Transitional Regime Special To Grant Special Allowance To Teachers Diagnosed Pathologies Terminals And Disabling, That Working In Schools Officers, Administered By The Ministry Of Education.

Original Language Title: REGIMEN TRANSITORIO ESPECIAL PARA OTORGAR PRESTACION ESPECIAL A DOCENTES DIAGNOSTICADOS CON PATOLOGÍAS TERMINALES E INCAPACITANTES, QUE LABORAN EN CENTROS EDUCATIVOS OFICIALES, ADMINISTRADOS POR EL MINISTERIO DE EDUCACIÓN.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/regimen-transitorio-especial-para-otorgar-subsidio-a-docentes-diagnosticados-con-patologias-terminales-e-incapacitantes/archivo_documento_legislativo



1 Decree N ° 13 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the article 1 of the Constitution establishes that El Salvador recognizes the human person as the origin and purpose of the activity of the State, which is organized for the attainment of Justice, the legal security and the common good, and that in consequence the State's obligation is to ensure to the inhabitants of the Republic, the enjoyment of freedom, health, culture, economic well-being and social justice.
II. Article 50 prescribes, that social security is a mandatory public service, and that the law shall regulate its scope, extent and form; and likewise, article 65, stable that the health of the inhabitants of the Republic constitutes a public good, and that the State and the people are obliged to ensure their conservation and restoration.
III.-that the State in the field of education, has verified that there are teachers at the service of the Ministry who have illnesses terminals which make it impossible to carry out its educational work efficient, and others who suffer from disabling diseases by the need to comply with the requirements of his treatment and his recovery process, cannot look work regularly and properly.
IV.-that the reasons expressed, is necessary to introduce a special transitional arrangements allowing teacher diagnosed with Terminal diseases and disabling, to enjoy a special provision to have a more dignified and quiet life and, at the same time, that they can continue with the assistance of medical and hospital because of his condition, to improve their quality of life.
Therefore, use of his constitutional powers and at the initiative of the members Norma Fidelia Guevara de Ramirios, Crissia Suhan Chávez García, Ana Marina Alvarenga Barahona and the deputies Jaime Gilberto Valdés Hernández and Rodolfo Antonio Martínez, and with the support of the deputies and deputies Guillermo Antonio Gallegos Navarrete, Ana Vilma Albanez de Escobar, Norman Noel Quijano González , David Ernesto Reyes Molina, Mario Alberto Guerrero Tenorio, Jackeline Noemi Rivera Jorge Alberto Escobar Bernal, Abilio Orestes Rodriguez Menjivar, Avalos, Jose Francisco Merino López, Hilda Yessenia Alfaro Molina, José Antonio Almendáriz Rivas, Rolando Alvarenga Argueta, Rodrigo Castro Figueroa Ávila Avilés, Ana Lucia Martinez Baires, Luis Alberto Batres Garay, Yolanda Anabel Belloso Salazar, Yohalmo Edmundo Cabrera Chacón, José Vidal Delgado Carrillo, Alexandrian Silvia , Norma Cristina Cornejo Amaya, Valentin Aristides Corpeño, Felissa Guadalupe crystals Miranda, Raul Omar Cuellar, Carmen Elena Calderón de Escalón, María Marta Concepción Valladares Mendoza, Ana María Margarita Escobar López, José Edgar Escolán Batarse, Julio César Fabian Perez, Juan Manuel de Jesus Flores Cornejo, Maria Elizabeth Gomez 2 Pearl, Medardo Gonzalez Trejo, big Jesus, Estela Yanet Hernandez Rodriguez, Karla Elena Hernandez Molina , Samuel de Jesus Lopez Hernandez, Vicente Hernández Gómez, Juan Pablo Herrera Maytee Gabriela Iraheta Escalante, Rivas, Ramón, Bonner Francisco Jiménez Belloso Kury Gonzalez, Mauricio Roberto Linares Ramirez, Cristina Esmeralda López, Margarita López Quintana hydrangeas, martyr Arnoldo Marin Villanueva, Rolando Mata Fuentes, María Otilia Matamoros Hernandez, Calixto Mejia Hernandez, Misael Mejía Mejía, José Santos Melara Yanes, Julio Cesar Miranda Quezada, Jose Gabriel Murillo Duarte , Ernesto Luis Muyshondt García Prieto, Silvia Estela Ostorga de Escobar, Alberto Roger Blandino Nerio, Ana Maria Gertrudis Ortiz Lemus, Lisseth Arely Palma Figueroa, Jose Javier Palomo grandson, Rene Alfredo Portillo block, Zoila Beatriz jaw Solis, Nelson de Jesus Quintanilla Gómez, José Nohe Reyes Granados, Lorenzo Rivas Echeverria, Alberto Armando Romero Rodriguez, Marcos Francisco Salazar Umaña, Carlos Alberto Garcia, Patricia Maria Salazar de Rosales , Jaime Orlando Sandoval, Karina Ivette Sosa, Manuel Rigoberto Soto loop, Carlos Alfonso Tejada Ponce, Pablo de Jesus Granado Urquilla, Patricia Elena Valdivieso of Gallardo, Juan Alberto Valiente Alvarez, Eugenio Donato Vaquerano Rivas, Mauricio Ernesto Vargas Valdez, Delmy Carolina Vásquez wings, Guadalupe Antonio Vásquez Martínez, Ricardo Andres Velasquez Parker, John Tennant Wright Sun, Paola Maria Zablah Siri and Carlos Mario Zambrano fields.
DECREES the following: regime transitional special for grant provision special to teacher DIAGNOSED with pathologies TERMINALS and disabling, that working in centres educational official, administered by the Ministry of education.
Article 1.-teachers who provide their services in the official schools, which suffer from a disease that is terminal or debilitating for the teaching, previously, diagnosed and who wish to benefit from this Decree, shall enjoy a special benefit equivalent to the base pay they receive every month, taking as a reference the accrual at the time of coming into force of this Decree.
Those teachers who are enjoying pensions shall not subjects of the benefits of this Decree.
Disabling diseases referred to in this Decree are those not considered as occupational hazards, as a result of illness or accidents arising during the exercise of teaching or on the occasion of the same, regulated in article 31 of the law of the Salvadoran Institute of Magisterial welfare.
Article 2.-the payment of the special allowance shall be made under the financial responsibility of the State in the field of education; funds for the payment of the same will be taken from the economies of salary product to the temporary suspension of the squares that the teachers beneficiaries, occupied during the period the entry into force of this Decree.
The Ministry of education is authorized to carry out the administrative procedures necessary to ensure the coverage of the educational service that is generated from the teacher to make use of the benefits contained in this special regime, in conformity to regulated in the General provisions 3 of budgets and the law of the teaching career and its regulations.
Article 3.-to make the payment of the special provision, there must be a medical opinion issued by the Salvadoran Institute of Magisterial welfare, which diagnose terminal illness and its phase or if the disabling condition for the exercise of the teaching.
Article 4.-the teachers who cover the benefits of this Decree, shall enjoy automisation services provided by the Salvadoran Institute of Magisterial welfare, for whose purposes the corresponding deductions of the special allowance they receive will be.
Article 5.-El Salvadoran Institute of Magisterial Welfare shall inform the Ministry of education, in the first week of the month of June and December of each year of the entry into force of this Decree, the State of health of each teaching the same beneficiaries.
The special allowance is suspended by any of the grounds covered in the article 29 of the law of the Salvadoran Institute of Magisterial welfare.
The provision this transitional regime, granted may not attached, or transfer by Act inter vivos or by cause of death. You are not encumbered by any tax.
Article 6.-to qualify for the benefits of this Decree, the teacher by itself or by means of specially empowered representative, shall submit a written request to the Ministry of education, by appending the opinion referred to in article 3; the Ministry may request the presentation of examinations and tests deemed necessary to establish the request ends.
It empowers the Ministry of education issue provisions that allow for the application of this special scheme.
Article 7.-the transitional nature of this special regime, the time to perform and complete the steps to enjoy the special allowance is sixty days after the entry into force of this Decree.
Your application ends when the last of the teachers who welcome this special regime, ceases to be subjects of the same benefits.
Article 8.-the provisions contained in the present Decree shall prevail over any other that counteract them.
Article 9.-for the purposes of the present Decree refers to terminal illness, one that manifests itself as an advanced, progressive, and incurable, suffering no response to specific treatment, symptoms of multifactorial.
Disabling diseases, any loss or abnormality, permanent or temporary, of a structure or psychological, physiological or anatomical function. Includes the existence or appearance of an anomaly, defect or loss of a limb, organ or body structure, or a defect in the body's mechanism or a functional system.

4. it is understood by special delivery, the financial assistance provided by the State through this special decree referred to in the same teachers.
Article 10.-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, to the four days of the month of June of 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 QUINTA SECRETARIAT. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, twenty-four days after the month of June of the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Carlos Mauricio Canjura Linares, Minister of education.

5 D. o. No. 115 volume no. 407 date: 26 June 2015 FN/pch 22-07-2015 legislative index