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 pensiĆ³n vitalicia y otros beneficios a favor de parientes de personas fallecidas durante la prestaciĆ³n del servicio militar obligatorio y se dictan otras disposiciones

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1998 ACT 447

(July 21)

Official Journal No. 43,345 of 23 July 1998

For which life pension and other benefits are established in favor of relatives of deceased persons during the provision of compulsory military service and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. DEATH IN COMBAT. As of the validity of this law, to the death of the person related to the F.F.A.A. and of the Police on the constitutional and legal grounds of the provision of the compulsory military service, which occurred in combat or as consequence of the action of the enemy, in international conflict or by participating in operations of conservation or restoration of public order, its beneficiaries in the order established in this law, or the beneficiaries designated by the person (i) the right to a life pension equivalent to a pension equivalent to a salary and average (11/ 2) minimum monthly and current.

Effective Case-law

PARAGRAFO 1o. Suprise the death allowance, which is currently caused, in accordance with the Military Statute, when these pension cases are applied.

PARAGRAFO 2o. As set out in this article, it will also apply in the case of death of a person who would be a member of the compulsory military service, as a result of injuries received in combat or as a result of the The enemy's action.

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ARTICLE 2o. DECLARATION OF DEATH BY DISAPPEARANCE. It shall be made by the civil jurisdiction, in accordance with Articles 657, 658 and concordant of the Code of Civil Procedure and shall be entitled to the provisions of Article 1or. of this law.

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ARTICLE 3o. SUPPLEMENTARY MONTHS. The beneficiaries of the pension recognized in the respective decision or administrative act that so directs, shall be entitled to receive semi-weekly from the Treasury, Ministry of National Defense, a pension table equivalent to the entire monthly pension you enjoy on 30 May and 30 November of the respective tax year. Each table must be paid within the first half of the months of June and December.

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ARTICLE 4. MEDICAL CARE SERVICES. The legally recognized beneficiaries will be entitled to the services in accordance with the General Health System in the terms established in the Act 100 of 1993.

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ARTICLE 5o. BENEFITS. They will be called upon to receive the returns of the deceased, the ascending or adoptive parents as recorded in the form of incorporation.

In the second order, upon justification of having excluded ascending or adoptive parents from the first order, the benefit shall be granted to the person whom the deceased has designated at the time of incorporation into the compulsory military service, compliance with the General Pension Regime of the Law 100 of 1993.

PARAGAFO 1o. Set as a requirement for the person who is to be a beneficiary of the pension that at the time of the recognized pension is at least fifty (50) years old. If you do not have this age, the Administrative Act of recognition will be suspended until this suspension condition is met, without starting the prescription that you are dealing with article 6or. of this law.

Effective Case-law

PARAGAFO 2o. The pensional substitution exclusively, can only be granted between an ascending to the other ascending or between the adoptive parents. You will not be able to move to other relatives.

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ARTICLE 6o. PRESCRIPTION. The rights herein are prescribed in three (3) years, counted from the execution of the act or administrative act.

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ARTICLE 7o. the recognition of the rights enshrined in this law will be made official by the administration, in accordance with the requirements laid down in this law.

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ARTICLE 8o. CASES OF DOUBT. The voids to be presented, will be filled in the relevant to the procedure that is adopted, for the cases of death of a professional soldier according to the regulations and the laws in force in this respect.

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ARTICLE 9o. Modify paragraph 2o. Article 188 of the Legislative Decree number 1211 of 1990, which shall be as follows:

" The surviving spouse does not have the right to grant the pension when at the time of the death of the Officer or Subofficer there is judicial or extrajudicial separation of bodies or not living in common with him, except when the facts that they gave rise to divorce, to the separation of bodies, to the rupture of common life, they would have been caused without fault of the surviving spouse ".

Modify the paragraph of Article 195 of Legislative Decree number 1211 of 1990, which will remain so:

" The surviving spouse is not entitled to the pension in question, when at the time of the death of the official or official there is a judicial or extra-judicial sentence of bodies, or he does not live in common with him, except when the The fact that they gave rise to divorce, separation of bodies, the break-up of life in common, would have been caused without fault by the surviving spouse.

Spouses who have not consolidated the right to obtain the pension replacement under the terms of Articles 188 and 195 of Legislative Decree 1211 of 1990 may obtain it henceforth, in accordance with this Article, when present to the Military Forces ' Retirement Pay Fund, a duly authenticated copy of the judicial judgment that has recognized that right. "

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ARTICLE 10. Modify paragraph 2o. Article 20 of Law 352 of 1997, which will remain as follows:

" Article 20.

Paragafo 2o. All persons who, by judicial declaration of invalidity or non-existence of marriage, by a judicial ruling of divorce valid in Colombia or by judicial or extrajudicial separation of bodies, lose the right to the provision of services as ordered by article 23 paragraph 2o. of this law, may be beneficiaries of the SSMP as long as the affiliate cancels, in terms of the CSSMP, the total cost of the PPCD to receive the Health Services Plan of the SSMP. "

Modify literal (a), paragraph 2o. Article 23 of Law 352 of 1997, which will remain so:

Article 23.

Paragraph 2o. The right to the health services for the members reported in the numbers 5 and 6 of the literal (a) of article 19 and for the beneficiaries of the members listed in the article 20, will be extinguished for the following causes:

a) For the spouse or permanent partner:

1. By death.

2. By judicial declaration of nullity or non-existence of the marriage.

3. For a court ruling of divorce valid in Colombia or for judicial or extrajudicial separation of bodies, or when it does not make life in common with the affiliated spouse, except when the facts that gave rise to divorce, to the separation of bodies, to the In the case of a life break in common, the spouse who is the beneficiary of these rights shall be liable without fault.

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ARTICLE 11. This law governs from the date of its promulgation and repeals the provisions that are contrary to it.

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

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., on 21 July 1998.

ERNESTO SAMPER PIZANO

The Minister of Finance and Public Credit,

ANTONIO JOSE URDINOLA URIBE.

The Minister of National Defense,

GILBERTO ECHEVERRI MEJIA.

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