Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
LAW:
ECUADOR NATIONAL ASSEMBLY
-Reform of the Social Security Law and the
Law of the Bank of the Ecuadorian Social Security Institute for The Administration of the Supplementary Supplementary Funds Closed ............... 1
AUTONOMOUS GOVERNMENTS
DECENTRALIZED
MUNICIPAL ORDINANCES:
-Canton El Pangui: From urbanism, constructions, ornate, beautification and the Plan of Use and Occupation of the Urban Soil (PUOS), in the cantonal header and in populated centers ........................................ 5
-Canton Pucara: For the use of the fixed fund of
girl box ....................................................... 42
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
Of. No. SAN-2014-1800 Quito, 14 November 2014 Engineer Hugo Del Pozo Barrezueta Director of the Official Register In his office Of my considerations: The National Assembly, in accordance with the powers conferred on it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Project of REFORM LAW TO THE LAW OF SOCIAL SECURITY AND THE LAW OF THE BANK OF THE EQUATO-RIANO INSTITUTE OF SOCIAL SECURITY FOR ADMINIS- TRATION OF THE CLOSED SUPPLEMENTARY PRE-VIEWING FUNDS.
S U P L E M E N T O
Ano II r Nº 379
Quito, jueves 20 de
November de 2014
Value: US$ 1.25 + IVA
ING. HUGO ENRIQUE DEL POZO
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44 paginas
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from el 1st de julio de 1895
2 -- Supplement -- Official Registration No. 379 -- Thursday, November 20, 2014
In session on November 11, 2014, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic. As stated in article 138 of the Constitution of the Republic of Ecuador and article 64 of the Organic Law of the Legislative Function, the text of the REFORM LAW TO THE LAW ON SOCIAL SECURITY AND THE LAW OF THE BANK OF THE ECUADORIAN INSTITUTE OF SOCIAL SECURITY FOR THE ADMINISTRATION OF THE CLOSED SUPPLEMENTARY FUNDS, to be used to publish it in the Official Register.
Attentive,
f.) DRA. LIBYA RIVAS ORDONEZ General Secretary
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
CERTIFICATION
I allow you to CERTIFY that the National Assembly discussed and approved the LAW THE SOCIAL SECURITY LAW AND THE LAW OF THE BANK OF THE ECUADORIAN INSTITUTE OF SOCIAL SECURITY FOR THE ADMINISTRATION OF CLOSED SUPPLEMENTARY FUNDS, in the first debate on 31 July 2014; in the second debate on 11 and 25 September 2014; and, its partial objection on 11 November 2014. Quito, 14 November 2014.
f.) DRA. LIBYA RIVAS ORDONEZ General Secretary
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: What, Article 2 of the American Declaration of Human Rights enshrines the equality of rights and duties before the law, in accordance with the provisions of article 11 numeral 2 of the Constitution of the Republic in which it is determined that all persons shall enjoy the same rights, duties and opportunities without distinction of any kind; What, Article 66 numeral 15 of the Fundamental Rule, consecrates the right to develop economic activities individually or collectively in accordance with the principles of solidarity and social responsibility;
That, Article 226 of the Constitution of the Republic establishes the principle of legality by the the institutions of the State, its agencies, agencies, public servants and persons acting under a State power shall only exercise the powers and powers conferred upon them in the Constitution and the Article 341 of the Constitution of the Republic determines that the State will generate the conditions for the integral protection of its inhabitants throughout their lives and to ensure the constitutionally recognized rights; which, according to Article 367 of the Magna Carta: " The social security system is public and universal, will not be able to to privatise and address the contingent needs of the population. The protection of contingencies will be effective through the compulsory universal insurance and its special schemes. The system will be guided by the principles of the national system of inclusion and social equity and by the principles of compulsory, sufficiency, integration, solidarity and subsidiarity. " include public entities, standards, policies, resources, services and social security benefits and will function on the basis of sustainability, efficiency, speed and transparency criteria. The State will regulate, regulate and control activities related to social security. " In Article 370 of the Supreme Rule, it is determined that the Ecuadorian Social Security Institute (IESS), an autonomous entity regulated by the law, will be responsible for the provision of compulsory universal insurance contingencies to its members; whereas, according to Article 372 of the Constitution: " The funds and reserves of compulsory universal insurance shall be separate from those of the tax, and serve to properly meet the aims of its creation and its functions. No State institution may intervene or dispose of its funds and reserves or damage its assets. The public funds and their investments will be channeled through a financial institution owned by the Ecuadorian Social Security Institute; its management will be subject to the principles of security, solvency, efficiency, profitability and control of the competent body "; whereas, by means of Resolution CD-284 of 21 October 2009, the IESS Board of Directors issued the provisions on the transfer of funds accumulated in individual accounts for the guarantee In addition to the IESS to the Cerrado Financial Supplementary Funds; and, powers set out in Article 120 (6) of the Constitution of the Republic
Supplement -- Official Registration No. 379 -- Thursday, November 20, 2014 -- 3
Exasking:
The following REFORM LAW TO THE SOCIAL SECURITY LAW AND THE BANK OF THE ECUADORIAN SECURITY INSTITUTE SOCIAL FOR THE ADMINISTRATION OF THE SUPPLEMENTARY PENSION FUNDS CLOSED. Article 1.- In the Social Security Law, make the following reforms: 1. In Article 220, include after the second
paragraph, the following:
" The Closed Supplementary Pension Funds, which at their origin or in any form have received State contributions, will become administered by the Ecuadorian Social Security Institute through its Bank, through individual accounts. Its management shall be subject to the principles of security, transparency, solvency, efficiency, profitability and the regulations and controls of the competent bodies. The supplementary funds referred to in the preceding paragraph, which have the written request of at least half plus one of the total members, may request the control body to maintain its own private administration, prior to the concurrent compliance with the following conditions:
a) Prove that the contributions to the fund were
made on a voluntary basis. The written authorization of each unit-holder shall be verified for the purpose. Similarly, the fund will prove that the discounts are made without any coercion to the members or third parties.
b) Ensure that the resources allocated in the individual accounts
can be returned to the unit-holders at any time; and,
c) Reintegrate the value of state resources
received by the fund with the respective interest, calculated at the benchmark active rate determined by the Central Bank of Ecuador for each year. "
2. Include the following General Provisions, with
the following text:
" FIRST. - The Monetary and Financial Policy and Regulatory Board and the Ministry of Labor Relations, in the field of their competencies, will issue the regulations and administrative acts that correspond to guarantee the rights acquired by the pensioners from the Closed Supplementary Pension Funds who manage or manage the employer's retirement established in the Labour Code.
SECOND.- The individual accounts of the members of the Complementary Funds Closed Previsionals that go to the administration of the Ecuadorian Institute of Security Social through your Bank, they will be personal and independent of those that the Bank manages.
The constant values in the individual accounts mentioned above, are owned by the unit-holders in accordance with the amounts determine the audits. "
3. Include a Transient Disposition, with the following
text:
" All Closed Supplementary Previewing Funds, whatever their nature, object, or benefits granted, within one hundred and eighty days, counted from the time of the law, must be registered in accordance with the policies and regulations issued by the Board of Monetary Policy and Financial Regulation, in the field of its competencies. "
Article 2.- In the Law of the Bank of the Ecuadorian Social Security Institute, the following reforms: 1. In article 2, after the "Ecuadorian Institute of
Social Security;" and before the conjunction "and", add the following text:
"The Complementary Preview Funds Closed;".
2. In article four, after the numeral "4.1.3",
add:
"4.1.4. Cash and cash services." 3. Following article 4, add the following
article:
"Art. 4A.-From the collection of contributions, credits and payment of benefits.- The collection of the contributions to the Supplementary Pension Funds Closed and the credits to the credits granted through the same, will be made by deduction of salaries and salaries to participants or through other mechanisms to be determined by the Bank of the Ecuadorian Social Security Institute. The Bank of the Ecuadorian Institute of Social Security shall pay the benefits of the Supplementary Pension Funds, including those for retirement or unemployment, when the conditions laid down are fulfilled. to access the same, constants in the Social Security Act and current regulations. "
4. In Article 7, add a paragraph to the end with the
next text:
" The utilities that annually generate the administration of the Closed Supplementary Pension Funds, will be distributed proportionally to each account
5.
5.
5.
5.
5.
5.
5.
5.
5.
5.
5. the following text:
4 -- Supplement -- Official Registration No. 379 -- Thursday, November 20, 2014
"In the event of the permanent absence of the delegate of the active affiliates or the retired delegate, a new contest must be called public of merit and opposition for the selection of their replacements, in accordance with the law. "
6. In Article 12, replace the numbers 20 and
21, with the following:
" 20. Propose to the Board of Directors of the Ecuadorian Social Security Institute projects of reforms to this Law; 21. Make the necessary adjustments to actuarial studies, for the fulfilment of supplementary retirement benefits or other benefits, which have been agreed in each of the funds; and, 22. Other than those which are inherent in their functions. '
7. In the Fifth General Disposition, add a
paragraph to the end with the following text:
" The Monetary and Financial Policy and Regulatory Board, based on yields and in a differentiated manner, will define the value that Administration concept will receive the Bank of the Ecuadorian Social Security Institute. "
8. After the Fifth General Disposition, add
the following General Provisions with the following text:
a) " SIXTH.- Funds from the Funds
Complementary Previsions Closed whose administration The Ecuadorian Social Security Institute will maintain its object and purpose, maintaining the management of independent and separate accounts of the assets of the Bank of the Ecuadorian Institute of Social Security and the other funds you administer.
When the audits are provided in the Code Monetary and financial organic will determine the existence of surpluses, these will be allocated to the individual accounts of each fund, in proportion to the time and the values of contribution of the participants. Also, when these audits determine the existence of losses caused by dolo, gross fault or minor fault of their administrators, they will respond even with their personal assets. For the purposes of the application of this Disposition, they shall be understood as administrators: executive chairman, general manager, legal representative, members of the boards of directors, audit committee, risk committee, committee of investments, benefits committee or those who have exercised such functions. If there are still amounts to be covered, these negative values will be distributed among the participants of each fund in proportion to the time and contribution values of the unit-holders.
b) "SEPTIM A.- The resources of the Funds Closed Previsionals shall be intended exclusively for the payment of the benefits for which they were constituted. "
c)" EIGHTH. - The Bank of the Ecuadorian Institute of
Social Security will adjust its functional organic structure to ensure compliance with the objective of the Law. "
9. After the Ninth Transitional Provision,
add the following Transitional Provisions with the following text:
a) "DECIMAL. - The Bank of the Ecuadorian Institute of
Security, when it assumes the administration of the resources of the Complementary Complementary Funds Closed, will continue to raise the contributions to the funds and the payments of the
b) TENTH FIRST. - For compliance with the
provided for in the third and fourth paragraphs of Article 220 of the Social Security Law, the Monetary and Financial Policy and Regulatory Board, will approve the deadline for the transfer of the Supplementary Funds. Previsionals Closed to the Bank of the Ecuadorian Social Security Institute, proposed by the Superintendency of Banks.
The Board of Monetary and Financial Policy and Regulation will issue the respective regulations for those funds that comply with the with the conditions provided for in this Law to maintain its own administration.
control body, immediately completed audits in reference, will bring to the attention of the Monetary and Financial Policy and Regulatory Board, a report with recommendations on the audits carried out on the funds. The Superintendence of Banks from the beginning of the audits until the effective transfer of the resources of the Complementary Supplementary Funds Closed, will designate a financial controller, in order to protect the resources existing in each fund. In order to promote the transparency of the audit process and the transfer of the administration of the resources of the Ancillary Supplementary Funds Closed, a veedor will be appointed for each of them, in accordance with the provisions of the Law Citizen Participation Organic.
c) TENTH SECOND.- The Policy Board and
Monetary and Financial Regulation will dictate the regulations corresponding to the management of the Closed Supplementary Pension Funds.
The Ecuadorian Social Security Institute through its Bank will guarantee continuity and services, benefits and benefits.
Supplement -- Official Registration No. 379 -- Thursday, November 20, 2014 -- 5
d) TENTH THIRD.- Workers who to date
issue this Act, are working in dependency relationship with Each of the funds that will pass to the Ecuadorian Social Security Institute through its Bank, will retain the rights that the law grants them, according to the employer's responsibility for each fund. "
Article 3.- This Law shall enter into force on the basis of its publication in the Official Register. Given and subscribed, at the headquarters of the National Assembly located in the Metropolitan District of Quito, Pichincha Province, at the eleven days of the month of November of two thousand fourteen.
f.) GABRIELA RIVADENEIRA BURBANO President
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
THE MUNICIPAL DECENTRALIZED GOVERNMENT
OF THE PANGUI
Considering: What, is the faculty of the Autonomous Municipal Decentralized Government of The Pangui will proceed to zone, and establish the rules of the use of the Soil and other related ones according to the new needs of the cantonal development within the urban areas of the Canton. That, it is necessary to regulate the growth of the cantonal header in order to contribute with the planning of its development and thus avoid the speculation of the urban land. In use of the powers provided for in the Organic Code of Territorial Organization, Autonomy and Decentralization.
Exasks: THE FOLLOWING ORDINANZ TO MUNICIPAL OF URBANISM, CONSTRUCTIONS, ORNATO, BEAUTIFICATION AND PLAN OF USE AND OCCUPATION OF THE URBAN LAND (PUOS) IN THE CANTONAL HEADING AND TOWNS OF THE CANTON EL PANGUI
SECTION I
GENERAL CONSIDERATIONS ART. 1 Create the Board of Ornato and Factory that will be the body responsible for regulating the application of this ordinance, will be integrated as follows: Director
Planning who will preside over it, Planning and Planning Councillor Budget, Municipal Commissioner and a Secretary appointed by the Board, the same ones that will be held at least every fifteen days and will respond to their actions before the Council of the Municipal Decentralized Government of El Pangui. In addition, they will have a person at their disposal, the same as the Office of Inspector of the Ornato Board and their duties will be strictly compliant with the provisions issued by the Board of Ornato and Factory. The Plan of Use and Occupation of Soil (PUOS) is the instrument of: ART. 2 DEFINITION: The Plan of Use and Occupation of the Soil (PUOS) is the territorial planning instrument that sets the parameters, regulations and specific rules for the use, occupation, building and enabling of the soil in the cantonal header and Populated Centers. ART. 3 CONTENT: The present ordinance complements the proposal of organization and territorial development established in the Plan of Development and Territorial Ordinance and determines the normative character of the use, occupation and buildability of the soil through the definition of the coefficients and forms of occupation, the volume and height of the building, the characteristics of the areas and the minimum fronts for the clearance of the soil, the categorization, the dimensioning of the system. ART. 4 OBJECTIVE: This ordinance seeks to improve the quality of life of the inhabitants of the Canton, ordering the territorial structure, physical development and distribution of equipment and activities, respecting the heritage culture, the urban image, the morphological characteristics, the natural environment and the road connectivity. ART. 5 INSTRUMENTS OF THE PUOS: The main instruments are the present Ordinance and the following maps: MAP PUOS 1 (URBAN AREA OF THE CITY OF PANGUI), MAP PUOS2 (CENTRAL TOWN OF SAN ROQUE), MAP PUOS3 (PARISH HEAD OF PACHICUTZA), MAP PUOS4 (PAROCHIAL HEADING OF TUNDAYME), MAP PUOS5 (PAROCHIAL HEADING OF THE PEA) MAP PUOS6 (CENTRAL TOWN OF CHUCHUMBLETZA) MAP PUOS7 (TOWN CENTRE OF MIASSI), which refers to uses of the Soil, Tipologia of implantation, height of building. ART. 6 INTERPRETATION AND APPLICATION: The interpretation and application of the provisions of this ordinance in cases not covered by this instrument, or where there is controversy, is the sole and exclusive power of the Board of Ornato and Factory, for which it will have the original documentation of the Ordinance and the reports of the Planning and Territorial Ordinance.
