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.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 13

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Article 1 of the Constitution establishes that El Salvador recognizes the human person as the origin and the end of the activity of the State, which is

organized for the attainment of justice, of security It is a duty of the State to assure the inhabitants of the common good and the legal the Republic, the enjoyment of freedom, health, culture, economic well-being

and social justice.

II.-That article 50 prescribes, that social security constitutes a public service

of a compulsory nature, and that the Law will regulate its scope, extension and form; and also, 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 watch

for its conservation and reset.

III.-That the State in the Education Ramp has verified that they currently exist teachers at the service of the said Ministry suffering from terminal illnesses

which make them impossible to carry out their efficient educational work, and there are others suffering incapacitating diseases who for the need to comply with the prescriptions of your treatment and recovery process,

cannot handle your tasks regularly and properly.

IV.-For the reasons expressed, it is necessary to introduce a special transitional regime

allows teachers diagnosed with terminal and disabling pathologies to enjoy a special benefit for them to have a more dignified and calm life and, at the same time, to be able to continue with medical care and

in hospital because of their illness, to improve their quality of life.

THEREFORE,

in use of their Constitutional powers and at the initiative of the Diputados Norma Fidelia Guevara of Ramírios, Crissia Suhan Chávez García, Ana Marina Alvarenga Barahona and of Deputies Jaime

Gilberto Valdés Hernández and Rodolfo Antonio Martínez, and with the The support of the Diputados and Deputies Guillermo Antonio Gallegos Navarrete, Ana Vilma Albáñez de Escobar, Norman Noel Quijano González, David Ernesto Reyes Molina, Mario Alberto Tenorio Guerrero, Jackeline Noemi Rivera Avalos, Jorge Alberto

Escobar Bernal, Abilio Orestes Rodríguez Menjívar, José Francisco Merino López, Hilda Yessenia Alfaro Molina, Jose Antonio Almendariz Rivas, Rolando Alvarenga Argueta, Rodrigo Avila Avilés, Ana Lucia Baires de Martinez, Luis Alberto Batres Garay, Yolanda Anabel Belloso Salazar, Yohalmo Edmundo Cabrera

Chacon, Jose Vidal Carrillo Delgado, Silvia Alejandrina Castro Figueroa, Norma Cristina Cornejo Amaya, Valentin Aristides Corpeno, Felissa Guadalupe Cristales Miranda, Raul Omar Cuellar, Carmen Elena Calderon de Escalon, Maria Marta Concepcion Valladares Mendoza, Ana Maria Margarita Escobar Lopez, Jose Edgar Escolan Batse, Julio Cesar Fabian Perez, Juan Manuel de Jesus Flores Cornejo, Maria Elizabeth Gomez

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Perla, Medardo González Trejo, Jesús Grande, Estela Yanet Hernández Rodríguez, Karla Elena Hernandez Molina, Samuel de Jesus Lopez Hernandez, Vicente Hernandez Gomez, Juan Pablo Herrera Rivas, Maytee

Gabriela Iraheta Escalante, Bonner Francisco Jimenez Belloso, Ramon Kury Gonzalez, Mauricio Roberto Linares Ramirez, Cristina Esmeralda López, Hortensia Margarita López Quintana, Martir Arnoldo Marin Villanueva, Rolando Mata Fuentes, Maria Otilia Matamoros de Hernandez, Calixto Mejia Hernandez, Misael

Mejia Mejia, Jose Santos Melara Yanes, Julio Cesar Miranda Quezada, Jose Gabriel Murillo Duarte, Ernesto Luis Muyshondt Garcia Prieto, Roger Alberto Blandino Nerio, Ana María Gertrudis Ortiz Lemus, Silvia Estela Ostorga de Escobar, Lisseth Arely Palma Figueroa, José Javier Palomo Nieto, René Alfredo Portillo Cuadra,

Zoila Beatriz Quijada Solis, Nelson de Jesús Quintanilla Gómez, José Nohe Reyes Granados, Lorenzo Rivas Echeverria, Alberto Armando Romero Rodriguez, Carlos Alberto Garcia, Marcos Francisco Salazar Umana, Patricia Maria Salazar de Rosales, Jaime Orlando Sandoval, Karina Ivette Sosa, Manuel Rigoberto Soto

Lazo, Carlos Alfonso Tejada Ponce, Pablo de Jesus Urquilla Granado, Patricia Elena Valdivieso de Gallardo, Juan Alberto Brave Alvarez, Donato Eugenio Vaquerano Rivas, Mauricio Ernesto Vargas Valdez, Delmy Carolina Vásquez Alas, Guadalupe Antonio Vasquez Martinez, Ricardo Andres Velasquez Parker, John

Tennant Wright Sol, Paola Maria Zablah Siri and Carlos Mario Zambrano Campos.

DECCRETA, the following:

SPECIAL TRANSITIONAL REGIME TO GRANT SPECIAL BENEFIT TO TEACHERS DIAGNOSED WITH TERMINAL AND DISABLING PATHOLOGIES, WHO WORK AT

OFFICIAL EDUCATIONAL CENTERS ADMINISTERED BY THE MINISTRY OF EDUCATION.

Art. 1.-Teachers who provide services in the official educational institutions, who suffer from a terminal or incapacitating illness for the exercise of teaching, previously diagnosed, and who wish to avail themselves of this Decree, shall enjoy a special benefit equivalent to the basic salary

that they receive monthly, taking as a reference the accrual at the time of the present Decree.

They will not be subject to the benefits of this Decree those teachers who are enjoying a pension.

The disabling diseases to which I know This Decree refers to those not considered as professional risks, as a result of diseases or accidents that have arisen during the exercise of teaching or at the time of teaching, regulated in Art. 31 of the Law of the Salvadoran Institute Welfare

Magisterial.

Art. 2.-The payment of the special benefit will be effected under the financial responsibility of the

State in the Master of Education; the funds for the payment of the same will be taken from the economies of salary product of the temporary suspension of the places occupied by the beneficiary teachers, for the duration of this Decree.

The Ministry of Education is authorized to carry out the necessary administrative procedures to guarantee the coverage of the service education that is generated from the teacher making use of the benefits contained in this regime special, all in accordance with the provisions of the Provisions

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General of Budgets and the Law of the Teaching Career and its Regulations.

Art. 3.-For the payment of the special benefit to be obtained, there must be a medical opinion issued by the Salvadoran Institute of Magisterial Welfare, which diagnoses the terminal disease and its phase or in its case the disabling disease for the exercise of teaching.

Art. 4.-The teachers who are covered by the benefits of this Decree, will enjoy the medical-hospital services provided by the Salvadoran Institute of Magisterial Welfare, for whose

effects will be made the corresponding deductions of the special capability that they receive.

Art. 5.-The Salvadoran Institute of Magisterial Welfare must inform the

of Education

in the first week of June and December of each year of the validity of this Decree, the health status of each of the teachers.

The special benefit will be suspended by any of the causes included in Art. 29 of the Law of the Salvadoran Institute of Magisterial Welfare.

The benefit granted in this transitional regime, not may be seized, not transferred by act between the living or by cause of death. Nor will it be taxed by any tax.

Art. 6. In order to benefit from the benefits of this Decree, the teacher by himself or by means of

specially empowered president

shall submit a written request to the Ministry of Education, annexed to the opinion referred to in Article 3; Ministry may request the presentation of the examinations and analyses that it deems necessary to establish the ends of the application.

The Ministry of Education is empowered to issue the provisions permitting the application of this special regime.

Art. 7.-For the transitional nature of this special arrangement, the time limit for making and completing the arrangements to enjoy the special benefit is sixty days, counted from the entry into

validity of this Decree.

application ends when the last of the teachers to join this special regime, let

be subject to the benefits of it.

Art. 8.-The provisions contained in this Decree shall prevail over any other

which would be contrary to them.

Art. 9.-For the purposes of this Decree, terminal illness is defined, which

manifests as an advanced, progressive and incurable condition, without response to specific treatment, with multifactorial symptoms.

disabling diseases, any permanent or temporary loss or abnormality of a psychological, physiological or anatomical structure or function. It includes the existence or occurrence of a failure, defect or loss of a limb, organ or body structure, or a defect in a functional system or body mechanism.

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Special benefit is understood, that financial assistance provided by the State means of this special decree to the teachers referred to in it.

Art. 10.-This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, four days of the month of June of the year two thousand fifteen.

LORENA GUADALUPE PEÑA MENDOZA,

PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR,

FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ,

THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the twenty-four days of June of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Carlos Mauricio Canjura Linares, Minister of Education.

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D. O. 115

Took Nº 407 Date: June 26, 2015

FN/pch 22-07-2015

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