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REGIMES STRENGTHENING LAW
ARMED FORCES SOCIAL SECURITY AND
NATIONAL POLICE
Year IV-No. 867
Quito, Friday, October 21, 2016
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S U P L E M E N T O
2- Friday 21 October 2016 Supplement-Ofi cial Registration No. 867
REPUBLIC OF THE REPUBLIC
Ofi cio No. T. 7329-SGJ-16-614
Quito a, October 19, 2016
Engineer Hugo del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In his office
Of my consideration:
With the number PAN-GR-2016-2492 of 18 of the streams, Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred to the President of the Republic the Draft Law of Strengthening the Special Regiments of the Social Security of the Armed Forces and the Police National, which the Legislative Function discussed and approved, in the first debate on 1 September 2016 and in the second debate on 13 and 17 October 2016.
This law was sanctioned by the Prime Minister on the day of today, October 19, 2016, so that, in accordance with the provisions of Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, remitted to you the above mentioned law in original and in certified copy each, as well as the certificate of discussion, for its corresponding publication in the Official Register.
Additionally, please thank you that once the respective one has been carried out publication, the original copies will be sent to the National Assembly for the relevant purposes.
Intently,
f.) Dr. Alexis Mera Giler SECRETARY GENERAL
C.C.: MRS. GABRIELA RIVADENEIRA BURBANO, PRESIDENT OF THE NATIONAL ASSEMBLY
ANNEX: THE INDICATED
REPUBLIC OF ECUADOR ASSEMBLY NATIONAL
Ofi cio No. PAN-GR-2016-2492
Quito, 18 OCT 2016
Economist Rafael Correa Delgado Constitutional President of the Republic of Ecuador
In his office
Of my considerations:
The National Assembly, in conformity With the privileges conferred on him by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, he discussed and approved the BILL TO STRENGTHEN
THE SPECIAL SOCIAL SECURITY REGIMES ARMED FORCES AND NATIONAL POLICE.
In this virtue and for the purposes provided for in Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, I refer to the authentic and certified copy each of the text of the Draft Law, as well as also the General Secretariat's certification on the dates of the respective debates.
Attentive,
f.) GABRIELA RIVADENEIRA BURBANO, President
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
CERTIFICATION
In my capacity as Temporary General Prosecretary of the National Assembly, I I allow CERTIFY that the National Assembly discussed in the first debate the "BILL REFORMING THE LAW OF SOCIAL SECURITY OF THE ARMED FORCES, THE SOCIAL SECURITY LAW OF THE NATIONAL POLICE AND THE LAW ON THE PENSIONS OF THE FORCES NAVIES", on September 1, 2016; and approved the " BILL TO STRENGTHEN THE SPECIAL SOCIAL SECURITY REGIMES OF THE ARMED FORCES AND THE NATIONAL POLICE ", in second debate on October 13 and 17, 2016.
Quito, October 17, 2016
f.) ABG. GALO PLAZAS DAVILA, Prosecretary General Temporal
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING
What, the State must ensure, without any discrimination, the effective enjoyment of the rights established in the Constitution of the Republic of Ecuador, as stated in Article 3 (1);
That, the numeral 9 of Article 11 of the Constitution of the Republic of Ecuador determines that the highest the duty of the State is to respect and enforce the rights guaranteed in the Constitution;
That, in Article 11, numeral 2 of the Constitution of the Republic of Ecuador, the guarantee and the right of equality of all persons are established, as well as that they will enjoy the same rights, duties and opportunities, not being able to be discriminated against by personal or collective, temporary or permanent distinctions;
Friday 21 October 2016-3Registration Ofi cial Nº 867-Supplement
Which, article 66 (4) of the Constitution of the Republic of Ecuador guarantees the right to formal equality, material and non-discrimination;
That, Articles 367 and 368 of the Constitution of the Republic of Ecuador point out that the social security system is public and that the protection of contingencies will be made effective through universal and compulsory insurance and its In the light of the fact that social security is an integrated system which is guided, inter alia, by the principles of the national system of social inclusion and equity, such as universality, equality, equity, solidarity, non-discrimination, as well as the principles of compulsory, sufi science, integration, solidarity and subsidiarity; and Social security system will operate on the basis of sustainability and efficiency criteria, including all public entities, policies, standards, resources, services and services within such a system, and the regular state and control their activities;
What, Article 370 of the Constitution of the Republic of Ecuador determines that all social security agencies, for constituting a public and integrated system, are part of the comprehensive public health network and the social security system; they also point out that the National Police and the Forces Armed may have a special social security regime, in respect of which the State will guarantee the payment of retirement pensions;
That, Article 371 of the Constitution of the Republic of Ecuador indicates that the benefits of the Social security will be funded, among others, with individual and employer contributions;
The Law of Social Security of the Armed Forces was published in the Supplement to the Register Ofi cial No. 995 of 7 August 1992;
That, the Law of Social Security of the National Police was published in the Register Ofi cial No. 707 of 1 of June 1995;
What, various provisions of the legal order governing social security in the Armed Forces and National Police maintain the lag of discrimination in relation to the quality of persons and their rights against These systems;
What, it is necessary to update various provisions related to the benefits in the Armed Forces and the National Police in order to ensure the sustainability of the special regimes that provide them; and,
That, by means of the Office. MINFIN-DM-2016-354 of July 7, 2016, the Ministry of Finance issued the corresponding previous report.
In exercise of its constitutional and legal powers, it issues the following:
LAW OF STRENGTHENING OF THE REGIMES SECURITY SPECIAL
THE ARMED FORCES AND NATIONAL POLICE
CHAPTER I Of Security Law Reforms
Armed Forces Social
Art. 1.- In Article 1, after the sentence: "Institute of Social Security of the Armed Forces (ISSFA)", incorporate the sentence: "it is part of the social security system and"; additionally, delete the sentence: ", and is not subject to the intervention of the Comptroller General of the State ".
Art. 2.- In Article 2, remove the words: "and social services".
Art. 3.- In Article 3, remove the literal e); and, replace the literal f) with the following: "f) Financing health care programs and provision of medicines;"
Art. 4.- Replace Article 6 with the following:
" Art. 6.-The Board of Directors is composed of the following vowels:
a) The Minister of National Defense or his delegate, who will chair and have a vote of the National Defense;
b) The Head of the Joint Command or his delegate;
c) The Commanders Force generals or their delegates;
d) Two representatives for the passive service personnel; and,
e) A representative for the passive service officers.
The delegates must accredit a third-level title; of technical knowledge and experience in social security or areas of the law. The vowels provided for in the literals (d) and (e) shall be designated in accordance with the provisions of the Rules of Procedure of this Law. "
Art. 5.- In Article 7, in the literal g), remove the words: "and social services"; in the literal h), following the word: "Institute", add the words: " in accordance with this Law and which shall be published in the Register Ofi cial "; and, remove the literal p).
Art. 6.- In Article 8, replace the first paragraph with the following:
" The Director General shall be appointed by the Board of Directors of the ISSFA, from a third party presented by the Minister of National Defense. To be Director General, you will have to credit third-level title and at least five years of experience in similar management activities and social security, and have the Ecuadorian nationality. He will last four years, and can be re-elected for once. The Superintendence competent in matters of social security shall verify compliance with the requirements prior to the designation. "
And in the second paragraph, replace the literal d) with the following: " d) Present to the Board of Directors the balance sheets
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actuarial of the different insurance, in accordance with the periodicity determined by the competent control body in social security; "
Art. 7.- In Article 12, replace the word: "disqualification", by: "incapacity"; and, following the sentence: "value table of disabilities", add: "issued by the National Health Authority"
Art. 8.- In article 16, in literal b), replace the word: "disqualification", by: "incapacity"; and, in the literal d), remove the words: "perceptor of the social services and".
Art. 9.- In Article 17, in literal (a), after the word: "Death", add the following sentence: ", which includes mortuary"; delete the literals (d) and (f); and, the last substitu shall be replaced by the following: " The ISSFA shall administer the Reserve and may grant operating, emergency and emergency operating loans, mortgage loans, and loans pursuant to this Act. "
Art. 10.- In Article 18, replace the first indent by the following: "They are entitled to the benefits provided for in this Law:"
Art. 11.- In Article 20, replace the words: "Life insurance and Mortuary", for: "indemnity for life insurance and funeral allowance".
Art. 12.- Replace Article 21 with the following:
" Art. 21.-The retirement insurance is the benefit that consists in the payment of a life pension in money to the insured who is separated by the discharge of the active service in the Armed Forces, having accredited a minimum of twenty-five years of service asset and cash in the Institution, and met the requirements set forth in the Act.
The withdrawal insurance will also be granted to the insured who is forcibly separated by the discharge of the active duty in the Armed Forces, having accredited a minimum of twenty years of active and effective service in the institution, and complied with the requirements set out in the Act, exclusively in any of the following cases:
a) For not being able to continue the military race for lack of corresponding organic vacancy;
b) For having been declared missing, compliance with the provisions of the Armed Forces Personnel Act;
c) By sickness or invalidity, after the period of availability has been met, in accordance with the provisions of the Armed Forces Personnel Act; and
d) death. '
Art. 13.- Replace Article 22 with the following:
" Art. 22.-The basis for the calculation of retirement pensions will be determined by taking into account the average of the
sixty best military assets recorded up to the date the discharge occurs.
The retirement pension will be determined by the form of calculation laid down for the ordinary retirement provision of the general social security scheme and shall be subject to the maximum and minimum levels laid down in that scheme. '
Art. 14.- Replace Article 27 by the following:
" Art. 27.-The insured person on active duty who is invalid without having completed twenty years of service and who has established a minimum of five years of active and effective service in the institution, is entitled to an invalidity pension to be determined on the basis of the basis for the calculation envisaged for retirement pensions as provided for in the first indent of Article 22 of this Law, and according to the form of calculation laid down for the invalidity benefit of the general scheme of social security.
The invalidity pension shall be subject to the maximum and minimum levels laid down in the general social security scheme. "
Art. 15.- In Article 30, remove the word: "disqualification"; and after the words: "active service", add: "out of service acts".
Art. 16.-In 31, in literal (a), replace the words: "free, stable and monogamic union", by: "legally recognized union"; in literal (b), replace the words: "completely and permanently disabled", by: " with total permanent incapacity and absolute permanent incapacity '; delete the literal (c); in the literal d), replace the words:' completely and permanently incapacitated ', by:' with total permanent incapacity and absolute permanent incapacity '; the literal (e), replace the words: " 50% (50%) of the original by the deceased ', by:' to the pension of montepio per orphan '; and, replace the last indent by the following:' The widower or the widow or the survivor of the union in fact, legally recognised, where he is the sole or only beneficiary of the (a) a pension for a widow's pension, he will receive 60% of the income corresponding to the deceased. If there is a family group, 60% shall be given to the widow and the remaining 40% shall be divided in proportion to the number of children or young daughters of age who are entitled. '
Art. 17.-In 32 (b) and (c), replace the words: "free, stable and monogamic union", by: "legally recognized union"; and, remove the literal (d).
Art. 18.- In Article 34, replace the words: "General Adoptions Regulation", by: "applicable legal order".
Art. 19.- Replace Article 38 with the following:
" Art. 38.-The insured person on active duty who dies as a result of an unprofessional accident or common illness and who has a minimum of five and less than twenty years of service shall be entitled to a montepio's pension.
Friday 21 October 2016-5Registration Office No. 867-Supplement
the amount of which will be determined according to the form of calculation established for the montepio pensions of the general social security scheme, and shall be subject to the the maximum and minimum levels laid down in that scheme. '
Art. 20.- In Article 39, remove the word: ", distraining".
Art. 21.- Replace Article 40 with the following:
" Art. 40.-The initial pension for the family group shall not exceed one hundred per cent (100%) of the retirement or invalidity pension which the deceased would have incurred. '
Art. 22.- Replace Article 41 with the following:
" Art. 41.-The death insurance shall include a subsidy for the rights of the deceased, in or out of service, to cover the costs of their funeral. The value of this benefit is equal to that established for the deceased and retired citizens of the general social security regime.
The aspiring to the official, aspiring to the troops and the conscript who will die in acts of service, will cause The right to payment of the funeral allowance.
This allowance shall be paid by the right holders for widowhood and orphans. In the absence of these, you will be able to claim the allowance for the person who will prove to the ISSFA that the funeral costs have been cancelled. In the absence of any of the above, the ISSFA will assume this obligation and will invest the planned sum for the funeral expenses. "
Art. 23.- Replace Article 43 by the following:
" Art. 43.-The insurance against unemployment protects the military who is separated from the active service by means of the discharge and credits at least two years of active and effective service in the institution. "
Art. 24.- Replace Article 44 with the following:
" Art. 44.-Cessantia insurance is made cash for once in a value equivalent to the fund accumulated in its individual account of the guarantee, which will obtain as financial performance the benchmark passive rate of the Central Bank of Ecuador, provided that meets the requirements and conditions outlined by the Law. This benefit shall also be paid by those entitled to the death of the serviceman on active duty. '
Art. 25.- Replace Article 46 with the following:
" Art. 46.-When the discharged military officer fails to credit at least two years of active and effective service at the institution, and is held to the IESS, this institution shall have the time of termination of the service to access the provision of cessation at the IESS, military service time, in accordance with the rules and procedures of its legislation. In the case of liquidation, account shall be taken of the contribution rates which, in the IESS, finance the benefits of the guarantee, which shall be transferred by the ISSFA to the IESS. "
Art. 26.- Replace Article 50 by the following:
" Art. 50.-In the event of the death of the insured person, they shall be entitled to the return of the fund accumulated by the deceased, in the following order excluding:
a) Daughters and children under the age of eighteen, and daughters and children of any age with total and absolute permanent incapacity and the surviving spouse or the legally recognized living survivor;
b) If there are no rights under the circumstances provided for in the preceding literal, it shall be the right of the surviving spouse or the surviving spouse. order, to their children or daughters; and,
c) In the absence of previous rights holders, parents, or
In the event that two or more rightholders are present and observing the order of exclusion, they will be entitled to an equal and equal distribution of that accumulated fund.
When they are present as (a) the rules on the right of succession are to be observed for such cases in the Civil Code.
It shall not be entitled or shall lose the right to the cease-and- has been convicted by executing sentence as an author, accomplice or concealer of the death of the deceased (a) the person or the person concerned who has the right to benefit from the benefit. "
Art. 27.- In Article 52, replace the words: "free, stable and monogamic union", by: "legally recognized union".
Art. 28.- In Article 53, include the following:
" The sickness and maternity insurance benefits must be granted to insured persons who have complied with the conditions laid down in this Law, even in the cases of employer's arrears. '
Art. 29.- Replace Article 58 with the following:
" Art. 58.-Life insurance is the provision that originates from the death of the military in active service, as well as the death of the aspiring troop, aspiring to an official and conscript that took place in acts of service; and consists of an indemnity intended to compensate for the loss of family income arising from death. '
Art. 30.- Replace Article 60 by the following:
" Art. 60.-The value of the indemnity for life insurance will be fifty thousand dollars from the United States of America (US$ 50,000) for the trade and members of the troops; and the amount will be ten thousand dollars from the United States of America (US$ 10,000) for the aspiring of the official, aspiring troops and conscripts. These values shall be increased at the beginning of each year in the same proportion as the annual average rate of the previous year, established by the entity in charge of national statistics. '
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Art. 31.- In Article 61, in the first indent, delete the words: ", mandatory and potestative,"
Art. 32.- In Article 62, delete the second indent.
Art. 33.- Replace Article 63 with the following:
" Art. 63. The insurance of occupational accidents is the provision intended to compensate for the entry of the military in active service who is incapacitated by sickness or occupational accident, and consists in the payment of a single compensation for incapacity and/or a disability pension. This insurance includes the benefit arising from the death of the military officer in active duty in acts of service or as a result of illness or occupational accident and which is made effective by payment of a pension to be paid to the right to loss of family income.
Compensation for incapacity is the payment in money that is recognized only once for the active-duty military, aspiring to official, aspiring to troop and conscript, depending on whether is qualified as permanent partial incapacity, permanent incapacity or incapacity absolute permanent, in accordance with the value table of disabilities issued by the National Health Authority. The value of the allowance shall not exceed the amount of the life insurance allowance, shall be differentiated according to the type of disability, and its calculation shall be made in accordance with the Regulation of this Law.
The disability pension is the (a) a life income that is granted to the active-duty military officer, an applicant for an official, an aspiring troop and a conscript, a qualified person with total permanent incapacity or an absolute permanent incapacity. This pension is equivalent to 80% (80%) of the monthly average of the last year's military in the case of total permanent incapacity, and 100% (100%) of the monthly average of the military last year in the case of absolute permanent incapacity. The calculation in the case of an applicant for an official, an aspiring troop and a conscript will be made on the basis of a soldier's military service in his first year of service.
The amount of the montepio pension that causes the military insured in active service (a) die in acts of service or as a result of sickness or occupational accident, shall be equivalent to the total permanent disability pension which would have been paid to him at the time of his death, even if he had not received such a pension.
The applicant to be an official, aspiring to troop and conscript that they will die in acts of service, or result of a professional accident, he or she shall be entitled to a montepio pension equal to 70% (70%) of the total permanent disability pension which a soldier has been entitled to in his first year of service. In the event of the deceased being promoted post mortem, the value of the montepio pension shall be equivalent to the total permanent disability pension which he has received in the corresponding grade.
The montepio pension in favour of the rights of the insured person who is entitled to a pension for incapacity shall be determined on the basis of one hundred per cent (100%) of the last pension in force at the date of his death.
The montepio pensions shall be subject to the provisions of the Articles 31, 32 and 40 of this Law.
The pensions mentioned in the preceding paragraphs be subject to the maximum and minimum levels laid down in the general social security scheme. '
Art. 34.- Article 64 replace the following:
" Art. 64.-The Military Medical Board of Physicians will face the incapacity of the active-duty military officer, an aspiring official, an aspiring troop and a conscript, based on the assessment of the disabilities issued by the National Health Authority and the respective National Health Authority. Regulation, and will raise its reports to the Board of Caliph of Prstations. "
Art. 35.- Replace Article 65 with the following:
" Art. 65.-For the purposes of this Law, it is understood by partial permanent incapacity, total and absolute the following:
1) Partial Permanent Inability. It is the one that occurs when the active-duty military, aspirant to official, aspiring to troop and conscript, as a result of a professional illness or accident of work presents anatomic reductions or functional disturbances defi (i) the following: (i) the following: (i) the following: (i) the following: (i) the following: (a) the following: This inability is compatible with the performance of the same job with decreased performance.
2) Total Incapacity Total. It is the one that occurs when the active-duty military, aspiring to the official, aspiring to troop and conscript, as a result of an accident of work, or occupational or occupational disease, presents anatomic reductions or disturbances I would like to ask you, Mr President, to give you an example of this. This inability is compatible with the realization of a task other than the one that caused it.
3) Absolute Permanent Incapacity. It is the one that occurs when the active-duty military, aspiring to the official, aspiring to troop and conscript, as a result of an accident of work, or occupational or occupational disease, presents anatomic reductions or disturbances (ii) the term "office" means the right to the right of the person to whom he or she is entitled to work.
Art. 36.- Replace Article 66 with the following:
" Art. 66.-The active-duty military officer, an applicant for an office, an aspiring troop and a registered conscript may be entitled to compensation for incapacity and disability, for the same injury, only where the total permanent incapacity or (a) the right to permanent incapacity for a permanent incapacity to be made, after the respective qualification of the partial permanent incapacity. "
Art. 37.- Replace Article 68 by the following:
Friday, October 21, 2016-7Registration Ofi cial No. 867-Supplement
" Art. 68.-The active-duty military officer has the right to have the Ministry of National Defense deposit monthly in the ISSFA a sum equivalent to one month of military service for each year, starting from the second year of service, and provided that the military has decided not to receive it in a monthly and direct manner from the employer and express it in writing. "
Art. 38.- In article 84, in the second paragraph, replace the word: "disqualification", because of "incapacity".
Art. 39.- Replace Article 93 with the following:
" Art. 93.-The compulsory individual contribution of military personnel in active service to the benefits and services referred to in this Law shall be equivalent to 11 point forty five percent (11.45%) of the monthly military and will serve to cover the following contingencies and concepts:
a) Retirement, invalidity and death insurance, which will include mortuary;
b) Insurance against unemployment;
c) sickness and maternity insurance;
d) Solidarity support for Peasant Social Security;
e) Solidarity support for people with disability; and,
f) Export to cover administrative expenses.
No mandatory contributions may be created to cover contingencies, services or benefits that are not included in this Law.
The percentages of the contribution Mandatory individual for the contingency and concepts defi nids in this article will be defended in the Regulations of this Law. "
Art. 40.- Replace Article 95 with the following:
" Art. 95.-The Ministry of National Defense in its capacity as an employer, will contribute to cover the contingencies of the Armed Forces personnel, corresponding to nine points fifteen percent (9.15%) of the monthly military, to cover the following contingencies and concepts:
a) Retirement, invalidity and death insurance, including mortuary;
b) sickness and maternity insurance;
c) Life insurance and occupational accidents;
d) Solidarity support for insurance Social Peasant; and,
e) Export to cover administrative expenses.
Not eligible pay in the form of compulsory employer contributions, concepts and values which are not included in this Law.
The percentages of the employer's contribution for the contingencies and concepts advocated in this article will be defended in the regulation of this Law. "
Art. 41.- In Article 104, replace the words: "Military Criminal Judge", by: "Competent Judge".
Art. 42.- In Article 105, in the first indent, replace the word: "disqualification", by: "incapacity"; and, following the words: "value table of disabilities", add: "issued by the National Health Authority".
Art. 43.- Replace Article 110 with the following:
" Art. 110.-The pensions granted by the Social Security Institute of the Armed Forces will be increased at the beginning of each year in the same proportion as the average annual rate of the previous year, established by the entity in charge of the national statistics.
Except for such an increase are those pensions which, in each year in which it is applied, exceed the maximum levels for years of contribution, laid down for the general social security scheme. "
Art. 44.- In Article 111, replace the words: "thirteenth, fourteenth and fifteenth", by: "thirteenth and fourteenth".
Art. 45.- Following the added fourth article added following Article 113, by the reform law published in the Supplement to the Register Ofi cial No. 559 of 30 March 2009, add the following number of articles:
" Art ... The active-duty military officer, an applicant to an official, an aspiring troop or a conscript who is providing his services to the date of issue of this reform law, or who enters the institution from that date, will not have the right to life insurance and occupational accident insurance benefits in the case provided for in Article 67.
Art ... The financing of the provision of Cesantia by the members entering into force of this reform law and those members who are engaged in the transitional provision twenty-second shall be carried out by means of a system of total capitalisation with defi nida, whose assets will be differentiated from the current guarantee insurance in advance of the issuance of this reform law, and will operate through individual accounts.
For members who are are in active service and are not part of the new system of contributions and benefits, the Insurance against Cesantia will maintain the financial regime in force in advance of the issuance of this reform law. The payment of the unemployment benefits for these members will be supported by the entire wealth and income of this group.
Art ... The ISSFA may administer only the contributions and services provided in this Law.
Art ... The value table of disabilities issued by the National Health Authority shall consider the specific nature of the military activity. "
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Art. 46.- Add the following Transitional Provisions:
" TWELFTH.-Members who will be in active service in the Armed Forces at the date of issue of this reform law, will be able to access the provision of insurance withdrawal, separating from the active service by means of the discharge, crediting a minimum of twenty years of active and effective service in the institution and complying with the requirements laid down in the Law.
TENTH THIRD.-The pensions of the members which, prior to the issue of this reform law, will be in active service in the Armed forces and which, from the date of entry into force of the same, access the benefits of the withdrawal and invalidity insurance, as well as the pensions which are caused by death due to an unprofessional accident or common illness, calculate according to the following provisions:
1) The basis for the calculation of retirement and invalidity pensions shall be determined by taking into account the average of the sixty best military assets recorded up to the date of the low multiplied by the regulatory factor set in the Regulation of this Act;
For application As provided for in the preceding paragraph, in the first year, counted from the validity of this reform law, the basis for the calculation of retirement and invalidity pensions shall be considered, in addition to the regulatory factor established in the Regulation of this Law, the average of the twelve best military assets. From the second year onwards, each year, the number of selected assets for the average calculation will be increased by twelve, up to the best sixty, which will apply from the fifth year;
2) The retirement pension will be equivalent to the Seventy per cent (70%) of the basis for the calculation set out in numeral 1, with twenty years of active and effective service and three per cent (3%) additional for each year, up to one hundred per cent (100%) of the indicated base, with thirty or more years of active and effective service. For each full month of service, zero point twenty-five percent (0.25%) will be added;
3) The invalidity pension will be equivalent to forty percent (40%) of the base for the calculation indicated in the numeral 1. For each additional year, starting from the sixth, two percent (2%) of the indicated base and zero point sixty-six percent (0.166%) for each additional full month will be recognized;
4) In the event that the amount of the pension, calculated as prescribed in numerals 2 and 3, is higher than the maximum levels for years of contribution, or at the maximum level in the case of invalidity, respectively, laid down in the general social security scheme, a new calculation shall be made of the pension on which the basis of calculation shall be considered, in addition to the regulatory factor laid down in the Regulation Law, the average of the sixty best military assets counted retroactively from the degree with which the insured obtained the discharge and which were in force at the date of issue of the present reform law.
In the event that, after the calculation provided for in the preceding subparagraph, the resulting pension is lower than the levels
maximum for years of contribution, or at the maximum level in case of invalidity, laid down in the general social security scheme, the higher pension to be more favorable to the insured.
For the application of what is foreseen in the First of this number, in the first year, counted from the validity of this reform law, the average of the twelve best military assets that were in force for the issuance of this Law will be taken into consideration. reformatory. From the second year onwards, each year, the number of selected assets for the average calculation will be increased by twelve, until the sixty best assets that were in force at the date of issue of this reform law, which are apply from the fifth year onwards;
5) The retirement pension which is granted on the invalidity of the insured person certifying twenty or more years of active and effective service, as provided for in Article 28, shall be calculated according to the conditions laid down in the numeral 2; and,
6) The montepio pension that is caused by the death of the insured result of an unprofessional accident or common illness, shall be established on the basis of the nominal invalidity pension set out in the numeral 3.
TENTH FOURTH.-For the purposes of the benefits of retirement, invalidity and death insurance the members who are on active duty in the Armed Forces at the date of issue of this reform law, the following provisions shall be observed: withdrawal insurance, Articles 23, 24 and 25; invalidity insurance, Articles 26, 28 and 29; and death insurance, Articles 30, 31, 32, 34, 35, 37, 39, 40 and 41, in force in advance of the The issue of the present reform law.
TENTH FIFTH.-For the application of the benefits of the insurance of the unemployment insurance to the members who will be in active service in the Armed Forces at the date of issue of this Law the provisions of Articles 43, 44, 45, 48 and 50 in force in advance of the issue of this reform law shall be observed; and the following provisions as applicable:
(a) The military officer who is a member of the accredit more than two years and less than twenty years of active and effective service in the institution shall be entitled to a compensation equivalent to the amount of their individual contributions to the Insurance of Cesantia, capitalised at the actuarial interest rate.
b) The military discharged for permanent total incapacity or for death originated outside acts of the service, which accredits more than two and less than twenty years of active and effective service in the Institution, will cause compensation equivalent to the annual capitalization of their individual contributions to the actuarial interest rate.
c) The ISSFA will return to the State the correspon-tooth to the
TENTH SIXTH.
TENTH SIXTH.- For the application of the benefits of the mortuary insurance to the members to be found
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in active service in the Armed Forces to the date of issue of this reform law, the provisions contained in Articles 55 and 57 shall be observed. in advance of the issue of this reform law. The calculation of the benefit shall be performed in accordance with the first paragraph of Article 41 reformed by this Law.
TENTH SEVENTH.- For the application of the life insurance benefits to the members who are in active service in the Armed Forces at the date of issue of this reform law, the provisions contained in Articles 58, 61 and 62 in force in advance of the issuance of this reform law will be observed.
The amount the compensation shall be determined in accordance with the provisions of Article 60 reformed by this Law.
The military personnel in the passive service of retirement pension, disqualification or invalidity, and who are in benefit of the health insurance provided for in Article 59 in force in advance of this reform law, may continue to be insured by paying the corresponding premium.
TENTH EIGHTH.- For the application of occupational accident insurance benefits to members who are on active duty in the Armed Forces to the date of issue of this reform law, the provisions contained in the articles will be observed 63, 64, 65 and 66 in force in advance of the issuance of this reform law.
TENTH NINTH.-For the application of the comprehensive compensation to the members who will be in active service in the Armed Forces to the date of issue of this reform law, the provisions contained in Articles 81, 82 and 83 in force in advance of the issuance of this reform law will be observed.
TWENTIETH.-For the application of individual contributions compulsory and employer to the members who will be in active service in the Armed Forces with Prior to the date of issue of this reform law, the following provisions shall be observed:
(a) The compulsory individual contribution of the military in active service shall be equivalent to twenty-three per cent (23%) of his or her military (a) monthly and shall cover the contingencies provided for in Article 93 in force in advance of the issuance of this reform law, according to the percentages per contingency that up to that date, the staff in active service were contributing.
b) The Ministry of National Defense as an employer, will contribute twenty and Six percent (26%) of the military's monthly military service in active service, to cover the contingencies provided for in Article 95 in advance of the issuance of this reform law, according to the percentages by The Ministry of National Defense (Ministry of National Defense) was contributing.
21ST.-For the implementation of the ISSFA Housing Fund to the members that will be found
in active service in the Forces Armed with the date of issue of this reform law, the provisions contained in the Articles 78, 79 and 80 in force in advance of the issuance of this reform law.
TWENTIETH SECOND.-The members who will be in active service in the Armed Forces at the date of issue of this reform law, and that they are in the degrees of soldier, second, second lieutenant or lieutenant, or their equivalents in each of the Forces, and meet the requirements laid down in the Law, as well as those who obtain discharge until December 31, 2016, may voluntarily move to the new system of contributions and benefits provided for in this Law reformatory, within the period of six months from the date of publication of this Law in the Ofi cial Register.
TWENTIETH THIRD.-Pensions of retirement, invalidity or death insurance provided for in the Law on Security Social of the Armed Forces and that the date of validity of this reform law will be in the course of payment will not be reduced.
TWENTIETH FOURTH.-The State will guarantee the payment of the benefits of the former regime to the expedition of the This is a reform law. "
CHAPTER II Of The Reforms to the Law of
National Police Social Security
Art. 47.- In Article 3, in the first paragraph, after the sentence: "Institute of Social Security of the National Police (ISSPOL)," incorporate the phrase: "it is part of the social security system, and".
Art. 48.- In Article 4, in literal a), replace the words: "Superior Council", by: "Board of Directors".
Art. 49.- Replace Article 5 with the following:
" Art. 5.-The Board of Directors is composed of the following vowels:
a) The Minister of the Interior or his delegate, who will chair and have a vote of the right;
b) The Commander General of the National Police or his delegate;
c) Deputy Secretary of Police or his delegate;
d) The Director General of Personnel or his or her delegate;
e) The National Director of Social Welfare or his delegate;
f) A representative for the passive service members; and,
g) Two representatives of the staff of troops in passive service.
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Delegates must accredit third-level title; in addition to technical knowledge and experience in social security or areas of afi. The vowels provided for in the literals (f) and (g) shall be designated in accordance with the provisions of the Rules of Procedure of this Law.
The Director General of ISSPOL shall act as Secretary, with a voice but without a vote. "
Art. 50.- In Article 6, in the first paragraph, replace the words: "Superior Council", by: "Board of Directors"; and, in literal c), add: ", in accordance with this Law and which shall be published in the Ofi cial Register."
Art. 51.- Replace Article 7 with the following:
" Art. 7.-The Director General shall be appointed by the Board of Directors of ISSPOL, on the basis of a term presented by the Minister of the Interior. To be Director General, you will have to credit third-level title and at least five years of experience in similar management activities and social security, and have the Ecuadorian nationality. He will last four years, and can be re-elected for once. The Superintendence competent in matters of social security shall verify compliance with the requirements prior to the designation. "
Art. 52.- In Article 8, in literals (a), (f), (h) and (j), replace the words "Superior Council", by: "Board of Directors", in the literal (e), replace the words "benefits, services and social assistance", by: " (g) to submit to the Board of Directors the actuarial balance sheets of the various insurance undertakings, in accordance with the periodicity determined by the competent control body in the field of safety and security; social; "
Art. 53.- In Article 10, in literal b), replace the words: "Superior Council", by: "Board of Directors".
Art. 54.- In Article 13, remove literal b); and, in literal c), delete: "Mortuary,".
Art. 55.- In Article 14, replace words: "insurance, services and social assistance", by: "insurance and services".
Art. 56.- Replace Article 15 by the following:
" Art. 15. ISSPOL shall provide the service of the transferee provided for in this Law. "
Art. 57.- In Article 16, in the literal (a), after the word: "Death", add: ", which includes mortuary"; in the literal c), after the word: "Life", add: "and professional accidents"; replace the literal d), by: "Cesantia"; and remove the literals (e), (f) and (g).
Art. 58.- Replace Article 17 with the following: "The ISSPOL shall administer the Reserve Funds and may grant mortgage, chiropractic and financial loans in accordance with this Law."
Art. 59.- In Article 18, in the second indent, replace the words: "Life and Mortuary Insurance",
for: "indemnity for life insurance and funeral allowance".
Art. 60.- In Article 19, in the first indent, replace the words: "benefits, services and social assistance contemplated", by: "benefits and services contemplated".
Art. 61.- In Article 20, replace the words: "Life, Professional Accidents", by: "professional life and accidents".
Art. 62.- In Article 21, in the literal c), replace the word: "disqualification", by: "incapacity"; in the literal d), replace the word: "Invalid", by: "pensioner by invalidity"; in the literal e), replace the word: "Disabled", by: "pensioner for incapacity"; and, remove the literal h).
Art. 63.- Replace Article 24 with the following:
" Art. 24.-The retirement insurance is the benefit that consists in the payment of a life pension in money to the insured who is separated by the discharge of the active duty in the National Police, having accredited a minimum of twenty-five years of service asset and cash in the Institution, and met the requirements set forth in the Act.
The withdrawal insurance will also be granted to the insured who is forcibly separated by the discharge of the active duty in the National Police, having accredited a minimum of twenty years of active and effective service in the institution, and complied with the requirements set out in the Law, exclusively in any of the following cases:
a) For not being able to continue with the police career for lack of corresponding organic vacancy;
b) For having been declared missing, compliance with the provisions of the National Police Personnel Act;
c) By sickness or invalidity, after the period of the transitional situation has been met, in accordance with the provisions of the National Police Personnel Act; and
d) By death. "
Art. 64.- Replace Article 25 with the following:
" Art. 25.-The basis for the calculation of retirement pensions will be determined by taking into account the average of the sixty best police assets recorded up to the date the discharge occurs.
The retirement pension will be determined according to the form of calculation laid down for the ordinary retirement provision of the general social security scheme and shall be subject to the maximum and minimum levels laid down in that scheme. '
Art. 65.- Replace Article 29 by the following:
" Art. 29.-The insured on active duty who is invalid without having served twenty years of service and accredit a
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minimum of five years of active and effective service in the institution shall be entitled to an invalidity pension to be determined on the basis of the calculation of retirement pensions as provided for in the first indent of Article 25 of this Law, and according to the form of calculation laid down for the invalidity benefit of the general social security scheme.
The invalidity pension shall be subject to the maximum and minimum levels laid down in the general scheme of social security. "
Art. 66.- Replace Article 32 with the following:
" Art. 32.-The death insurance is the life benefit in money, to which the right holders of the insured in active service who die outside the service, or of the insured who dies in a passive service with a retirement pension, are made creditors. or invalidity. '
Art. 67.- Replace Article 33 with the following:
" Art. 33.-They are entitled to the montepio pension:
a) The surviving spouse or the person who maintained legally recognized union, and the daughters and children of the deceased insured under eighteen years;
b) Daughters and children over eighteen years of age with total permanent incapacity and absolute permanent incapacity; and,
c) In the absence of the rightholders mentioned in the previous literals, the mother shall be entitled; in the absence of the mother, the father who does not of means to subsist and be disabled. In such cases, the montepio pension shall be equal to the amount of the pension per orphan.
The widower or widow or the survivor of the union in fact, legally recognised, when he is the sole or only beneficiary of the widow's pension, will receive 60% of the income corresponding to the deceased. If there is a family group, 60% shall be given to the widow and the remaining 40% shall be divided in proportion to the number of children or young daughters of age who are entitled. '
Art. 68.- Replace Article 34 with the following:
" Art. 34.-The montepio's pension is lost for the following reasons:
a) For the death of the recipient,
b) By marriage of the widow of widower or when the pensioner has formed a legally recognized union; and,
c) When daughters and sons have entered into marriage or formed a legally recognized union. "
Art. 69.- Replace Article 39 with the following:
" Art. 39.-The insured person in active service who dies as a result of an accident or a non-professional illness and
shows a minimum of five and less than twenty years of service, shall be entitled to a montepio pension, the amount of which shall be determined by the form of calculation laid down for pensions under the general social security scheme and shall be subject to the maximum and minimum levels laid down in that scheme. '
Art. 70.- Replace Article 40 with the following:
" Art. 40.-The montepio's pension in favour of the rightholders of the insured person who dies of retirement or invalidity pension shall be determined on the basis of one hundred per cent (100%) of his last pension in force on the date of his death.
initial pension for the family group shall not exceed one hundred per cent (100%) of the nominal retirement or invalidity pension arising from the deceased. '
Art. 71.- Replace Article 41 with the following:
" Art. 41.-The death insurance shall include a funeral allowance intended for the right-holders of the deceased insured person or pensioner to cover the costs of their funeral. The value of this benefit is equal to that established for the deceased and retired citizens of the general social security system.
The aspiring and aspiring troops who die in acts of the service will be entitled to the payment. (b) the funeral allowance.
The beneficiaries of this allowance shall be beneficiaries of this allowance for widowhood and orphan's. In the absence of these, you can claim the benefit of the person who will prove to the ISSPOL that the funeral costs have been cancelled. In the absence of any of the above, the ISSPOL will assume this obligation and will invest the planned sum for funeral expenses. "
Art. 72.- Replace Article 43 by the following:
" Art. 43.-The insurance against unemployment protects the police who are separated from the active service by means of the discharge and credits at least two years of active and effective service in the institution. "
Art. 73.- Following Article 43, and as an integral part of Chapter IV "Of The Insurance of Cesantia", incorporate the following numbered articles:
" Art ... The guarantee is made cash for once in a value equivalent to the fund accumulated in your individual account of the guarantee, which will obtain as financial performance the benchmark passive rate of the Central Bank of Ecuador, provided it gathers the requirements and conditions referred to in Article 43. This benefit will also be perceived by those entitled to the death of the active duty policeman.
Art ... Where the undischarged police officer does not prove at least two years of active and effective service at the institution, and the IESS is held, the institution shall be able to provide the time of payment to the IESS for access to the provision of cessation at the IESS. police service time, compliance
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with the rules and procedures of your legislation. In the case of liquidation, account shall be taken of the contribution rates which the IESS provides for the benefits of the guarantee, which shall be transferred by the ISSPOL to the IESS.
Art ... In the event of the death of the insured person, they shall be entitled to the return of the fund accumulated by the deceased, in the following order excluding:
a) Daughters and children under the age of eighteen, and daughters and children of any age with permanent and absolute incapacity and the surviving spouse or the legally recognized living survivor;
b) If there are no rights in the cases provided for in the preceding literal, it shall be the right, in their order, to their children; and,
c) In the absence of previous rights holders, the parents, or one of them, of being the case.
In the event that two or more rightholders are present and observing the order of exclusion, they shall be entitled to an equal and equal distribution of that accumulated fund.
When they are entitled to the right of (a) the rules on the right of succession are to be observed for such cases in the Civil Code.
It shall not be entitled or shall lose the right to the cessation of the benefit of the person who has been sentenced by sentence executed as an author, accomplice or concealer of the death of the deceased or of the deudo or have preferential entitlement to the benefit.
Art ... The guarantee shall be administered by the ISSPOL, by means of a total capitalisation scheme with a defi nida contribution, which shall be operated through individual accounts. '
Art. 74.- In Article 45, replace the words: "stable and monogamic free union", by "legally recognized union".
Art. 75.- In Article 46, include the following:
" The sickness and maternity insurance benefits must be granted to insured persons who have complied with the conditions laid down in this Law, even in the cases of employer's arrears. '
Art. 76.- Replace Article 47 with the following:
" Art. 47. The insurance of occupational accidents is the provision intended to compensate for the entry of the police on active duty who is incapacitated by sickness or occupational accident, and consists in the payment of a single compensation for incapacity and/or a disability pension. This insurance includes the benefit arising from the death of the police in active duty in acts of service or as a result of sickness or occupational accident and which is made effective by the payment of a pension to compensate for those entitled to the loss of family income. "
Art. 77.- In Article 48, replace the first paragraph with the following: " Incapacity compensation is the payment in money that is recognized only once to the active duty police, as well as to the applicant to the official and police, depending on whether is qualified as permanent partial incapacity, permanent total incapacity or absolute permanent incapacity, in accordance with the value table of disabilities issued by the National Health Authority. The value of the compensation shall not exceed the amount of the life insurance allowance, shall be differentiated according to the type of disability, and its calculation shall be made in accordance with the Regulation of this Law. "
Art. 78.- Replace Article 49 with the following:
" Art. 49.-The disability pension is the lifetime income granted to the active-duty police officer, the applicant to the office and the police, a qualified person with total permanent incapacity or an absolute permanent incapacity. This pension is equivalent to 80% (80%) of the monthly average of the police in the last year in the case of total permanent incapacity, and 100% (100%) of the monthly average of the police last year in the case of absolute permanent incapacity. The calculation in case of the applicant to the office and police officer will be done on the basis of a police officer in his first year of service.
The total and absolute permanent incapacity results in the separation of the active service.
the montepio pension which causes the active duty police personnel to die in acts of service or as a result of sickness or occupational accident, shall be equivalent to the total permanent disability pension which would have been paid to the at the time of his death, even if he had not received such a pension.
(a) a person who is a person who has died in service or is a result of an accident at work, shall be entitled to a pension equivalent to 70% (70%) of the total permanent disability pension which has been paid to him or her a policeman in his first year of service. In the event of the deceased being promoted post mortem, the value of the montepio pension shall be equivalent to the total permanent disability pension which he has received in the corresponding grade.
The montepio pension in favour of the rights of the active and aspiring police officer and police officer who are entitled to a pension for incapacity shall be determined on the basis of one hundred per cent (100%) of the last pension in force on the date of his death.
(a) a montepio pension shall be subject to the provisions of Articles 33, 34 and 40 of this Law.
pensions referred to in the preceding subparagraphs shall be subject to the maximum and minimum levels laid down in the general social security scheme. '
Art. 79.- In Article 50, replace the first paragraph with the following:
" The active-duty police officer, and the aspiring officer and police officer, qualified with permanent incapacity
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total and absolute permanent incapacity, will access the disability pension and, in addition, will receive the respective disability allowance, in accordance with the Valorative Table of Disabilities issued by the National Health Authority. "
Art. 80.- Following Article 50, add the following numbered article:
" Art ... For the purposes of this Law, partial, total and absolute permanent incapacity is understood as follows:
1) Partial Permanent Inability. It is the case where the active duty police, an applicant to an official and a police officer, as a result of occupational disease or accident at work, have anatomic reductions or functional disturbances as a result of his claim for the exercise of the profession or habitual occupation, without preventing him from carrying out the fundamental tasks. This inability is compatible with the performance of the same job with decreased performance.
2) Total Incapacity Total. It is the case where the active-duty police, applicant for office and police, as a result of an accident at work, or occupational or occupational disease, have anatomic reductions or functional or functional disturbances, who disqualify you for the realization of all or the fundamental tasks of your profession. This inability is compatible with the realization of a task other than the one that caused it.
3) Absolute Permanent Incapacity. It is the case where the active-duty police, applicant for office and police, as a result of an accident at work, or occupational or occupational disease, have anatomic reductions or functional or functional disturbances, that they completely disable him for the exercise of any profession or occupation, requiring another person for their care and permanent care. "
Art. 81.- Replace Article 52 with the following:
" Art. 52.-Life insurance is the provision of money which is intended to provide, for the sole time, the right holders of police personnel in active duty for their deaths, as well as of the applicant to the office and police who die in acts of service, a compensation whose amount is determined in this Law. "
Art. 82.- Replace Article 54 with the following:
" Art. 54.-The value of the indemnity for life insurance will be fifty thousand dollars from the United States of America (US$ 50,000) for the official, classes and police; and the amount will be ten thousand dollars from the United States of America (US$ 10,000) for the aspiring of the female and police officers. These values shall be increased at the beginning of each year in the same proportion as the average annual rate of the previous year, established by the entity in charge of national statistics. '
Art. 83.- In Article 55, delete the sentence: "mandatory as well as potestative,"
Art. 84.- Replace Article 61 with the following:
" Art. 61.-The active duty police officer has the right to have the Ministry of the Interior deposit monthly in the ISSPOL a sum equivalent to one month of police for each year, starting from the second year of service, and provided that the police have decided not to receive it in a monthly and direct manner from the employer and express it in writing. "
Art. 85.- In Article 65, in the second indent, replace the words: "Superior Council", by: "Board of Directors".
Art. 86.- In Article 70, replace the words: "Superior Council", by: "Board of Directors".
Art. 87.- Replace Article 87 with the following:
" Art. 87.-The compulsory individual contribution of police personnel on active duty to finance the benefits referred to in this Law shall be equivalent to 11 point forty five per cent (11.45%) of the monthly police force and shall serve to cover the following contingencies and concepts:
a) The retirement, invalidity and death insurance, which includes mortuary;
b) the insurance against unemployment;
c) sickness and maternity insurance;
d) Solidarity support for insurance Social Campesino;
e) Solidarity support for people with disabilities; and,
f) Export to cover administrative expenses.
No mandatory contributions may be created to cover contingencies, services or benefits that are not included in the National Police Social Security Act.
The percentages The mandatory individual contribution for the contingencies and concepts defended in this article will be defended in the Regulations of this Law. "
Art. 88.- Replace Article 89 with the following:
" Art. 89.-The Ministry of the Interior in its capacity as an employer, will contribute to cover the contingencies of the National Police personnel, in a percentage corresponding to the nine point fifteen percent (9.15%) of the monthly police, to cover the The following contingencies and concepts:
a) Retirement, invalidity and death insurance, including mortuary;
b) sickness and maternity insurance;
c) Life insurance and occupational accidents;
d) Solidarity support for peasant social security; and,
e) Export to cover administrative expenses.
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You will not be able to pay in quality of mandatory employer contribution, concepts and values that are not in this Law.
The percentages of the The employer's contributions to the contingencies and concepts advocated in this article will be defended in the Rules of Procedure.
The employer's contributions from the Ministry of the Interior will be included in the General Budget of the State and will be transferred by the Ministry of Finance to the account of the Social Security Institute of the National Police in the Central bank of Ecuador. "
Art. 89.- Replace Article 92 with the following:
" Art. 92.-For the operation of ISSPOL, the expenditure of operational and administrative staff in general shall not exceed one per cent (1%) of the wage bill of insured persons on active duty. '
Art. 90.- Replace Article 122 with the following:
" Art. 122.-The retirement, invalidity and montepio pensions granted by the Social Security Institute of the National Police shall be increased at the beginning of each year in the same proportion as the average annual rate of the previous year, established by the entity in charge of national statistics.
Except for such an increase are those pensions which, in each year in which it is applied, exceed the maximum levels for years of contribution, laid down for the general scheme of social security. "
Art. 91.- In article 123, instead of: "thirteenth, fourteenth, fifteenth and sixteenth", it shall say: "thirteenth and fourteenth".
Art. 92.- Following on from the fourth item added below, under Article 128, by the reform law published in the Supplement to the Register Ofi cial No. 559 of 30 March 2009, add the following number of articles:
" Art ... The active-duty police, applicant for office and police, who are providing their services to the date of issue of this reform law, or who enter the institution from that date, shall not be entitled to benefits. of life insurance and occupational accident insurance in the case provided for in Article 51.
Art ... ISSPOL may administer only the contributions and services provided in this Law.
Art ... The value table of disabilities issued by the National Health Authority shall consider the specific nature of the police activity. "
Art. 93.- Add the following Transitional Provisions:
" TENTH FOURTH.-The members who will be in active duty in the National Police at the date of
issue of this reform law, will be able to access the retirement insurance, separating from the active service by means of the discharge, crediting a minimum of twenty years of active and effective service in the institution and complying with the requirements laid down in the Law.
TENTH FIFTH.-The pensions of the members who, prior to the issue of this reform law, will be in active service in the National Police and who, as of the date of the entry into force of it, access the benefits of the retirement or invalidity insurance, as well as the pensions that are caused by death due to an unprofessional accident or common illness, be calculated according to the following provisions:
1) The basis for the calculation of retirement and invalidity pensions shall be determined by taking into account the average of the sixty best police assets recorded up to the date when produces the low multiplied by the regulatory factor established in the Regulation of this Law.
application of the provisions of the preceding paragraph, in the first year, counted from the validity of this reform law, the basis for the calculation of retirement and invalidity pensions will consider, in addition to the regulatory factor established in the Regulation of this Law, the average of the twelve best police assets. From the second year onwards, each year, the number of selected assets for the average calculation will be increased by twelve, up to the best sixty, which will apply from the fifth year;
2) The retirement pension will be equivalent to the Seventy percent (70%) of the base for the calculation indicated in the numeral 1. For each additional year of active and effective service it is entitled to three percent (3%) additional up to one hundred percent (100%) with 30 or more years of active and effective service. For each additional full month of service you are entitled to zero point twenty-five percent (0.25%) of the indicated base;
3) The invalidity pension will be equivalent to forty percent (40%) of the base for the calculation indicated in the numeral 1. For each additional full year, starting from the sixth, two percent (2%) of the indicated base and zero point sixty-seven percent (0.167%) for each additional full month will be recognized;
4) In the event the amount of the pension, calculated as prescribed in numerals 2 and 3, is higher than the maximum levels for years of contribution, or at the maximum level in the case of invalidity, respectively, laid down in the general social security scheme, a new calculation of the pension in which it will be considered, in addition to the regulatory factor established in the Regulation of this Law, the average of the sixty best police assets counted retroactively from the degree to which the insured obtained the discharge and which were in force at the date of issue of the present reform law.
In the event that, after of the calculation provided for in the preceding subparagraph, the resulting pension is lower than the maximum levels for years of contribution, or at the maximum level in
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case of invalidity, established under the general social security scheme, the higher pension will be awarded for being more favourable to the insured.
For the application of the provisions of the first paragraph of this numeral, in the first year, counted from the validity of this reform law, the average of the twelve best police assets that were present will be taken into account. in force for the issue of this reform law. From the second year onwards, each year, the number of selected assets for the average calculation will be increased by twelve, until the sixty best assets that were in force at the date of issue of this reform law, which are apply from the fifth year; and,
5) The montepio pension which is caused by the death of the insured person as a result of an accident or non-professional illness, shall be established on the basis of the nominal invalidity pension established in the 3.
TENTH SIXTH.-For the application of the benefits of retirement insurance, invalidity and death to the members who will be on active duty in the National Police at the date of issue of this reform law, the following provisions will be observed: retirement insurance, articles 26 and 27; invalidity insurance, articles 28, 30 and 31; and death insurance, Articles 32, 33, 34, 36, 37, 38, 40 and 41, in force in advance of the issuance of this Reforming Law.
TENTH SEVENTH.- For the application of the benefits of the mortuary insurance to the members who will be on active duty in the National Police at the date of issue of this Law the provisions contained in Articles 57, 58, 59 and 60 in force in advance of the issue of this reform law shall be observed. The calculation of the benefit shall be performed in accordance with the provisions of the first paragraph of Article 41 reformed by this Law.
TENTH EIGHTH.- For the application of the life insurance benefits to the members who are in active service in the National Police at the date of issue of this reform law, the provisions contained in Articles 52, 55 and 56 in force in advance of the issuance of this reform law will be observed.
The amount the compensation shall be determined in accordance with the provisions of Article 54 reformed by this Law.
The police personnel in the passive service of retirement pension, disability or disability, and who are entitled to the life insurance provided for in Article 53 in force in advance of this reform law, may continue to be insured by paying the corresponding premium.
TENTH NINTH.- For the application of occupational accident insurance benefits to members who are on active duty in the National Police to the date of issue of this reform law, will be observed
the provisions contained in the Articles 47, 48, 49 and 50 in force in advance of the issue of this reform law.
TWENTIETH.-For the application of the benefits of the professional indemnity to the members who are in active service in the National Police at the date of issue of this reform law, the provisions contained in Articles 62 and 63 in force in advance of the issuance of this reform law shall be observed.
TWENTIETH FIRST.-For the application of the benefits of the insurance against the members who are in active service in the National Police to the date of issue of this Reforming Law, will be observed the provisions contained in Law No. 79, Law of Service of the National Police Cesantia, published in the Register Ofi cial No. 662 of September 13, 2002; and, The insurance will continue to be administered by the National Police's Cesantia Service, in accordance with its own law.
The payment of the benefits of the National Police's Cesantia Service will be supported with the entire wealth and income; and when the State proceeds to make the guarantee of its payment effective, the This institution shall be exercised by ISSPOL, who shall assume all of its assets, liabilities, contracts, obligations and representations.
TWENTIETH SECOND.-For the application of the compulsory and employer's contributions to the members who are be in active service in the National Police prior to the date of issue of this Reforming Law, the following provisions shall be observed:
1) The mandatory individual contribution of the police on active duty shall be equivalent to 20 and three points ten percent (23.10%) of their monthly police and will cover the Contingency plans provided for in Article 87 in force in advance of the issuance of this reform law, according to the contingency percentages that up to that date, the staff in active service were contributing.
2) Ministry of the Interior as an employer, will contribute twenty-six percent (26%) of the monthly police of the active-duty police, to cover the contingencies provided for in Article 89 in force in advance of the issuance of the This is a reform law, according to the contingency percentages that up to that date, the Ministry of the Interior was contributing.
TWENTIETH THIRD.-For the application of the housing service to the members who will be in active service in the National Police to the date of issue of this reform law, observe the provisions contained in Articles 73, 74, 75 and 76 in force in advance of the issuance of this reform law.
TWENTIETH FOURTH.-Members who will be on active duty in the National Police to the the date of issue of this reform law, and which are in the police grades, second, Lieutenant and Lieutenant
16- Friday, October 21, 2016 Supplement-Ofi cial Registration No. 867
and comply with the requirements set forth in the Act, may voluntarily move to the new quotation and benefit system provided for in the This is a reform law within six months from the date of publication of this Law in the Ofi cial Register.
TWENTIETH FIFTH.-Pensions of retirement, invalidity or death insurance provided for in the Law of Social Security of the National Police, and that the date of validity of this reform law be found in Payment course shall not be reduced.
TWENTIETH SIXTH.-The State shall guarantee the payment of the benefits of the scheme prior to the issuance of this Reforming Law. "
CHAPTER III Of Law Reforms
Armed Forces Personnel
Art. 94.- Following Article 195, add the following unnumbered article:
" Art ... The military personnel who enter the institution from the date of the reform law will have the right to receive, for one time, an economic benefit of five basic salaries of the private worker in force on 1 January. 2015, for each year of service counted from the fifth year and up to a maximum amount of one hundred and fifty single basic salaries, when they are disengaged from the institution by compulsory or voluntary retirement prior to the requirements provided for in Article 21 of the Law on Social Security of the Armed Forces.
For the staff The Ministry of Labor will issue the following five years of service and will not meet the requirements laid down in Article 21 of the Law. the corresponding resolution that establishes the amount of the economic benefi by the disengagement. "
CHAPTER IV Of The Reforms to the Law of
National Police Personnel
Art. 95.- Following article 117, incorporate the following innumbered article:
" Art ... The police personnel who enter the institution after the date of the reform law shall be entitled to receive, for one time, an economic benefit for retirement corresponding to five basic salaries of the private worker, In effect on 1 January 2015, for each year of service counted from the fifth year and up to a maximum of one hundred and fifty one-year basic salaries, at the moment that they are disengaged from the institution by compulsory or voluntary retirement compliance with the requirements laid down in Article 24 of the Law on Social Security of the Police National.
For the police personnel who enter the institution as of the validity of the reform law, I will comply with the five years of service and will not comply with the
requirements set out in Article 24 of the Law, the Ministry of Labor will issue the corresponding resolution that establishes the amount of the economic benefi by the disengagement. "
CHAPTER V Of The Institute Bank Law Reforms
Ecuadorian Social Security
Art. 96.- Include the following General Disposition:
" NINTH.-The Ministry of Finance may allocate resources to the Bank of the Ecuadorian Social Security Institute for this financial institution, through direct operations or through the national financial system, grant mortgage loans, loans, and operating rooms in favor of the personnel of the Armed Forces and National Police, who, as of the entry into force of this reform law, enter the active service. "
REPEAL provisions
expressly repeal all rules of the same or lower hierarchy that oppose this reform law, in particular:
1.-The Pensions Act of the Armed Forces, published in the Supplement to the Register Ofi cial No. 356 of 06 November 1961, which was not valid with the issuance of the Law on Social Security of the Armed Forces, published in the Supplement to the Register Ofi cial No. 995 of 07 August 1992, and the Social Security Law of the National Police, published in the Register Ofi cial No. 707 of June 01, 1995.
2.-Articles 33, 35, 36, 42, 45, 47, 48, 49, 54, 55, 56, 57, 59, 69, 78, 79, 80, 81, 82, 83, 97 and 113 of the Law on Social Security of the Armed Forces.
3.-Articles 17, 35, 36, 37, 41, 42, 47, 48, 49, 50, 53, 57, 58, 59, 60, 62, 63, 64, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 88, 91, 93, 114 and 125 of the National Police Social Security Act.
Single Final Disposition.- This reform law will take effect from the date of its publication in the Ofi cial Register.
Given and subscribed to the headquarters of the National Assembly, located in the Metropolitan District of Quito, province of Pichincha, at the seventeen days of October of two thousand sixteen.
f.) GABRIELA RIVADENEIRA BURBANO President
f.) ABG. GALO PLAZAS DAVILA TEMPORARY GENERAL SECRETARY
NATIONAL PALACE, IN SAN FRANCISCO DE QUITO, METROPOLITAN DISTRICT, TO
NINETEENTH OF OCTOBER OF TWO THOUSAND SIXTEEN.
SANCTION AND ENACT.
f.) Rafael Correa Delgado CONSTITUTIONAL PRESIDENT
OF THE REPUBLIC
