Law Of Financial Compensation For Services Rendered In The Court

Original Language Title: Ley de Compensación Económica por Servicios Prestados en el Órgano Judicial

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-de-compensacion-economica-por-servicios-prestados-en-el-organo-judicial/archivo_documento_legislativo

1. Decree No. 188 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-the process of administrative restructuring that is going on the Court, including the decrease in the workload, without prejudice to maintain levels of quality and efficiency in all areas of the service.
II.-that is justice to give staff who has served for a long time in the Court or who suffers from some disease that diminishes his capacity for work, the opportunity to have a worthy institution retreat.
III.-that the achievement of that purpose, is necessary to promote, by means of financial compensation, the voluntary retirement of the staff not including the Judicial career, which meet the requirements provided for in this Act.
IV.-that the Judicial organ for this purpose has generated resources from the same budget that has been assigned to it to finance the fulfillment of the provisions of the present law.
Therefore, use of his constitutional powers and at the initiative of the deputies and members Lorraine Guadalupe Pena Mendoza, José Francisco Merino López, Hilda Jessenia Alfaro Molina, Carmen Elena Calderón de Escalón, Rolando Mata sources, Víctor Hugo Suazo Álvarez and Eugenio Donato Vaquerano Rivas.
DECREES: Law of compensation economic for services rendered in organ JUDICIAL article 1.-the present law aims to grant financial compensation to judicial servers not included in the judiciary, who are working under the regimes of law of salaries or contract, and meet a minimum of five years in a row within that organ of the State and are in any of the following conditions (: a) having the age and service time to retire, which requires the respective law; b) be retired or pensioner; (c) that you are enjoying temporary disability issued by the respondent; and (d) those who however not to have the time of service or age to retire, suffering from an illness or disability that limits their ability to work.
Article 2.-the judicial server referred to in this law, which prior to this have been benefited with some similar to the present voluntary retirement plan, is not entitled to the benefit referred to this law.

2. the enjoyment of the compensation that regulate this law, will exclude the beneficiaries of the granting of benefits laying down other regulations at the time of resignation. In the event that the judicial server can host one or another benefit, you must opt for one that allows you to enjoy a higher compensation.
Those who retire to the benefits of this law, not eligible to work in the public sector, either by the regime of wage law or contract during the period of five years.
Article 3.-the financial compensation granted will be calculated on the basis of the last salary earned, multiplied by each year or fraction greater than six months of service row in any dependence of the judiciary, while it exceeds twenty thousand dollars of the United States of America ($20,000.00), and shall be exempt from the payment of income tax.
The number of beneficiaries of such compensation shall be subject to the budgetary availability which has been fixed for this purpose by the Court.
Article 4.-persons who wish to retire in accordance with this law, must submit his resignation with the formalities laid down in article 30-A of the law on Civil Service, with clear expression of its willingness to benefit from compensation that regulate this law, and must be submitted during the period fixed by the Supreme Court for such purposes.
Notice of waiver referred to in the preceding paragraph, shall be submitted to the Directorate of human resources of the Supreme Court of Justice. For staff working in chambers of second-instance, courts of first instance or courts of peace, must submit also copy of the resignation with seal of received to the magistrate or judge respective; and the general coordinator for judicial servers working in common offices integrated judicial centres.
Article 5.-the time of service in the judiciary, the quality of being subject to temporary disability, must be checked with the certificates that extend the premises of human resources of the institution.
The quality of retired or pensioner will be credited by the interested party upon presentation of certified copy or record of the resolution issued by the administering of funds of pensions corresponding, the National Institute of pensions for public employees, Institute of forecasting Social of the armed forces, which will be given in one period not more than five working days from the filing of the application.
The limitation caused by illness must be verified by medical opinion certified by the El Salvador's Social Security Institute, in which that condition is determined.
The amount of the last salary will be established by means of certification extended by the respective auxiliary payer.
Compliance with the requirements that indicate the preceding subparagraphs, shall be verified by an interdisciplinary Committee that will be formed by members designating the President of the Judicial organ for this purpose.

3 article 6.-the amount of the expenditures of the financial compensation referred to in this law, will be financed according to the availability in the budget of the judiciary.
Article 7.-vacancies vacancies resulting from the resignation of the staff which avails the financial compensation that regulate this law, will remain frozen for a period of six months.
Excluded from the previous regulation, the squares of Headquarters, coroners, autopsy assistants, servers that belong to the jurisdictional area and those of the administrative area deemed essential for the normal development of the activities of the judiciary by top management are.
Article 8.-all the resignations that have effects prior to the entry into force of this law, shall not be considered for the enjoyment of the financial compensation to which reference has been made in the previous articles.
Article 9.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, nineteen days after the month of November in the year two thousand and fifteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

4. presidential House: San Salvador, twenty-three days of the month of November in the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Juan Ramon Carlos Enrique Caceres Chavez, Minister of finance.
D. O. N ° 218 volume N ° 409 date: 26 November 2015 SP/adar 21-12-2015 legislative index