Reform The Law Of The Salvadoran's Magisterial Welfare Institute.

Original Language Title: REFÓRMASE LA LEY DEL INSTITUTO SALVADOREÑO DE BIENESTAR MAGISTERIAL.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-del-instituto-salvadoreno-de-bienestar-magisterial/archivo_documento_legislativo



1 Decree No. 415 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that in accordance with articles 50 and 65 of the Constitution, social security is a mandatory public service; and the health of the inhabitants of the Republic constitutes a public good. The State and the people are obliged to ensure their conservation and restoration.
II.-that the law's savings system for pensions, issued by Decree legislative number 927, of dated 20 December 1996, published in the official newspaper Nº 243, volume no. 333, of the 23rd of the same month and year, allows workers teachers in the public sector can be covered by a special programme of sickness, maternity and occupational hazards.
III. that by means of the Legislative Decree No. 485 date 22 of November of 2007, published in the Official Journal No. 236, volume no. 377, dated 18 December of the same year, was issued the law of the Salvadoran Institute of Magisterial welfare, which was created the Salvadoran Institute of Magisterial welfare, whose purpose is the administration of contributions earmarked for the financing of a special program to provide medical assistance and hospital, and coverage of occupational hazards, among others, in favor of teaching public servants who work for the State in the field of education, spouse or cohabitant and children.
IV.-that nowadays, there have been various problems affecting users and users of the Salvadoran Institute of Magisterial welfare to obtain some benefits to which they are entitled, because of which, in order to strengthen the autonomy of the Institute for the benefit of its members, and the health teachers public servants demanding needs It is prevailing to reform comprehensively the law of the Salvadoran Institute of Magisterial welfare.
Therefore, use of his constitutional powers, at the initiative of the deputies and members: Guillermo Francisco Mata Bennett, Karina Ivette Sosa de Lara, Jaime Gilberto Valdez Hernández; of the President of the Republic, by the Minister of education; and with the support of the members and members: Alberto Armando Romero Rodríguez, Roberto José d'Aubuisson Munguia, Carmen Elena Calderón Sol of Escalon, Reynaldo Antonio López Cardoza, Ernesto Antonio Angulo Milla, Marta Lorena Araujo, Lucía de el Carmen Ayala de León, Blanca Estela Reyes Barahona, Eduardo Enrique Barrientos Zepeda, Yohalmo Edmundo Cabrera Chacón, Arcenio D'olmes Carrillo Abarca, Silvia Alejandrina Castro Figueroa , Crissia Suhan Chavez Garcia, Dario Alejandro girls Argueta, Jose Dennis Cordova Elizondo, Valentin Aristides Corpeño, Adam Cortez, Carlos Cortez Hernandez, Blanca Noemi Coto Estrada, Nery Arely Diaz de Rivera, Antonio Echeverria Veliz, René Gustavo Escalante Zelaya, Jorge Alberto Escobar Bernal, Jose Edgar Escolán Batarse, 2 Emma Julia Fabian Hernandez, Julio César Fabian Perez, Juan Manuel de Jesus Flores Cornejo, Jose Rinaldo Garzona Villeda , Norma Fidelia Ramirios Guevara, José Wilfredo Guevara Diaz, Edilberto Hernandez Castillo, José Augusto Hernandez Gonzalez, Estela Yanet Hernandez Rodriguez, Rafael Antonio Jarquin Larios, Benito Antonio Lara Fernández, Audelia Guadalupe López de Kleutgens, Hortensia Margarita Lopez Quintana, martyr Arnoldo Marin Villanueva, Mario Marroquin Mejia, Rodolfo Antonio Martínez, Misael Mejia Mejia, Manuel Vicente Menjívar Esquivel, Rafael Ricardo Morán Tobar, Jose Gabriel Murillo Duarte , Guillermo Antonio Olivo Méndez, Jose Serafin Orantes Rodriguez, Silvia Estela Ostorga de Escobar, Mariella Pinto penalty, Mercedes Manuel Portillo Dominguez, Sergio benign Portillo, Portillo, rule Carolina Ramírez, David Ernesto Reyes Molina, blonde Ronal Rivas Recinos, Jackeline Noemi Rivera Avalos Sonia Margarita Rodriguez Sigüenza, Marcos Francisco Salazar Umaña, Mario Alberto Guerrero Tenorio, Abner Ivan Torres Ventura, Enrique Alberto Luis Valdes Soto, Aristides Ramon Valencia spider , Mario Eduardo Valiente Ortiz, Eugenio Donato Vaquerano Rivas and Guadalupe Antonio Vázquez Martínez.
DECREES the following: reforms to the MAGISTERIAL welfare article 1.-SALVADORAN Institute Act amended the second paragraph of article 1, in the sense of change the indiscriminate use of capital letters, in the following manner: "the Salvadoran Institute of Magisterial welfare, which is referred to as the"Institute", in the text of this law shall deal with the Executive branch through the Ministry of education and your address will be that of the city of San Salvador and must establish offices or agencies in anywhere else in the territory, if needs require it."
Article 2.-Reform paragraph of article 2, first joining a second, and consequently, the current second paragraph becomes paragraph be third subparagraph, in the following manner: "article 2.-the Institute shall provide the service of medical and hospital care, coverage of occupational hazards and the other benefits that this law are expressed, in favor of teaching public servants who work for the State in the field of education" your spouse or partner and their children, through the administration of contributions to the financing of the special programme and the heritage of the Institute.
To enjoy the benefits set forth in the preceding paragraph, teachers public servants who work for other institutions of the State, your spouse or partner and children, and these institutions of the State, may voluntarily join the Institute, provided they are registered in the register of the Ministry of education further, performing functions of teacher in institution which are part and have resigned to the benefits granted by the Salvadoran Social Security Institute.
For the purposes of this law, will be considered as spouses, cohabitants and children who, pursuant to the family code, have such quality."
Article 3.-Reformed subsection first of article 3, in the following manner: 3 "article 3.-the coverage of medical and hospital services that will provide the Institute, will understand preventive medicine with an emphasis on family health, mental health, outpatient medicine, specialized and sub-especializada;" hospitalization for medical treatment, surgeries and care obstetrics and Gynecology; dispensing and administration of medications; diagnostic laboratories clinical, pathological and electro diagnostic support services; Imaging; control programs: children, adolescents, women, adult men and the elderly, as well as specific programmes for chronic diseases; consultation and not cosmetic dental treatment; shall include also the rehabilitation processes for rights-holders, in what refers to the coverage of this law."
Article 4.-Reforming article 4, in the following manner: "article 4.-for the purposes of this law, are teaching public servants all educators who provide services to the State in the field of education, either that her nomination form, performing teaching or work address in their respective schools, or working in technical units of the Ministry of education;" as well as all educators enrolled in the registry further from the Ministry of education, performing teaching functions in other institutions of the State."
Article 5.-Reform article 5 in the following way: "(Art. 5.-Tendrán derecho a recibir la cobertura deel servicio médico hospitalario que brinde el Instituto: a) teachers public servants;"
(b) spouse or cohabitant;
(c) daughters and sons between 21 and 25 years of age, who are studying and depend financially on their parents, children under 21 years of age, who are unmarried or single people, and the disabled, after obtaining the opinion of the Commission, disability rating, defined in the law's savings system for pensions;
(d) the son or daughter of any age, if total invalid and its invalidity had originated being beneficiary, and after obtaining the opinion of the rating Committee of invalidity, defined in the law of the pension savings system.
The affiliation to the Institute for educational civil servants who provide services to the State in the field of education, will be mandatory; and it will be voluntary, the affiliation to the Institute for educational civil servants that accredited as such by the Ministry of education, performing teaching functions in other State institutions.
To receive the services of medical and hospital assistance referred to in this law, it is required that the educational civil servant and their beneficiaries are affiliated and enrolled at the Institute."
Article 6.-Reforming article 6, in the following manner: 4 "(Art. 6.-Quedan excluidos deel Régimen de Salud que regula la presente ley, los servidores públicos docentes siguientes: 1) teachers public servants who provide their services per hour class and which do not accumulate a minimum of sixty hours lesson every calendar month;"
(2) public servants teaching pensioners, which in accordance with the provisions of article 2 of this law, returned to the service of the State;
"((3) the persons mentioned in the literal b) of the preceding article, that work and traded obligatorily to any health procedure."

Article 7.-reforming literals e) and f), of the first subparagraph of article 10 in the following manner: "e) a director-elect from among teachers public servants working in technical units of the Ministry of education on such terms and conditions to be determined by the regulation;
(f) three Directors elected by teachers public servants who provide their services to the State in the field of education play teaching or work in schools, in the form and conditions address determined by the regulation."
Article 8.-Reforming article 13, in the following manner: "article 13.-when a proprietary director appointed by the authority in accordance with article 10 of this law, leave the post permanently, will proceed to appoint or choose the respective substitute by the authority concerned, who shall charge for the remainder of the period which elapsed." While the replacement, will perform the respective substitute.
In the case of a proprietary director elected by any education sector of those represented in the Board of Directors, will assume as owner the respective alternate, who shall exercise the position for the remainder of the period which elapsed; the Board of Directors will open a process of choice to choose who will serve as alternate."
Article 9.-Reforming article 14, in the following manner: "article 14.-the sessions of the Board of Directors can be ordinary and extraordinary and will be held in the building of the Institute, unless they agree to meet at another location." The Board of Directors held regular meeting once each week, prior summons owners and alternate directors two days in advance at least or when so agreed by at least five proprietary directors; and they may operate remarkably, many times considered necessary prior summons of the Presidency. Exceptionally, they may declare permanent, depending on the importance and urgency of the matter it.
The call to ordinary and extraordinary sessions, will be of foreknowledge of all owners and deputy members, under penalty of nullity of the session, if you excluyere any of these.

5. the quorum for ordinary or extraordinary session will be attendance at least half plus one of the proprietary members of the Council.
To make resolutions, requires the affirmative vote of half plus one of the members comprising the Board of Directors. In the event of a tie, the President shall have qualified vote.
When the proprietary directors and their respective alternates attend the same meeting of the Board of Directors, the latest entitled only to voice".
Article 10.-Reforming article 17, in the following manner: "article 17.-owners members of the Board of Directors shall have the right to receive the diets pointing the regulation of this law, unless they can earn more of the value of four sessions in the month, with the exception of the President who will work full-time full and are paid salary and expenses indicated in the respective budget;" the alternates shall enjoy diets only when replacement owners."
Article 11.-reforming the numeral 2) of the first subparagraph of article 19 in the following manner: "2) members with national organizations of partidarista political leadership positions."
Article 12.-reforming the literal d), f), g) and r), article 20, in the following manner: "d) approve promotion and education programs aimed at the prevention of diseases, in order to protect the health of teachers public servants and their beneficiaries;"
f) approve, in accordance with the respective law, draft budget and organizational structure of the Institute, the levels of hierarchy and salary of the staff. The draft budget, once approved by the Board of Directors must be presented to the Ministry of education later than June 30 of each fiscal year that precedes the budget which will apply, in order that this referred to the Ministry of finance to be sent to the approval of the Legislative Assembly;
(g) approve the medical and hospital services, basic services and drugs, pictures as well as benefits and benefits in accordance with the present law;
r) approve the annual report of the results of management, to be submitted to the Ministry of education;"
Article 13.-reform the literal i), added a new literal j), and as a result, the current literal j), k), l), m), n), or), p), and q), become k), l), m), n), or), p), q), and r) respectively of article 22, in the following manner: "i) present to the Board of Directors financial statements and an annual report of activities of the Institute" , within sixty days of the end of the respective year;

6 j) submit to the Board of Directors draft budget of income and expenditure and wages next year, within ninety days following the close of each fiscal year;
(k) subject to the decision of the Board of Directors, all those issues are the competence of this and provide you with the information that is necessary to take decisions;
(l) promote and present the proposal to the Board of Directors for the signing of agreements with different institutions, public or private, or other national and international organizations;
(m) to enact administrative regulations for the proper functioning of the Institute;
(n) appoint, Ascend, punish, remove and grant licenses to the staff in accordance with legal and regulatory standards, prior authorisation of the Board of Directors;
(o) establish functional methods to streamline the administrative procedures of the Institute;
(p) prepare work programmes, coordinate the preparation of studies and research of a technical nature in what refers to contributions, contributions, benefits, and benefits, and submit them to the Board of Directors;
(q) propose to the Board of Directors the creation, transfer or withdrawal of units of the Institute, in any part of the Republic; (y, r) any other that designate you the Board of Directors, this or any other Act and its regulations. "
Article 14.-Reforming article 25 follows: "(Art. 25.-Quedan excluidos de la cobertura deel programa deel Instituto, los servicios siguientes: 1) external prostheses;"
(2) procedures, treatments and consultations relating to plastic surgery, unless such treatment is derived from an accident or illness, causing a functional limitation that is generated during the term of coverage;
(3) delivery of contact lenses;
(4) delivery of medications and supplements for weight loss, unless in the case of pathologies that are justified medically;
(5) delivery of milk of any kind, unless in the case of those pathologies that are justified medically;

(6-7) delivery of vitamins, other than vitamins and minerals prenatal for pregnant women, for children program and vitamins for patients with diseases that warrant it;
(7) the natural products and pharmaceutical specialties used in homeopathic treatments;
(8) delivery of soaps, shampoo and non-medicated tooth paste, cosmetic creams and similar products;
(9) medical supplies of outpatient, with the exception of use to be determined by regulation.
(Lo anterior no inhibirá ael Instituto para brindar los servicios a que se refiere el literal b) of this article, if the same you may be donated by national or international organizations. "
Article 15.-Reforming article 26 in the following manner: "article 26.-when a disease or accident produces a temporary incapacity for work, teaching public servants are entitled to be granted leave to attend their labors for three months, with pay. The payment of that benefit shall be made by the Ministry of education in 100% of base pay and bonuses in his case, that devengare the teacher, or the portfolio of State or institution that deserves to pay the teachers, in the case that your registration has been voluntary."
Article 16.-Reforming article 27 in the following manner: "article 27.-when the incapacity to which the preceding article refers exceeds three months, teaching public server shall be entitled to a grant by the Institute, which will be equivalent to 75% of the monthly base salary to the service of the Ministry of education or the portfolio of State or institution that deserves to pay salary to the teacher;" and where the disability is the result of a disease, the subsidy may not exceed twelve months."
Article 17.-Reforming article 28 in the following manner: "article 28.-the determination of the incapacity for work which is the right to receive subsidy will be provided by the treating physician accredited to the Institute, which shall be granted for periods of not more than three months, unless in conjunction with the same disease exceed twelve months."
Without prejudice to the provisions of the previous paragraph, for purposes of determining the incapacity for work, will also have validity the final rulings issued by boards or Court of the teaching career in interdiction processes completed based on the law of the teaching career and its regulations.

Any public servant teacher shall be paid work while receiving subsidy."

8 article 18.-reforming the literal e), article 29, in the following manner: "e) when dies the subsidized teaching public servant;"
Article 19.-Reforming the first paragraph and the fourth subparagraph of article 30 in the following manner: "article 30.-the Institute may require all examinations and medical tests deemed necessary to verify the suffering of diseases and disabilities who suffer educational civil servants, who protects medical hospital." These servers must undergo exams in mention to be beneficiaries by the condition that it is found with these."" In the event that the information required to institutions or private doctors, this must be requested by the Salvadoran Institute of Magisterial welfare more no later than fifteen working days."
Article 20.-Reforming article 31 in the following manner: "article 31.-shall be granted pension disability on occupational hazards, when there is impairment of the ability to work, as a result of illness or accidents arising during the teaching exercise or on the occasion of the same. Such disability shall be determined, taking into account the extent that affect the powers or skills of the educator to carry out teaching, administrative or technical work, classifying as a total, partial disability or temporary disability.
The ISBM is empowered to qualify if the risk is professional or not. The classification of disability and the percentage of the loss of work capacity, will correspond to the qualifying Commission of invalidity according to the law of the pension savings system."
Article 21.-Reformed subsection first article 40, in the following manner: "article 40.-when the disease is caused deliberately by the educational civil servant was due to his own misconduct, or this does not comply with medical prescriptions for their treatment or cure, not entitled to subsidy or temporary pension, but only that they provide medical services indispensable to safeguard the life of the patient."
Article 22.-Added a third paragraph to article 43 of the following way: "pensions for survival by occupational hazards for beneficiaries laid down in article 2 of this law, deduct the 7.8% to continue the enjoyment of health, of the beneficiaries of such pension coverage."
Article 23.-Reforming article 47 in the following manner: "article 47.-the Institute can develop recreation programs for the benefit of its members and beneficiaries, for which available properties with the aim of providing leisure and recreation in the framework of preventive medicine that the Institute provides."
Article 24.-reform literals to), b), c) and d) of the first subparagraph of article 48, in the following manner: 9 ") whether for examinations and practiced medical tests, or by any other means, is dedujere or the improper or fraudulent use of the services is established, or through falsehood would have obtained them, you will be notified to the alleged infringer so that it contributes to the legal area of the Institute the explanations in writing and accompanying test to undermine the accusations" that has been made him, within a period of ten working days from the next day of the receipt of the notification;
(b) with that answer, or without their response, the legal area should send to board the respective record within a period of three working days, so that pronounced the final resolution;
c) in the event that the Board of Directors deems necessary the practice of additional proof, will return the record to the legal area, within fifteen working days of receipt of the same, so this practice it within eight working days;
(d) the Board of Directors will have to pronounce the final resolution within fifteen working days after the final remission that made the legal area;"
Article 25.-reforming the literal b) and added a d), in the second paragraph of article 49 of the following way: "b) case of diagnoses or treatments, procedures in the basic box of services provided by the Institute, this not could provide them at the time;"
"(d) when I will try drugs that not being included within the respective basic box of drugs of the Institute, and after checking that none of the existing drugs can solve the problems of teaching public server health, are specific or essential to the restoration of the health of the patient."
Article 26.-reforming the literal c) of the first subparagraph of article 50, in the following manner: "c) income generated by the investment of the reserves and operation of the resources of the Institute."
Article 27.-Reforming article 51, in the following manner: "Article 51.-the Institute will be financed through periodic contributions of teachers public servants and by contributions from the Ministry of education and other State institutions where they work educational public servants who have registered voluntarily to the Institute in accordance with the provisions of articles 2 and 4 of this Act."
Article 28.-Reforming article 54 in the following manner: "(Art. 54.-La tasa de cotización ael Instituto, será: 10 a) for coverage of service teachers public servants, 10.5% calculated on the remuneration of teachers." This rate will be distributed in 7.5% of the monthly salary by the State in the field of education or the portfolio of State or institution that deserves to pay the salary to the teacher, and 3.0% in charge of teaching;
(b) for coverage of the service to the children and spouse or cohabitant, quote compulsory teaching public Server Manager will be a dollar with two cents coming into force the present law, monthly compensation received, which will be adjusted on the basis of an actuarial study, and the State in the field of education or the portfolio of State or institution that deserves to pay the teachers will provide three times the contribution of teachers;
(c) to the health coverage of subsidized article 27 or pensioned teachers public servants, will be deducted them 3% charge of the teacher in this quality.
(El estudio actuarial a que se refiere el literal b) of this article, must be carried out every five years or when the Board considers it necessary, according to the need of the service, to determine if this contribution responds to the actual cost of the service subject to this Act and may be modified and adjusted in accordance to the effect of ensuring the financial sustainability of the service. "
Article 29.-Reforming article 55 in the following manner: "article 55.-quotes in charge of educational civil servants, will be deducted wages these accrued periodically, by payers responsible for paying their salaries." It is the responsibility of these payers refer to the Institute the prices established in the previous article, accompanied by a roster of contributors including referral discounts, within ten working days to the of have been made the payment of appropriate wages. Also in cases in which teaching public server should be paid the salary corresponding to the period of prior suspension, in accordance with the law of the teaching career, by having obtained final acquittal, is the responsibility of the charge payer pay such wages, deduct all contributions that ceased to be this.
The breach of the provisions in the paragraph that precedes, shall be punished with a fine to the payer that is equivalent to 10% of the value of the monthly wage which devengare, provided that it is found its intent or negligence.
The sanction referred to in this article shall apply notwithstanding that the payer has to learn that ceased to be dismissed or sent, and the corresponding criminal and administrative liability.
Quotes from teachers public servants subsidized and pensioners by the Institute, will be them deducted from their respective allowance or pension by responsible for paying them.
In cases in which temporary and permanent pensioners partial are also receiving salary, their membership dues discount may only occur on the respective pension."
Article 30.-Reform first and second subparagraphs of article 56 of the following way: 11 "article 56.-fine and the amount of that ceased to be dismissed or sent, must be made effective by the offending payer within thirty days following the day that the resolution establishing them, previous extension of the commandment of income by the Institute has been notified."
After thirty days unless the offender has made effective fine, the Institute sent resolution certification to the Prosecutor General of the Republic so it can make it effective legal action."
Article 31.-Reforming article 57 in the following manner: "Article 57.-when an educator-bearing, in addition to the wage base, bonuses or hours classes, quote the Institute about the accrued total."
Article 32.-Reforming article 58 in the following manner:

"Article 58.-the amount of the contributions by the State in the field of education and other institutions required in accordance with this law, shall be included in the respective budget." "Such contributions must be paid to the Institute together with contributions in charge of teaching public servants affiliates, within the period established in article 55 of this law."
Article 33.-Reforming article 61 in the following manner: "article 61.-the administrative costs of the Institute during each financial year, shall not exceed 10% of current income."
Article 34.-Reforming the second paragraph, and joining a third subparagraph article 64 in the following way: "the surpluses generated in budget execution, as well as those who set them up at the end of the year, will be included in the period in accordance with the provisions of the organic law of financial administration of the State and its regulations, making upgrades to the respective budgets which will be authorized by the Governing Council of the Institute and should be made of the knowledge of the General Directorate of accounting and General budget address, both the Ministry of finance."" Made the additions referred to in the preceding paragraph, these must be sent to the Legislative Assembly for its approval."
Article 35.-Reforming article 66, in the following manner: "article 66.-the President of the Board of Directors will be who authorize expenditures of the Institute, and may delegate these powers to other officers or employees of the Institute, prior authorisation of the Board of Directors."
Article 36.-Reforming article 70, in the following manner: "article 70.-periodically, the Institute will evaluate the provision of health services provided by its suppliers to the same users, as well as complaints and complaints about medical practice, 12 Professional and ethics of such service providers."
Article 37.-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 eleven days of the month of July in the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the nine days of the month of August two thousand thirteen year.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Franzi Hasbun Barake, Minister of education Ad-Honorem.

13 D. OR. No. 147 Tome Nº 400 date: August 14, 2013 SV/ielp 10-09-2013 legislative index