Whereby Lifetime Pension And Other Benefits For Relatives Of Dead People During Compulsory Military Service Is Established And Dictate Other Provisions

Original Language Title: Por la cual se establece pensión vitalicia y otros beneficios a favor de parientes de personas fallecidas durante la prestación del servicio militar obligatorio y se dictan otras disposiciones

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LAW 447 1998
(July 21)
Official Gazette No. 43,345, of July 23, 1998
Whereby lifetime pension and other benefits for relatives of dead people is established for the provision of conscription and other provisions.

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. DEATH IN COMBAT. From the effective date of this law, the death of the person linked to the armed forces and police for constitutional and legal grounds of compulsory military service, which occurred in combat or as a result of enemy action in conflict international or participating in operations maintenance or restoration of public order, their beneficiaries in the order established by this law, or beneficiaries designated by the borrower person from military service to join, will be entitled to a pension equivalent to a salary and a half ( 11/2) and current monthly minimum. Effective Jurisprudence


PARAGRAFO 1o. Suprímese compensation for death, which currently cause, according to the Military Statute, when these pension cases apply.
PARAGRAFO 2o. The provisions of this article shall also apply in the case of death of loaning person of compulsory military service as a result of wounds received in combat or as a result of enemy action.
Article 2.
. DECLARATION OF DEATH FOR DISAPPEARANCE. It will be made to the civil jurisdiction, under Articles 657, 658 and related sections of the Code of Civil Procedure and entitled to the provisions of article 1. of this law.

ARTICLE 3o. ADDITIONAL countertops. The beneficiaries of the pension recognized in the respective resolution or administrative act that is ordered, are entitled to receive semi-annual Treasury, Ministry of National Defense, equivalent to the entire monthly pension enjoyment May 30 pension allowance and November 30 the respective fiscal year. Each allowance shall be paid within the first two weeks of June and December.
ARTICLE 4.
. MEDICAL SERVICES WELFARE. Legally recognized beneficiaries are entitled to services under the General Health System in the terms established in Law 100 of 1993.

The 5th ARTICLE. BENEFITS. They will be called to receive the income of the deceased, the parents or adoptive parents as recorded in the form of incorporation.
Second order, after having excluded justification parents or adoptive parents of the first order, the benefit will be awarded to the person that the deceased has been designated at the time of the introduction of compulsory military service, in accordance with the General Regime Pension Law 100 of 1993.
PARAGAFO 1o. Establécese as a requirement for the person who will be the beneficiary of the pension upon being recognized to have a minimum age fifty (50) years. Not having this age, the administrative act of recognition will be suspended until the fulfillment of this condition precedent, without the requirement that Article 6 is the start. of this law. Effective Jurisprudence


PARAGAFO 2o. The pension transfer exclusively, may be granted only between a ascending to another parent or between the adoptive parents. You can not move to other relatives. Effective Jurisprudence

ARTICLE 6.
. PRESCRIPTION. The rights enshrined here prescribe in three (3) years from the execution of the act or administrative act. Effective Jurisprudence


Article 7. INFORMAL PROCEDURE. The recognition of the rights enshrined in this law, suffer informal process by the administration in accordance with the requirements of this law.
ARTICLE 8.
. CASES IN DOUBT. The gaps that are filed, will be filled as appropriate to the procedure adopted for the deaths of a professional soldier according to the regulations and laws in this regard.

Article 9. Amend the clause 2o. Article 188 of Legislative Decree number 1211 of 1990, which will read:
"The surviving spouse has no right to grant the pension if at the time of death of Officer or Warrant Officer judicial or extrajudicial there is separation or shown no life together with him, except when the facts which led to divorce, separation, rupture of common life, they have caused no fault of the surviving spouse. "
Amend paragraph of Article 195 of Legislative Decree number 1211 of 1990, which will read:

"The surviving spouse is not entitled to the pension in this article, when at the time of the death of Warrant Officer or there is judicial or extrajudicial sentence of bodies, or of non-life together with him, except when the facts which led to divorce, separation, rupture of life in common, they have caused no fault attributable to the surviving spouse.
spouses who have not established the right to obtain pension transfer under the effect of articles 188 and 195 of legislative Decree 1211 of 1990, will get on, in accordance with this article, when submitted to the Fund Salary Retirement Military Forces, duly authenticated copy of the judgment which it has recognized that law".

Article 10. Amend the 2nd paragraph. Article 20 of Law 352 of 1997, which will remain so.
"Article 20.
Parágafo the 2nd All those people who by court declaration of invalidity or non-existence of marriage, divorce valid court judgment in Colombia or judicial or extrajudicial separation, perdieren the right to provide services as provided by Article 23 of the 2nd paragraph. of this law, may be beneficiaries of SSMP long as the affiliate canceled under the terms set by the CSSMP, the total cost of the PPCD to receive the Plan of Health Services SSMP ".
Amend paragraph a), the 2nd paragraph. Article 23 of Law 352 of 1997, which will read:

Article 23. Paragraph 2o. The right to health services for enrollees reported in paragraphs 5 and 6 of paragraph a) of Article 19 and for beneficiaries of affiliates set out in Article 20 is terminated for the following reasons:
a) To spouse or life partner:
1. Death.
2. By judicial declaration of nullity or non-existence of marriage.
3. By judgment valid divorce in Colombia or by judicial or legal separation, or when it fails to do life together with the member spouse, except when the facts which led to divorce, separation, rupture of life in common cause they shall have been no fault attributable to the beneficiary of these rights spouse.

Article 11. This law applies from the date of its enactment and repeal the provisions that are contrary.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on July 21, 1998.

Ernesto Samper Pizano Minister of Finance and Public Credit, URDINOLA
JOSE ANTONIO URIBE.
The Minister of National Defense, Gilberto Echeverri Mejía
.



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