARAGRAPH 2.
. In the case of the Ministry of Communications and related bodies that do not have collective labor agreements with public servants, Supplemental Health Plans referred to in this article shall be borne by the employer under the conditions that have been presented such as established by articles 288 and 289 of Law 100 of 1993
Article 9. COVERAGE. The Social Welfare Communications, Caprecom, from the entry of force of this law will enroll in health, according to their availability and according to the parameters established for EPS, any national or foreign citizen who individually or collective applicant, provided it meets the requirements established by Law 100 of 1993.
ARTICLE 10. governing bodies. Effective Notes
ARTICLE 11. DIRECTOR. Legal representation. The legal representation of the Social Insurance Fund of Communications, Caprecom, will be headed by a Director General who is agent of President of the Republic, their appointment and removal.
Its functions are provided by law and statutes.
ARTICLE 12. CLASSIFICATION OF PUBLIC SERVANTS OF CAPRECOM. Those who hold the positions of Director General, Secretary General, Regional Directors and Heads of Division, are public employees. Other public servants linked to the existing plant personnel to the date of enactment of this law will become official employees.
ARTICLE 13. RIGHTS AND OBLIGATIONS OF THE BOX SOCIAL WELFARE OF COMMUNICATIONS, CAPRECOM. The rights and obligations of Caprecom, the date of enactment of this Act, continue and in charge of the Industrial and Commercial State in favor.
ARTICLE 14. ADAPTATION OF INTERNAL STRUCTURE AND PLANT PERSONNEL. The Board of the Social Insurance Fund of Communications, Caprecom, shall determine the modifications to the internal structure of the Company, the staffing creating, modifying or deleting charges.
ARTICLE 15. RESTRUCTURING. The Board of Caprecom, within three (3) days following the effective date of this law months, adopt or present to the Government for adoption, as appropriate, domestic statutes, the new manual functions, the rules of work and other internal rules necessary to implement the organization and operation of the company. While issuing each other, the laws, statutes and regulations in force at the date of this transformation is applied.
PARÁGRAFO. The restructuring of the Social Insurance Fund of Communications, Caprecom, will be oriented according to the following principles and general rules: be financed entirely with its own resources; It will work in a decentralized and efficient manner; It shall comply with the administrative and technical developments of public administration, for which you can rely on services provided by individuals.
Article 16. This Law governs from its enactment and repeal all provisions that are contrary.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on August 20, 1996.
Ernesto Samper Pizano.
The Minister of Finance and Public Credit, José Antonio Ocampo Gaviria
The Minister of Communications,
JUAN MANUEL TURBAY MARULANDA