By Which Reorganizes The Social Insurance Fund Of Communications, Its Legal Status Is Changed And Other Provisions

Original Language Title: Por la cual se reorganiza la Caja de Previsión Social de Comunicaciones, se cambia su naturaleza jurídica y se dictan otras disposiciones

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1996 ACT 314

(August 20)

Official Journal No. 42,860, dated August 22, 1996

By which the Social Security Fund of Communications, Capprecom, is reorganized, its legal nature is transformed and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. LEGAL NATURE. The Social Security Social Security Fund, established by Law 82 of 1912, is transformed by virtue of this Law into the Industrial and Commercial Enterprise of the State of the National Order, with legal status, administrative autonomy and independent patrimony, and consequently its budgetary and personnel regime, will be that of the Public Entities of this class. It shall be linked to the Ministry of Communications and the composition of its Board of Directors shall be the one indicated in this Law.

Vigency Notes
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ARTICLE 2o. OBJECT. The Social Security Social Security Fund, Capprecom, in its legal nature as Industrial and Commercial Enterprise of the State, will operate in the field of health as a Health Promotion Entity (EPS) and as Health Care Institution (IPS), in accordance with the provisions of Law 100 of 1993 and its regulatory decrees, in such a way that it will be able to offer its members the compulsory health plan (POS) in the contributory and subsidized schemes and plans supplementary health (PCS) in the contributory scheme.

PARAGRAFO 1o. The Social Security Social Security Fund, Caprecom, in the field of pensions, will operate as an administrative entity of the Solidarity Regime of Prima Media with Benefit Defined for those persons. which were affiliated to 31 March 1994, without prejudice to the freedom of choice enshrined in Law 100 of 1993.

PARAGRAFO 2o. The Communications Social Forecast Box, Capprecom, to perform the functions defined in the previous article, must be administered independently and in separate accounts. resources for pension and health systems, as required by Law 100 of 1993 and its regulatory decrees. This is for control by the competent bodies.

Editor Notes
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ARTICLE 3o. FUNTIONS. These are the functions of the Communications Social Forecast Box:

(a) Develop the functions assigned to the sponsoring companies and institutions of health services in Law 100 and other rules that regulate, add, modify or repeal;

b) Exercise contractual activity for the fulfilment of its objectives;

c) Raise the quotes for the services to your office;

d) Invest resources in such a way as to enable them to ensure the quality and payment of the services in their capacity;

e) Understanding the administration, recognition and payment of pensions and other socio-economic benefits of pensioners and affiliates;

f) Ensuring comprehensive health social security services to their affiliates;

g) Others that point to the law, decrees and their own statutes.

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ARTICLE 4. PUBLIC FUND OF PUBLIC NATURE. The Social Welfare Fund for Communications, Capprecom, as the administrator of the Solidarity Regime of Prima Media with defined benefit, shall establish a Common Fund of Nature Public, constituted by the following resources:

(a) The contributions of the members before 31 March 1994, with contractual, legal or regulatory linkage as long as they remain affiliated to the latter;

(b) Reservations for the time caused for the payment of old-age or retirement pensions, which must be transferred by the employer;

c) The financial returns generated by the investment of their resources.

PARAGRAFO 1o. The pension obligations owed by the state entities to Capprecom, will be gradually cancelled within a maximum of 10 years, this graduality will be agreed between the State entities and the Capprecom Board of Directors.

PARAGRAFO 2o. The legal regime for the administration of this Fund will be that established by Law 100 of 1993 and its regulatory decrees.

Editor Notes
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ARTICLE 5o. NAME. The entity that is transformed by this law will continue to be referred to as the Communications Social Security Fund, Capprecom.

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ARTICLE 6o. Domicile. The address of the Caja de Prevention Social de Comunicaciones, Capprecom, will be the city of Santa Fe de Bogota, D.C. and will be able to establish regional, zonal or local dependencies throughout the national territory, as determined by its Board of Directors.

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ARTICLE 7o. HERITAGE. The assets of the entity shall consist of the land, buildings, facilities, equipment, furniture, belongings and other assets currently owned by the Social Security Bank of Communications, Caprecom, and for the goods they acquire in the future to any title, and increase by:

a) The appropriations assigned to you in the National Budget;

(b) The values it receives for the provision, sale and administration of health services, the co-payments and the moderating quotas that are established within the Mandatory Health Plan (POS) and the Mandatory Health Care Plan (POSS);

c) The values that you receive for the provision of supplementary health plans;

(d) The fees to be received from the affiliated entities by pension administration;

e) Goods that as a legal person acquire any title and natural or civil fruits of these;

f) Funds that come from their investments, rents and assets;

g) Donations granted to you by natural or legal persons, national or foreign or international organizations.

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ARTICLE 8o. OF THE RIGHT. The Social Security Social Security Fund, Caprecom, will continue to provide comprehensive health services to public employees, official and pension workers and their respective family group. that they were affiliated with it, to the date of issue of Law 100 of 1993, as it had been doing, without prejudice to the freedom of affiliation provided for by the aforementioned law.

PARAGRAFO 1o. The complementary health plans that result from the difference between the Comprehensive Health Plan that was provided by Caprecom to the Law 100 of 1993, as a result of Collective Conventions in force or that changes to the entities linked to the Ministry of Communications, its workers and the POS, shall be the responsibility of the employer.

PARAGRAFO 2o. In the case of the Ministry of Communications and its assigned entities that does not have Collective Work Conventions with its public servants, the Complementary Health Plans mentioned in the This article shall be assumed by the employer, under the conditions that have been presented as set out in Articles 288 and 289 of Law 100 of 1993.

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ARTICLE 9o. COVERAGE. The Social Security Bank of Communications, Capprecom, as of the entry into force of this law will affiliate in health, according to its availabilities and according to the parameters established for the EPS, to any national or foreign national who, individually or collectively, will request it, provided that it complies with the requirements laid down by Law 100 of 1993.

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ARTICLE 10. STEERING ORGANS.

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Effective Case-law
Previous Legislation
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ARTICLE 11. DIRECTOR. Legal Representation. The legal representation of the Social Security Bank of Communications, Capprecom, will be the responsibility of a Director General who will be the agent of the President of the Republic, of his free appointment and removal.

Their functions are those set by the law and its statutes.

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ARTICLE 12. CLASSIFICATION OF THE CAPRECOM PUBLIC SERVERS. Those who hold the positions of Director General, Secretary General, Regional Directors, and Division Chiefs, will be public employees. The other public servants connected to the existing personnel plant to the date of enactment of this law will become official workers.

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ARTICLE 13. RIGHTS AND OBLIGATIONS OF THE SOCIAL INSURANCE FUND FOR COMMUNICATIONS, CAPRECOM. The rights and obligations that Capprecom has, to the date of enactment of this law, will continue in favor and in charge of the Company Industrial and Commercial of the State.

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ARTICLE 14. ADEQUACY OF THE INTERNAL STRUCTURE AND THE STAFF PLANT. The Board of Directors of the Social Security Bank of Communications, Capprecom, will proceed to determine the modifications to the internal structure of the Company, to the staff plant by creating, modifying, or deleting charges.

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ARTICLE 15. RESTRUCTURING. The Caprecom Board of Directors, within three (3) months of the current law, shall adopt or submit to the Government for adoption, as the case may be, the internal statutes, the new manual of functions, the working regulations and other internal provisions necessary to implement the organisation and operation of the undertaking. As long as they are issued and others, the laws, regulations and regulations in force at the date of this transformation will apply.

PARAGRAFO. The restructuring of the Social Security Bank of Communications, Capprecom, will be oriented according to the following general principles and rules: it must be fully funded with own resources; operate in a deconcentrated and efficient manner; it will be in line with the administrative and technical developments of the public administration, for which it can rely on services provided by private individuals.

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ARTICLE 16. This Law governs from its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., 20 August 1996.

ERNESTO SAMPER PIZANO.

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA.

The Minister of Communications,

JUAN MANUEL TURNAY MARULANDA

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