Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 485
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I. That in accordance with Arts 50 and 65 of the Constitution of the Republic, social security constitutes a compulsory public service; and, on the other
health of the inhabitants of the Republic constitutes a good public, to which the State and people are obliged to ensure their conservation and restoration.
II. That based on the Law on Medical and Hospital Services for the Magisterium, issued by Legislative Decree No. 588 dated February 22, 1968,
published in Official Journal No. 41, Volume No. 218, of the 28th of the same month and year, and the Law of Assistance of the National Magisterium, issued by Legislative Decree No. 379, dated July 6, 1971, published in the Official Journal No.
131, Volume 232, of the 18th of the same month and year, medical services have been provided In the case of the public sector and its family group, the hospital and the public sector responsibility of the Ministry of Education, through the National Directorate of Magisterial Welfare of that
Secretariat of State.
III. That based on the Pension Savings System Law, issued by
Legislative Decree No. 927 dated December 20, 1996, published in Official Journal No. 243, Volume No. 333, of the 23rd of the same month and year, the Public sector teachers can be covered by a
special program of disease, maternity and professional risks.
IV. That it is necessary to harmonize the current regime of medical-hospital protection
of the workers teachers of the public sector, with the Law of the System of Savings for Pensions; and, at the same time, to issue the legal provisions concerning the providing better service, ensuring health and well-being, both to the
teachers and their family group.
V. That, through Special Law, it is appropriate to create an Official Autonomous Public Law Institution and functional independence, which will assume the administration of the contributions of the public sector teachers of the public sector
and the Ministry of Education; aimed at providing coverage in cases of occupational risk, disease and maternity, as a measure to contribute to the effective achievement of the social security of the sector.
BY TANTO,
in use of their faculties and at the initiative of the President of the Republic, through the Minister of Education, and with the Deputies ' support: Alex Rene Aguirre Guevara, Douglas
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Alejandro Alas García, Ruben Antonio Alvarez Fuentes, Herberth Nestor Menjivar Amaya, Irma Second Amaya Echeverria, Luis Roberto Angulo Samayoa, Ernesto Antonio Angulo Milla, José Orlando Arevalo
Pineda, José Salvador Arias Penate, Federico Guillermo Avila Quehl, Fernando Alberto José Ávila Quetglas, Ingrid Berta Maria Bendix de Barrera, Fredi Javier Benitez Molina, Blanca Flor America Bonilla Bonilla, Noel Abilio Bonilla Bonilla, Jose Salvador Cardoza Lopez, Carlos Alfredo Castaneda Magana, Jose Ernesto
Castellanos Campos, Humberto Centeno Najarro, Dario Alejandro Chicas Argueta, Candelaria Rubidia Cortez Solorzano, Luis Alberto Corvera Rivas, Blanca Noemi Coto Estrada, Jose Ricardo Cruz, Roberto Jose d' Aubuisson Munguia, Maria Patricia Vasquez de Amaya, Ana Vilma Castro de Cabrera, Walter Eduardo
Duran Martinez, Antonio Echeverria Veliz, Enma Julia Fabian Hernandez, Luis Arturo Fernandez Pena, Julio Antonio Gamero Quintanilla, Argentina Garcia Ventura, Juan Garcia Melara, Marco Aurelio Gonzalez, Ricardo Bladimir Gonzalez, Elizardo Gonzalez Lovo, Jesus Grande, Rafael Enrique Guerra Alarcon, Santos Guevara
Ramos, Manuel de Jesus Gutierrez Gutierrez, Carlos Walter Guzman Coto, Jose Cristobal Hernandez Ventura, Juan Carlos Hernández Portillo, Carlos Rolando Herrarte Rivas, Manuel Ernesto Antonio Iraheta Escalante, Wilfredo Iraheta Sanabria, Jorge Alberto Jimenez, Oscar Abraham Kattan Milla, Benito Antonio
Lara Fernandez, Francisco Roberto Lorenzana Duran, José Rafael Machuca Zelaya, Mario Marroquín Mejia, Alejandro Dagoberto Marroquín Cabrera, Manuel Orlando Quinteros Aguilar, Hugo Roger Martinez Bonilla, Calixto Mejia Hernández, Marco Tulio Mejia Palma, Manuel Vicente Menjivar Esquivel, Jose Francisco Merino
Lopez, Jose Francisco Montejo Nunez, Jorge Ernesto Moran Monterrosa, Ruben Orellana, Jose Antonio Pacas Gonzalez, Irma Lourdes Palacios Vasquez, Julio Milton Parada Dominguez, Mariella Peña Pinto, Mario Antonio Ponce Lopez, Julio Cesar Portillo Baquedano, Zoila Beatriz Quijada Solis, Norman Noel Quijano González, José Mauricio Quinteros Cubias, Carlos René Retana Martínez, Carlos Armando Reyes Ramos,
Othon Sigfrido Reyes Morales, Dolores Alberto Rivas Echeverria, Mauricio Ernesto Rodriguez, Hipolito Baltazar Rodriguez Contreras, Abilio Orestes Rodriguez Menjivar, Jose Roberto Rosales Gonzalez, Salvador Sanchez Cerén, Donato Eugenio Vaquerano Rivas and Ana Daysi Villalobos de Cruz.
DECRETA the following:
LAW OF THE SALVADORAN INSTITUTE OF MAGISTERIAL WELFARE
CHAPTER I
Denomination, Nature, Address, Object and Reaches
Art. 1.-Create the Salvadoran Institute of Magisterial Welfare, which can be abbreviated "ISBM",
as an autonomous official entity of public law, with legal personality and own patrimony.
THE SALVADORAN INSTITUTE OF WELFARE MAGISTERIAL, WHICH IN THE TEXT OF THIS LAW
WILL BE CALLED THE "INSTITUTE", WILL RELATE TO THE EXECUTIVE ORGAN THROUGH THE MINISTRY OF EDUCATION AND ITS DOMICILE WILL BE THAT OF THE CITY OF SAN SALVADOR, HAVING TO ESTABLISH OFFICES OR OFFICES IN ANY OTHER PLACE IN THE TERRITORY, IF THE
NEEDS SO REQUIRE. (1)
Art. 2.-THE INSTITUTE WILL HAVE TO PROVIDE THE MEDICAL ASSISTANCE SERVICE
AND HOSPITAL, PROFESSIONAL RISK COVERAGE AND THE OTHER BENEFITS THAT ARE EXPRESSED IN THIS LAW, IN FAVOR OF THE PUBLIC TEACHERS WORKING FOR THE STATE IN THE FIELD OF EDUCATION, THEIR SPOUSE OR SURVIVOR AND THEIR CHILDREN, THROUGH THE ADMINISTRATION OF CONTRIBUTIONS TO THE FINANCING OF THIS PROGRAM
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SPECIAL AND THE INSTITUTE ' S HERITAGE. (1)
TO BENEFIT FROM THE BENEFITS SET FORTH IN THE PRECEDING PARAGRAPH, THE PUBLIC TEACHING SERVANTS WHO WORK FOR OTHER INSTITUTIONS OF THE STATE, THEIR SPOUSE OR SURVIVOR AND THEIR CHILDREN, AND SUCH INSTITUTIONS OF THE STATE, MAY VOLUNTARILY
REGISTER WITH THE INSTITUTE, PROVIDED THAT THEY ARE ENROLLED IN THE EDUCATION MINISTRY ' S SCALE REGISTER, PERFORM TEACHING DUTIES IN THE INSTITUTION OF WHICH THEY ARE A PART AND HAVE RENOUNCED THE BENEFITS GRANTED
BY THE SALVADORAN INSTITUTE OF SOCIAL SECURITY. (1)
For the purposes of this law, they shall be considered to be spouses, cohabitants and children, who
under the Family Code have such quality.
Art. 3.-THE COVERAGE OF THE MEDICAL AND HOSPITAL CARE SERVICES
WILL PROVIDE THE INSTITUTE, WILL COMPRISE PREVENTIVE MEDICINE WITH EMPHASIS ON FAMILY HEALTH, MENTAL HEALTH, EXTERNAL CONSULTATION OF GENERAL MEDICINE, SPECIALIZED AND SUB-SPECIALIZA; HOSPITALIZATION FOR MEDICAL TREATMENT, SURGERIES AND CARE OF OBSTETRICS AND
GYNECOLOGY; DISPENSING AND ADMINISTRATION OF DRUGS; DIAGNOSTIC SUPPORT SERVICES OF CLINICAL, PATHOLOGICAL AND ELECTRO LABORATORIES DIAGNOSIS; IMAGING; CONTROL PROGRAMS: CHILDREN, ADOLESCENTS, WOMEN, ADULT MALE AND FEMALE THE OLDER ADULT, AS WELL AS SPECIFIC PROGRAMS FOR CHRONIC PATHOLOGIES;
CONSULTATION AND NON-COSMETIC DENTAL TREATMENT; WILL ALSO INCLUDE THE REHABILITATION PROCESSES OF THE RIGHT-HOLDERS, AS REGARDS THE COVERAGE OF THE PRESENT LAW. (1)
The services referred to in the foregoing paragraph shall be provided only within the territory of the Republic of El Salvador.
Art. 4. FOR THE PURPOSES OF THIS LAW, IT IS PUBLIC SERVANTS TEACHERS ALL THE EDUCATORS WHO PROVIDE THEIR SERVICES TO THE STATE IN THE FIELD OF EDUCATION, ANY
WHATEVER THEIR FORM OF APPOINTMENT, PERFORMING THE TEACHING OR WORK OF MANAGEMENT. IN THEIR RESPECTIVE EDUCATIONAL CENTERS, OR BY WORKING IN THE TECHNICAL UNITS OF THE MINISTRY OF EDUCATION; AS WELL AS, ALL EDUCATORS ENROLLED IN THE REGISTER
EDUCATION MINISTRY ' S DEPARTMENT, WHO PERFORM TEACHING DUTIES IN OTHER SCHOOLS. INSTITUTIONS OF THE STATE. (1)
Art. 5.-THEY WILL BE ENTITLED TO RECEIVE THE COVERAGE OF THE HOSPITAL MEDICAL SERVICE THAT PROVIDES THE INSTITUTE:
(a) THE TEACHING PUBLIC SERVANTS;
b) SPOUSE OR SURVIVOR;
c) DAUGHTERS AND CHILDREN BETWEEN 21 AND 25 YEARS OF AGE, WHICH IS FIND AND DEPEND FINANCIALLY ON THEIR PARENTS, THOSE UNDER 21 YEARS OF AGE, SINGLE OR SINGLE, AND THE DISABLED, PRIOR
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INVALIDITY QUALIFIER COMMISSION OPINION, DEFINED IN THE SAVINGS SYSTEM ACT FOR PENDING;
(d) THE CHILD OF ANY AGE, IF IT IS INVALID IN TOTAL AND HIS OR HER INVALIDITY ORIGINATED, AND AFTER THE COMMISSION ' S OPINION
INVALIDITY QUALIFIER DEFINED IN THE LAW OF THE SAVINGS SYSTEM FOR PENSION.
THE AFFILIATION TO THE INSTITUTE FOR THE PUBLIC SERVANTS WHO PROVIDE THEIR SERVICES TO THE STATE IN THE FIELD OF EDUCATION WILL BE COMPULSORY; AND IT WILL BE VOLUNTARY, THE AFFILIATION TO THE INSTITUTE FOR PUBLIC SERVANTS
TEACHERS WHO ARE ACCREDITED AS SUCH BY THE MINISTRY OF EDUCATION, PERFORM TEACHING DUTIES IN OTHER INSTITUTIONS OF THE STATE.
IN ORDER TO RECEIVE THE MEDICAL AND HOSPITAL CARE SERVICES PROVIDED BY THIS LAW, IT IS ESSENTIAL THAT THE PUBLIC SERVANT AND ITS BENEFICIARIES BE AFFILIATED AND REGISTERED WITH THE INSTITUTE. (1)
Art. 6.-EXCLUDED FROM THE HEALTH SYSTEM COVERED BY THIS LAW, THE FOLLOWING PUBLIC TEACHING SERVANTS:
1) TEACHING PUBLIC SERVANTS WHO PROVIDE THEIR SERVICES PER HOUR CLASS AND WHO DO NOT ACCUMULATE A MINIMUM OF SIXTY HOURS EACH CALENDAR MONTH;
2) RETIRED PUBLIC TEACHING SERVERS, WHICH IN ACCORDANCE WITH ARTICLE 2 OF THIS LAW, RE-ENTER THE SERVICE
OF THE STATE;
3) THE PEOPLE MENTIONED IN LITERAL B) OF THE ARTICLE BEFORE, THAT
LABOR AND COMPULSORILY COTIY TO ANY OTHER HEALTH REGIME. (1)
Art. 7.-The Institute may establish health centers to directly provide the medical and hospital services referred to in this Law; or to hire such services with public institutions or private companies, and physicians who provide them or monitor within the territory of the Republic of El
Salvador, in accordance with the respective law.
The Institute may also provide medical and hospital services and other related services
with the scope of its competence, to public institutions or private companies, by convention.
Art. 8.-The Institute will be exempt from all tax taxes, except for the
Transfer of Furniture and Services Tax.
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CHAPTER II
Organization, Management and Administration of the Institute
THE FIRST SECTION OF THE Steering Board
Art. 9.- The Institute's senior management and administration will be in charge of a Board of Directors, which will be responsible for the compliance with the objective of this Law.
Art. 10.-The Board of Directors will be integrated as follows:
a) A Director appointed by the President of the Republic, on a proposal from the Minister of
Education, which will be the President of the Board of Directors;
b) Two Directors appointed by the Minister of Education;
c) A Director appointed by the Minister of Finance;
d) A Director appointed by the Minister of Public Health and Social Care;
e) A DIRECTOR-ELECT FROM AMONG THE SERVERS PUBLIC TEACHERS WORKING IN THE TECHNICAL UNITS OF THE MINISTRY OF EDUCATION IN THE FORM
AND CONDITIONS TO BE DECIDED BY THE REGULATION; AND, (1)
F) THREE DIRECTORS ELECTED BY THE PUBLIC TEACHING SERVANTS WHO PROVIDE
THEIR SERVICES TO THE STATE IN THE EDUCATION FIELD BY PERFORMING TEACHING OR STEERING WORK IN SCHOOLS EDUCATIONAL, IN THE FORM AND CONDITIONS TO BE DETERMINED BY THE REGULATION. (1)
Except for the case of the Director appointed by the President of the Republic, each Director shall have his/her respective alternate, appointed and elected in the same manner as set out in the previous paragraph.
Art. 11.-The Directors will last five years in their duties, and may be re-elected only for a new period, or removed from their positions by the authority that appointed them or by the sector that elected them,
for justified cause.
The Directors will continue to perform their duties even when the period
for which they were appointed or elected has ended, while members of a new Board of Directors do not take office.
Art. 12. In case of absence or impediment of any of the owners, the respective alternate will replace it. And if it is addressed to the Director President, one of the two Directors appointed by the Minister of Education shall replace him in his duties, on the order of his nomination, and if the two are missing, the owner shall replace him as follows in the order mentioned in the Art.
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10 of this Law.
Art. 13.-WHEN A PROPRIETARY DIRECTOR APPOINTED BY AUTHORITY IN ACCORDANCE WITH ARTICLE 10 OF THIS LAW, SHALL LEAVE THE POSITION PERMANENTLY, THE RESPECTIVE SUBSTITUTE SHALL BE DESIGNATED OR ELECTED BY THE AUTHORITY THAT
CORRESPONDS, WHO WILL BE IN CHARGE FOR THE REMAINDER OF THE PERIOD I WILL BE MISSING. WHILE THE REPLACEMENT IS PERFORMED, THE RESPECTIVE ALTERNATE SHALL ACT.
WHEN AN OWNER-ELECTED DIRECTOR IS TREATED BY ANY TEACHING SECTOR OF THOSE REPRESENTED ON THE BOARD OF DIRECTORS, HE WILL ASSUME AS THE OWNER THE RESPECTIVE ALTERNATE, WHO WILL EXERCISE THE POSITION FOR THE REMAINDER OF THE PERIOD THAT WILL BE MISSING; TIP
MANAGER WILL OPEN A PROCESS OF CHOICE TO CHOOSE WHO WILL SERVE AS AN ALTERNATE. (1)
Art. 14. THE SESSIONS OF THE BOARD OF DIRECTORS MAY BE ORDINARY AND EXTRAORDINARY AND SHALL BE HELD IN THE BUILDING OF THE INSTITUTE, UNLESS THEY AGREE TO MEET ELSEWHERE. THE GOVERNING BOARD SHALL HOLD AN ORDINARY SESSION ONCE EVERY
WEEK, UPON CONVOCATION OF THE OWNERS AND ALTERNATES, TWO DAYS IN ADVANCE AT LEAST, OR AT LEAST FIVE OWNERS ' DIRECTORS AGREE; AND THEY MAY BE EXTRAORDINARILY SESSIONARY, AS MANY TIMES AS THEY DEEM NECESSARY AFTER THE PRESIDENCY HAS BEEN CONVENED. EXCEPTIONALLY, THEY MAY DECLARE
PERMANENT SESSION, IF THE IMPORTANCE AND URGENCY OF THE MATTER MERITS IT.
THE CONVENING OF ORDINARY AND EXTRAORDINARY SESSIONS, WILL BE MADE OF THE
PRIOR KNOWLEDGE OF ALL THE MEMBERS AND ALTERNATES, UNDER PENALTY OF NULLITY OF THE SESSION, IF ANY OF THESE ARE EXCLUDED.
THE QUORUM TO HOLD AN ORDINARY OR EXTRAORDINARY SESSION, WILL BE THE TURNOUT OF AT LEAST HALF OF THE COUNCIL ' S OWN MEMBERS.
FOR RESOLUTIONS, A FAVORABLE VOTE OF HALF IS REQUIRED, PLUS ONE OF THE MEMBERS OF THE BOARD OF DIRECTORS. IN THE EVENT OF A TIE, THE PRESIDENT SHALL HAVE A QUALIFIED VOTE.
WHEN THE OWNERS AND THEIR RESPECTIVE ALTERNATES ATTEND THE SAME SESSION OF THE BOARD OF DIRECTORS, THE LATTER SHALL HAVE THE RIGHT TO SPEAK ONLY. (1)
Art. 15.-No member of the Board of Directors may offer goods or services to the Institute, nor shall he know in matters in which he has any personal interest or the companies of which he is
a partner or administrator, nor in those in which have an interest in their spouse or living person, or their relatives in the fourth degree of consanguinity or second degree of affinity or for adoption.
Any act or resolution of the Board of Directors in violation of the foregoing paragraph, it shall be null and void and shall make the Director responsible liable for liability personnel for the damages caused by this.
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Art. 16.-When the members of the Board of Directors approve or implement operations contrary to this Law or their regulations, they shall jointly and severally respond to their own
property for the losses that such operations may result in. to irrogate the Institute, without prejudice to the criminal liability or any other order that may arise.
They shall be excluded from the liability referred to in the foregoing paragraph, the members of the Board of Directors who have voted against of the said administrative act, have abstained from voting and have reasoned their vote.
Art. 17. MEMBERS OF THE BOARD OF DIRECTORS SHALL BE ENTITLED TO RECEIVE THE ALLOWANCE PROVIDED FOR IN THE REGULATION OF THIS LAW, WITHOUT BEING ABLE TO BECOME MORE
OF THE VALUE OF FOUR SESSIONS IN THE MONTH, WITH THE EXCEPTION OF THE PRESIDENT WHO SHALL WORK WITH FULL TIME AND WILL RECEIVE THE SALARY AND REPRESENTATION EXPENSES INDICATED IN THE RESPECTIVE BUDGET; THE ALTERNATES WILL ENJOY DIETS ONLY WHEN
REPLACE THE OWNERS. (1)
Art. 18. To be a member of the Board of Directors is required:
1) Being a Salvadoran by birth and being in the full enjoyment of the rights of citizenship;
2nd) Being over thirty years of age;
3rd) Being of recognized honorability; and,
4th) Poseer academic title of higher education.
The Directors referred to in the literals (e) and (f) of Art. 10 of this Law, shall retain
the place of their employment in the institutions they represent, during the period for which they have been elected or fungieren as such.
Art. 19.-They are indefable to serve as a member of the Board of Directors:
1) The spouse, or living, and the relatives within the fourth degree of consanguinity,
second of affinity or for adoption, of the Director President and of any other member of the Board of Directors;
2) MEMBERS WITH POSITIONS OF NATIONAL MANAGEMENT OF POLITICAL PARTY ORGANIZATIONS; (1)
3) Those declared in a state of suspension of payment or bankruptcy that they have not obtained their rehabilitation;
4) Those who have been convicted of crimes against the estate;
5) Those who have been punished for having committed any serious or very serious misconduct under the Teaching Career Act;
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6) Those who have been punished for serious disciplinary misconduct arising from their quality
of the public server under the respective laws; and,
7) Those who are legally unable.
When any of the above is present or exceeded, the choice or appointment of the Director shall expire and shall be proceed to replace it in the manner provided for in this Law.
Board of Directors to qualify and declare the inability of its members, views and merit of the evidence, giving notice to whom or to whom they appointed or elected to
to appoint or to choose the substitute; in the meantime is replaced by the respective alternate.
The acts authorized by any indeft Director before the inability is declared, will not
be invalidated. Declared and notified of an inability, subsequent acts in which the Director is involved, shall suffer from absolute or full nullity.
Art. 20.-They are the powers and duties of the Board of Directors:
a) Exercise the Institute's management in accordance with this Law and its regulations;
b) Dictate the Institute's general policies and standards and approve the necessary instructions for the Institute. its operation;
c) To promote, sustain and coordinate all activities aimed at improving the quality of the services provided by the Institute, subject to regular evaluation, and to ensure the implementation of surveillance systems to ensure such quality;
d) APPROVE PROMOTION AND EDUCATION PROGRAMS AIMED AT THE DISEASE PREVENTION, IN ORDER TO PROTECT THE HEALTH OF THE SERVERS
TEACHERS AND THEIR BENEFICIARIES; (1)
e) Agree on the draft regulations necessary for the operation of the
Institute, and subject them to the approval of the Executive Body through the Ramo of Education;
f) APPROVE, IN ACCORDANCE WITH THE RESPECTIVE LAW, THE DRAFT BUDGET AND THE ORGANIZATIONAL STRUCTURE OF THE INSTITUTE, THE LEVELS OF HIERARCHY AND SALARY OF THE STAFF. THE DRAFT BUDGET, ONCE APPROVED
BY THE STEERING BOARD, SHALL BE SUBMITTED TO THE MINISTRY OF EDUCATION BY 30 JUNE OF EACH FISCAL YEAR PRECEDING THE BUDGET OF THE FINANCIAL YEAR IN WHICH IT SHALL BE APPLIED, WITH THE PURPOSE THAT
THIS REFERS TO THE MINISTRY OF FINANCE TO BE SENT TO THE APPROVAL OF THE LEGISLATIVE ASSEMBLY; (1)
G) APPROVE THE MEDICAL AND HOSPITAL SERVICES, THE BASIC TABLES OF
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SERVICES AND MEDICINES, AS WELL AS BENEFITS AND BENEFITS UNDER THIS LAW; (1)
h) Approve, after analysis, the investment plans of the funds;
i) Authorize the necessary adjustments in the current budget to address any kind of contingencies, such as disasters, epidemics or other similar according to their competence;
j) Agreed, based on the studies actuarial, changes in contributions and contributions for the coverage of the family group of the contributors and submit these
agreements for approval to the Legislative Body through the Education Ramo;
k) the acquisition and disposal of the Institute's assets, in accordance with the laws
respective;
l) Agreed to the hiring of all kinds of credits and the celebration of all types of
contracts, as well as the granting of the (a) the guarantees required to ensure that the obligations of the Institute are met;
m) Agree to the creation, transfer or suspension of health facilities, prior to
authorization of the Superior Council of Public Health;
n) To agree to the creation, transfer or deletion of offices, agencies and other dependencies
of the Institute, which are necessary;
or) Agree to the creation of technical commissions and those required for the good march of the
Institute and the supervision of their activities, the designation of those who will integrate them and their remuneration;
p) Approve annual financial statements and accountability reports that the with respect to the Chair of the Board of Directors;
q) To know the reports of the auditors and to arrange the appropriate;
r) APPROVE THE ANNUAL REPORT OF THE RESULTS OF MANAGEMENT, TO BE REFERRED
TO THE MINISTRY OF EDUCATION; AND, (1)
s) The others that point to the laws or regulations.
SECTION SECOND
Of The President
Art. 21.-The President of the Board of Directors will be in charge of the management of the administrative functions and the coordination of the activities of the Institute, oriented to the fulfillment of the objective
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of this Law and of the agreements taken by the Board of Directors.
Art. 22.-The Chairman of the Board of Directors shall have the following functions and duties:
a) Fulfill and ensure that this Law, its regulations and any other rules
applicable to the Institute are complied with;
b) Convocation and chair the sessions of the Board of Directors;
c) Develop the agenda of the Board of Directors sessions;
d) Execute the agreements of the Board of Directors;
e) Timely inform the Board of Directors;
f) Legally represent the Institute;
g) Delegate its representation or other functions executive and administrative, with express authorisation from the Board of Directors, other members of the Board or other officials of the Institute.
h) Grant powers on behalf of the Institute, after approval by the Board of Directors;
i) PRESENT TO THE BOARD OF DIRECTORS THE FINANCIAL STATEMENTS AND A MEMORY
ANNUAL WORK OF THE INSTITUTE, WITHIN SIXTY DAYS AFTER THE END OF THE RESPECTIVE FINANCIAL YEAR; (1)
J) TO PRESENT TO THE BOARD OF DIRECTORS THE PROJECTS OF NEXT YEAR ' S ANNUAL REVENUE AND EXPENDITURE AND SALARY BUDGET, WITHIN NINETY DAYS FOLLOWING THE CLOSING OF EACH FISCAL YEAR; (1)
k) SUBMITTING TO THE DECISION OF THE BOARD OF DIRECTORS, ALL MATTERS FALLING WITHIN THE BOARD ' S COMPETENCE AND PROVIDING THE INFORMATION THAT
IS NECESSARY TO MAKE RESOLUTIONS; (1)
L) TO PROMOTE AND PRESENT THE PROPOSAL FOR THE BOARD OF DIRECTORS,
FOR THE SUBSCRIPTION OF AGREEMENTS WITH THE DIFFERENT PUBLIC OR PRIVATE INSTITUTIONS, OR OTHER NATIONAL AND INTERNATIONAL BODIES; (1)
m) ADMINISTRATIVE REGULATIONS FOR THE PROPER FUNCTIONING OF THE INSTITUTE; (1)
n) APPOINT, PROMOTE, SANCTION, REMOVE AND LICENSE PERSONNEL IN ACCORDANCE WITH STATUTORY AND REGULATORY STANDARDS, SUBJECT TO PRIOR AUTHORIZATION FROM THE BOARD OF DIRECTORS; (1)
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OR) ESTABLISH FUNCTIONAL METHODS TO STREAMLINE THE ADMINISTRATIVE PROCEDURES OF THE INSTITUTE; (1)
p) PREPARE WORK PROGRAMMES, COORDINATE THE CONDUCT OF TECHNICAL STUDIES AND RESEARCH AS REGARDS
CONTRIBUTIONS, CONTRIBUTIONS, BENEFITS AND BENEFITS, AND SUBMIT THEM TO THE COUNCIL ADDRESS; (1)
q) PROPOSE TO THE BOARD OF DIRECTORS THE CREATION, TRANSFER OR REMOVAL OF THE INSTITUTE ' S PREMISES, IN ANY PART OF THE REPUBLIC; AND, (1)
R) ANY OTHER POINTED OUT BY THE BOARD OF DIRECTORS, THIS OR OTHER LAW AND ITS REGULATIONS. (1)
CHAPTER III Benefits and Benefits
SECTION FIRST Benefits and Health Services
Of the special benefit and provision classes
Art. 23.-The benefits to be provided by the Institute are as follows:
a) Health Services;
b) Subsidies;
c) Pension for Invalidity for Professional Risks; and,
d) Surviving Pension.
Art. 24.-The public servants and their beneficiaries shall be entitled, within the
limitations set forth in this Law, to receive the medical-hospital assistance services provided by the Institute, to which the Arts. 2 and 3 of this Law.
The Institute will also provide, family preventive medicine, in order to protect and monitor the state of health of people who are entitled to medical-hospital care.
Art. 25.-THE FOLLOWING SERVICES ARE EXCLUDED FROM THE PROGRAM COVERAGE OF THE INSTITUTE:
1) EXTERNAL PROSTHESES;
2) PROCEDURES, TREATMENTS AND CONSULTATIONS THAT REFER TO AESTHETIC SURGERIES, UNLESS SUCH TREATMENT IS DERIVED FROM AN ACCIDENT OR
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ILLNESS, CAUSING A FUNCTIONAL LIMITATION, THAT WAS GENERATED DURING THE LIFETIME OF COVERAGE;
3) DELIVERY OF CONTACT LENSES;
4) DELIVERY OF MEDICINES AND NUTRITIONAL SUPPLEMENTS FOR SLIMMING, EXCEPT WHEN TREATING PATHOLOGIES THAT ARE MEDICALLY JUSTIFIED;
5) DELIVERY OF NO Leches TYPE, EXCEPT WHERE THOSE CONDITIONS ARE JUSTIFIED • VITAMIN DELIVERY,
THE EXCEPTION OF PRENATAL VITAMINS AND MINERALS FOR PREGNANT WOMEN, CHILDREN ' S PROGRAM AND VITAMINS
FOR PATIENTS WITH PATHOLOGIES THAT MERIT IT;
7) NATURAL PRODUCTS AND OF PHARMACEUTICAL SPECIALTIES USED
IN HOMEOPATHIC TREATMENTS;
8) DELIVERY OF NON-MEDICATED SOAPS, SHAMPOO AND TOOTHPASTE, COSMETOLOGICAL CREAMS AND OTHER SIMILAR PRODUCTS; AND
9) MEDICAL SUPPLIES OF AMBULATORY USE, EXCEPT FOR THOSE TO BE DETERMINED REGULATIVELY.
THE ABOVE SHALL NOT INHIBIT THE INSTITUTE TO PROVIDE THE SERVICES REFERRED TO IN LITERAL (b) OF THIS ARTICLE, IF THOSE SERVICES ARE DONATED BY NATIONAL OR INTERNATIONAL BODIES
(1)
SECOND SECTION Of License Subsidies
Art. 26.-WHEN AN ILLNESS OR ACCIDENT CAUSES TEMPORARY INCAPACITY FOR WORK, THE PUBLIC SERVANTS SHALL BE ENTITLED TO BE GRANTED LEAVE TO STOP THEIR WORK WITH PAY UP TO NINETY.
DAYS EVERY YEAR. THE PAYMENT OF SUCH BENEFIT SHALL BE ON BEHALF OF THE MINISTRY OF EDUCATION AT 100% OF THE BASIC SALARY AND THE BONUSES, IF ANY, WHICH THE TEACHER SHALL EARN; OR BY THE PORTFOLIO OF STATE OR INSTITUTION WHICH IS PAYABLE TO THE
TEACHER, IN THE EVENT THAT YOUR REGISTRATION HAS BEEN VOLUNTARY. (1) (2)
Art. 27.-WHEN THE INCAPACITY REFERRED TO IN THE PREVIOUS ARTICLE
EXCEEDS THREE MONTHS, THE PUBLIC TEACHING SERVER SHALL BE ENTITLED TO A SUBSIDY BY THE INSTITUTE, WHICH SHALL BE EQUAL TO 75% OF THE MONTHLY BASIC SALARY AT THE SERVICE OF THE MINISTRY OF EDUCATION OR THE MINISTRY OF STATE OR INSTITUTION THAT IS RESPONSIBLE FOR PAYING THE SALARY TO THE TEACHER; AND IN THE EVENT THAT THE INCAPACITY IS A CONSEQUENCE OF A
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ILLNESS, THE ALLOWANCE MAY NOT EXCEED TWELVE MONTHS. (1)
Art. 28.-THE DETERMINATION OF THE INCAPACITY FOR THE WORK OF WHICH THE RIGHT TO RECEIVE ALLOWANCE IS PAID SHALL BE BORNE BY THE TREATING PHYSICIAN ACCREDITED TO THE INSTITUTE, WHICH SHALL BE GRANTED FOR PERIODS NOT LONGER THAN THREE MONTHS, WITHOUT IN
ALL FOR THE SAME DISEASE EXCEED TWELVE MONTHS.
WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, FOR THE PURPOSES OF DETERMINING
THE INCAPACITY FOR WORK, FINAL DECISIONS ISSUED BY THE BOARDS OR THE COURT OF THE TEACHING CAREER IN THE PROCESSES OF DISQUALIFICATION DUE TO THE LAW OF THE TEACHING CAREER AND ITS REGULATION.
NO TEACHING PUBLIC SERVER WILL BE ABLE TO CARRY OUT PAID WORK DURING THE TIME IT RECEIVES. (1)
Art. 29.-The subsidy shall be covered on behalf of the Institute and shall be suspended for any of the following reasons:
a) For failure to comply with the subsidized public teaching server with the optional prescriptions for its treatment or cure;
b) For the refusal to undergo the examinations and tests that the Institute deems necessary to practice to check the condition of the diseases and disabilities that the public servants are suffering;
c) For the healing of the public teaching server;
d) When the teaching public server meets the Requirements for pensionable age under the Pension Savings System Act;
e) WHEN THE SUBSIDIZED PUBLIC TEACHING SERVER DIES; (1)
f) For performing paid work, while receiving allowance; and,
g) the cases to be found in the circumstances referred to in Art. 40 of this Law.
Art. 30.-THE INSTITUTE MAY REQUIRE ALL MEDICAL EXAMINATIONS AND TESTS THAT IT DEEMS NECESSARY TO PRACTICE TO CHECK THE DISEASE AND
DISABILITIES THE PUBLIC SERVANTS OF TEACHERS, TO WHOM IT PROVIDES PROTECTION HOSPITAL DOCTOR. SUCH SERVERS SHALL BE SUBJECT TO THE EXAMINATION IN ORDER TO BE BENEFICIARIES OF THE DISEASE TO BE CHECKED AGAINST THEM.
(1)
Likewise, the Institute will be able to make all the inquiries it deems necessary, in order to verify that its services are being organized according to this Law and its regulations.
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In any case, the Institute may apply to the Salvadoran Social Security Institute, to the Institutions of the Ministry of Public Health and Social Care and any other health institution
public, autonomous, information of medical records of public servants to determine any pathology or medical history that you contribute to the corresponding analysis.
IN CASE THAT THE INFORMATION IS REQUIRED FROM PRIVATE INSTITUTIONS OR PHYSICIANS, THIS MUST BE REQUESTED BY THE SALVADORAN INSTITUTE OF MAGISTERIAL WELFARE NO LATER THAN FIFTEEN WORKING DAYS. (1)
THIRD SECTION
From Pensions to Professional Risks Invalidity
Art. 31.-OCCUPATIONAL RISK INVALIDITY PENSION SHALL BE GRANTED, WHEN
DOES NOT AFFECT THE ABILITY TO WORK, AS A RESULT OF DISEASES OR ACCIDENTS THAT HAVE ARISEN DURING OR ON THE OCCASION OF THE EXERCISE OF TEACHING. SUCH DISABILITY SHALL BE FIXED, TAKING INTO ACCOUNT THE EXTENT TO WHICH THE
FACULTIES OR APTITUDES OF THE EDUCATOR ARE AFFECTED TO PERFORM TEACHING, TECHNICAL OR MANAGERIAL TASKS, CLASSIFYING AS TOTAL, PARTIAL OR TEMPORARY INVALIDITY.
THE ISBM IS EMPOWERED TO QUALIFY IF THE RISK IS PROFESSIONAL OR NOT. THE
CLASSIFICATION OF INVALIDITY AND THE PERCENTAGE OF IMPAIRMENT OF WORK CAPACITY SHALL BE THE RESPONSIBILITY OF THE INVALIDITY QUALIFYING COMMISSION UNDER THE LAW OF THE PENSION SAVING SYSTEM. (1)
Art. 32.-For the purposes of this Law, it is considered:
a) Professional illness, any pathological state, including psychological status, which has been overcome by the sustained, repeated or progressive action of a cause that comes directly from the class of work performed or performed by the worker,
or the conditions of the particular environment of the place where the work is carried out; the ability of the worker to be reduced or the teacher to die; and,
b) Accident at work, any organ damage, functional disturbance or death, which the teacher suffers because of on occasion, or on the occasion of work. Such injury, disturbance or death, must be caused by the sudden and violent action of an external cause
or the effort made.
Art. 33.-When a teacher has been ruled to benefit from allowance for 12 months and
after this period, the incapacity for the job performance, or in the case the treating physician will assess the origin of the (a) a subsidiary to the invalidity qualification process, prior to the completion of that period, the latter must apply through the Administrator of
Pension Funds, AFP, or National Pension Institute of Public Employees, INPEP, as applicable, the rating of invalidity to the Qualifying Commission Invalidity constituted in accordance with the Pension Savings System Act, to qualify for an invalidity pension.
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The determination of invalidity will be the exclusive competence of the Qualifying Commission of Invalidity, the main function of which will be to establish the origin of the disease or of the common or professional accident
and to qualify the degree of invalidity, for which it will issue an opinion.
Pensions may be of three categories, of agreement to the following:
a) Total invalidity pension, is the one granted to the When you suffer the loss of 67% or more of your work capacity. Where the total invalidity pension
requires, in the judgment of the Validity Qualifier Commission, the assistance of a person to perform the ordinary acts, 20% of the corresponding pension shall be granted in addition;
Partial invalidity pension, it is up to teachers to suffer loss of their working capacity equal to or greater than 36% and less than 67%; and,
b) Temporary partial pension, will be recognised to teachers with impairment of the 21% and less than 36%.
Art. 34.-For the pensions defined in the previous article, the salaries accrued and quoted to the Institute by the teacher in the last 36 months shall be added; the sum shall be divided between 36 and the average resulting in the multiplication of the factor, as follows:
a) 70% in total invalidity pension;
b) 50% for partial invalidity pensions; and,
c) 40% for temporary invalidity pension.
If the teacher does not reach the 36 months of wages listed in the Institute, will take the number of months quoted, but will always be divided between 36, to obtain the average salary, apply it
to this the percentage mentioned in the preceding paragraph.
The resulting amount will be paid for three years, period for which the Commission will issue an opinion
Validity qualifier.
After the three years, the Validity Qualifier Commission must issue the second
opinion, which will define whether you will be continued to be paid invalidity pension. To do so, it will quote three times the affiliate through the Institute, in written form, on the payment dates of each of the last three pensions. If the affiliate is not present within thirty days of the last citation,
the pension will be suspended. If it is not submitted within six months, established in the same way, it shall be understood that the invalidity has ceased.
Temporary invalidity pensioners shall not be entitled to a second opinion.
In cases established in (a) and (b), if the teacher is in second opinion and is defined to continue to receive a pension, the final cessation of the place to be occupied must be managed
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as a teacher attached to the Ministry of Education.
Art. 35.-In no case shall the total invalidity pension be less than the minimum pension for total invalidity established annually by the Ministry of Finance in the General Budget Law of the State.
In cases of partial invalidity, Pensions may not be less than the result of applying the percentage of impairment to the minimum pension defined in the preceding paragraph.
SECTION FOURTH
Common Provisions for Subsidies and the
Pensions for Professional Risks Invalidity
Art. 36.-The allowance and the pensions referred to in the literals (b), (c) and (d) of Art. 23 of this
Law, shall be covered by the Institute, and insurance shall be contracted for such purposes to ensure such risks to teachers. and beneficiaries for survival subject to this Law.
Art. 37.-Occupational risk invalidity pensions shall cease in the following cases:
a) When the public teaching server complies with the requirements for pensionable age
under the Pension Savings System Act;
b) When the Validity Qualifier Commission declares it invalid in accordance with
the percentages set forth in this Act;
c) When the three years of the temporary pension benefit have elapsed; and,
d) When The pensioning teacher dies.
Art. 38.-The allowance provided for in Art. 27 and invalidity pensions for occupational risks covered by this Law are of a personal nature, not being able to be transferred or transferred by act between the living, nor transmitted by reason of death; Only legal maintenance obligations
may be imposed for up to 20% on the excess of the minimum pension.
The benefits referred to in the preceding paragraph shall be subject to the corresponding deductions
This law and the Law of the System of Savings for Pensions, which will be in charge of the
Art.
Art. 39.-Subsidies and pensions will be deducted 3% to continue with the enjoyment of health coverage.
The State will also contribute 7.5% to guarantee the health coverage of the teacher who has such quality, and will also have to provide the appropriate percentage of the pension. And when the employment relationship ends, those percentages will be fully charged by the pensioner.
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Art. 40.-WHEN THE ILLNESS IS DELIBERATELY CAUSED BY THE TEACHING PUBLIC SERVANT OR IS DUE TO HIS OR HER MISCONDUCT, OR IF HE DOES NOT COMPLY WITH
MEDICAL PRESCRIPTIONS FOR HIS TREATMENT OR CURE, HE SHALL NOT BE ENTITLED TO A SUBSIDY OR PENSION TEMPORARY, BUT ONLY TO BE PROVIDED WITH THE MEDICAL SERVICES INDISPENSABLE TO SAFEGUARD THE LIFE OF THE PATIENT. (1)
The teacher is considered to be in misconduct, when the disease or complications in his or her medical condition arise from the following circumstances:
a) In cases in which the disease overcomes due to the health services that are not provided by physicians or institutions duly authorized by the
Superior Council of Public Health;
b) When the disease has as its origin the abuse of abuse in the consumption of
alcohol, drugs or psychodrugs;
c) The teacher who will submit to the application of any class
of an experiment that attests against your life or health;
d) The teacher who will refuse to receive medical treatment essential to diagnose his illness, or to recover his health;
e) By overcome the disease due to abortion or self-medication;
f) In cases where the teacher will market his or her organs;
g) The teacher who will be injured or impaired in his/her health as a product of the
of unlawful acts that have been condemned by executed sentence at home or abroad;
h) a teacher who incurs fraud or adultere documents in order to obtain any of the benefits of this Law, for him or his family; e,
i) In all cases in which the teacher incurs malice or serious infraction to the health rules that are required to be respected by virtue of a legal provision.
SURVIVAL PENSIONS SECTION
Art. 41.-The death of a public servant as a result of a disease or a professional accident shall entitle him to a pension for survival for his family group, in such a way as to be understood by all the persons who quote the literal (b) of Art. 5 of this Law.
For the enjoyment of this right, it is necessary to check the family status of consanguineum or for adoption, of married or of living, with the certification of birth or adoption, of marriage, or the certification of the declarative judgment of the non-marital union, respectively.
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If the professional risk pensioner dies from illness or accident The Institute will not be entitled to a pension due to the survival of the Institute.
Art. 42.-The right which, by the foregoing provision, is granted to the spouse or survivor who was economically dependent on the deceased teacher to the date of his death, shall be for life; unless
contracts new nuptials or lives in concubinage, or abandon the children with such teacher, cases in which their right will expire.
The invalid widower or survivor who was economically dependent, will be entitled to the pension mentioned in the previous article.
Art. 43.-The survivor's pensions shall be calculated on the amount of the total invalidity pension by professional risk, in the amount of 50% of the pension which the deceased received or who would have been entitled to receive the date of his death for the spouse or survivor, and 25% for each
child; the orphan who was already the father or mother, without a pension for that cause, will be entitled to 40%. The parents of the deceased shall be pensioners when the deceased has no other beneficiaries at the time of death.
In no case shall the sum of the pensions exceed 100% of the basic pension of the calculation; in case of exceeding that percentage, the distribution shall be made based on the percentages set out in this article.
TO SURVIVORS ' PENSIONS FOR OCCUPATIONAL RISKS FOR THE BENEFICIARIES SET OUT IN ARTICLE 2 OF THIS LAW, SHALL BE DEDUCTED 7.8% FOR
TO CONTINUE WITH THE ENJOYMENT OF HEALTH COVERAGE, OF THE BENEFICIARIES OF THAT PENSION. (1)
Art. 44.-The right of survivor's pension shall be extinguished by any of the following:
a) For the death of the person who enjoys it;
b) For any of the causes of indignity referred to in the Civil Code;
c) Children under the age of 21, unless they are invalid, in which case they must be qualified as the Validity Rating Commission;
and,
d) For checking that the widow or the survivor survivor, not dependent
economic of the deceased.
SECTION SIXTH
Benefits
Art. 45.-The Institute will also provide the following benefits:
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a) Help for Funeral Expenses; and,
b) Recreation.
Art. 46.-The Institute shall provide financial assistance to members of the teacher's family group
who will die, to cover funeral expenses, which will be regulated in the corresponding Regulation.
Art. 47.-THE INSTITUTE WILL BE ABLE TO DEVELOP PROGRAMS OF RECREATION FOR THE BENEFIT
OF ITS AFFILIATES AND BENEFICIARIES, FOR WHICH IT WILL BE ABLE TO ACQUIRE BUILDINGS IN ORDER TO PROVIDE THEM RECREATION AND RECREATION IN THE FRAME OF THE PREVENTIVE MEDICINE THAT THE INSTITUTO BRINDE. (1)
CHAPTER IV of the Reintegrated Procedures to the Institute
and of Refunds by this
Art. 48.-Without prejudice to the appropriate criminal liability, in the event of improper use of the services of the Institute, in accordance with the cases established in Art. 40 of this Law, it shall proceed as follows:
a) IF THE MEDICAL EXAMINATIONS AND TESTS CARRIED OUT, OR BY ANY OTHER MEANS, THE IMPROPER USE OR THE FRAUDULENT USE OF THE SERVICES IS ESTABLISHED
IS ESTABLISHED
OR BY MEANS OF FALSEHOOD, IT SHALL BE NOTIFIED TO THE ALLEGED INFRINGER, TO PROVIDE THE LEGAL AREA OF THE INSTITUTE WITH WRITTEN EXPLANATIONS AND ACCOMPANY THE TEST TODISTORT THE CLAIMS THAT HAVE BEEN MADE TO YOU WITHIN TEN BUSINESS DAYS, COUNTED FROM THE DAY AFTER YOU RECEIVE THE NOTIFICATION; (1)
b) WITH WHICH YOU RESPOND, OR WITHOUT YOUR RESPONSE, THE LEGAL AREA MUST FORWARD TO THE BOARD OF DIRECTORS THE RESPECTIVE FILE WITHIN THREE DAYS
WORKING, IN ORDER TO GIVE THE FINAL RESOLUTION; (1)
(c) IN CASE THAT THE GOVERNING BOARD DEEMS NECESSARY THE TEST PRACTICE
ADDITIONAL, RETURN THE FILE TO THE LEGAL AREA, WITHIN THE FIFTEEN WORKING DAYS AFTER THE RECEIPT OF THE SAME, FOR WHICH IT IS PRACTICE WITHIN EIGHT WORKING DAYS THEREAFTER; (1)
d) THE STEERING BOARD SHALL DELIVER THE FINAL RESOLUTION WITHIN 15 WORKING DAYS AFTER THE FINAL REFERRAL TO THE
LEGAL; (1)
e) If the offender is unfavorable, the offender must reintegrate the Institute with the cost of the services used inadequately or by means of falsehood, plus a penalty
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of an additional 2% annual interest. Such a resolution shall not imply the cessation of the provision
of the services that the offenders need, which shall be provided by them in accordance with this Law and their regulations;
f) The resolution to be delivered by the Board of Directors shall be may bring the review appeal to the same authority within three days from the day following the notification, which shall resolve within thirty days, notifying
the resolution immediately to the recurring; and,
g) If the appellant has an unfavorable failure, it must reintegrate the cost of the services used inadequately or by falsehood, plus the penalty referred to in the literal (c) of this article, in the term that establishes the respective resolution.
When the services in question are If any of the children of the
teacher, the previous procedure must be performed with the respective teacher.
With everything, the public teaching server will answer for the cost of the services that he, his children
and his spouse or living, have used inadequately or by means of falsehood, plus penalty The amount of such concepts by the person in charge of paying it, after certification by the Institute.
Art. 49.-The public teaching server shall be entitled to be reimbursed by the Institute for the medical-hospital expenses incurred as a result of not having provided the Institute with the service to which it is entitled.
reimbursable such expenses:
a) When, due to special circumstances of emergencies, or due to specific conditions or pathologies of the patient, their care has not been possible by the doctors or hospital facilities by which the Institute provides the service;
b) WHEN DIAGNOSTIC PROCEDURES OR DIAGNOSTIC PROCEDURES TREATMENTS THAT, BEING IN THE BASIC FRAMEWORK OF SERVICES PROVIDED BY THE INSTITUTE,
COULD NOT PROVIDE THEM AT THAT TIME; (1)
c) When dealing with drugs that, being understood within the respective
The basic medicinal products of the Institute and will not be available in stock, are specific or indispensable for the restoration of the patient's health; or,
d) WHEN MEDICINES ARE TREATED THAT ARE NOT INCLUDED WITHIN THE THE INSTITUTE ' S BASIC DRUG TABLE, AND AFTER HAVING BEEN FOUND TO HAVE NO EXISTING DRUGS CAN
SOLVE THE HEALTH PROBLEMS OF THE PUBLIC TEACHING SERVER, BE SPECIFIC OR INDISPENSABLE FOR THE RESTORATION OF HEALTH
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PATIENT. (1)
The refund will be returned, after checking the Institute of the situations referred to in the previous literals, in accordance with the respective regulations and when the service
has acquired it teaching within the national territory.
CHAPTER V
Institute Heritage
Art. 50.-In order to meet its objective, the Institute will have the following assets:
a) An initial contribution of 10 MILL/100 USD from the United States of America (US $10,000,000.00) from the resources available in the Fund
Special to the Ministry of Education;
b) The compulsory contributions of the educators affiliated to the Program and the Ministry of Education, in accordance with this Law;
c) THE INCOME GENERATED BY THE INVESTMENT OF THE RESERVES AND OPERATION OF THE INSTITUTE ' S RESOURCES; (1)
d) The movable and immovable property which acquire for the development of your goal; and,
e) Donations and other resources you obtain for any degree, in strict compliance with applicable laws.
Contributions and contributions, together with other economic resources of the Institute, will be used exclusively to cover the cost of the benefits, remuneration, administrative expenses,
the constitution of the corresponding reserves and other expenses inherent in the turn of the Institute.
CHAPTER VI
Funding and Collection
Art. 51.-THE INSTITUTE WILL BE FINANCED THROUGH THE PERIODIC CONTRIBUTIONS OF THE
PUBLIC TEACHERS ' SERVANTS AND BY THE CONTRIBUTIONS OF THE MINISTRY OF EDUCATION AND OTHER INSTITUTIONS OF THE STATE WHERE THEY WORK TEACHING PUBLIC SERVANTS VOLUNTARILY ENROLL THE INSTITUTE IN ACCORDANCE WITH
ARTICLES 2 AND 4 OF THE LAW. (1)
Art. 52.-The contributions shall be compulsory and shall be made for periods of payment equal to the
which shall be used by the State in the Master of Education for the payment of the salaries of its servants.
Art. 53.-The fact that a teaching public servant is appointed or hired by the Ministry
of Education, will imply its obligation to list the Institute, while retaining its quality of employee.
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This Article, the teachers referred to in Article 6 of this Article, are excepted from the provisions of this Article. Law.
Art. 54.-THE CONTRIBUTION RATE TO THE INSTITUTE WILL BE:
A) FOR THE COVERAGE OF THE SERVICE TO THE PUBLIC SERVANTS, THE 10.5% CALCULATED ON THE SALARIES OF THE TEACHERS. THIS FEE WILL BE DISTRIBUTED IN 7.5% OF THE MONTHLY REMUNERATION IN CHARGE OF THE
STATE IN THE EDUCATION SECTOR OR THE STATE PORTFOLIO OR INSTITUTION THAT IS RESPONSIBLE FOR PAYING THE TEACHER ' S SALARY, AND 3.0% FOR THE TEACHER;
b) FOR THE COVERAGE OF THE SERVICE TO THE CHILDREN AND SPOUSE OR SURVIVOR, THE COMPULSORY CONTRIBUTION FROM THE TEACHING PUBLIC SERVANT WILL BE OF A DOLLAR WITH TWO CENTS WHEN THIS LAW COMES INTO FORCE, ON THE
MONTHLY REMUNERATION RECEIVED, WHICH IT SHALL BE ADJUSTED ON THE BASIS OF AN ACTUARIAL STUDY, AND THE STATE IN THE CLASS OF EDUCATION OR THE PORTFOLIO OF STATE OR INSTITUTION WHICH IT IS UP TO HIM TO PAY THE SALARY TO THE TEACHER,
CONTRIBUTE THREE TIMES THE TEACHER 'S CONTRIBUTION;
c) FOR THE HEALTH COVERAGE OF THE TEACHERS' PUBLIC SERVANTS
SUBSIDIZED IN ARTICLE 27 OR PENSIONERS, THE 3% WILL BE DEDUCTED OF THE TEACHER IN THIS QUALITY.
THE ACTUARIAL STUDY REFERRED TO IN (B) OF THIS ARTICLE SHALL
BE CARRIED OUT EVERY FIVE YEARS OR WHERE THE BOARD OF DIRECTORS DEEMS IT NECESSARY, IN ACCORDANCE WITH THE NEED OF THE SERVICE, TO DETERMINE WHETHER THE SAID CONTRIBUTION RESPONDS TO THE ACTUAL COST OF THE SERVICE THAT IS THE OBJECT OF THIS LAW AND CAN BE MODIFIED AND READJUSTED
CONFORMITY TO IT, IN ORDER TO GUARANTEE THE FINANCIAL SUSTAINABILITY OF THE SERVICE. (1)
Art. 55.-THE CONTRIBUTIONS FROM THE PUBLIC SERVANTS SHALL BE
DEDUCTED FROM THE SALARIES PAID BY THEM ON A REGULAR BASIS, BY THE PAYERS RESPONSIBLE FOR PAYING THEIR SALARIES. IT SHALL BE THE RESPONSIBILITY OF THOSE PAYERS TO SEND TO THE INSTITUTE THE CONTRIBUTIONS SET OUT IN THE PREVIOUS ARTICLE, ACCOMPANIED BY
A PAYROLL OF THE LISTED PERSONS IN WHICH THE SAID DISCOUNTS ARE INCLUDED, WITHIN TEN WORKING DAYS FOLLOWING THE PAYMENT OF THE CORRESPONDING WAGES. ALSO, IN CASES IN WHICH THE PUBLIC TEACHING SERVER MUST
PAY THE SALARY CORRESPONDING TO THE PERIOD OF PRIOR SUSPENSION, IN ACCORDANCE WITH THE LAW OF THE TEACHING CAREER, FOR HAVING OBTAINED DEFINITIVE JUDGMENT ABSOLUTE, SHALL BE RESPONSIBILITY OF THE PAYER IN CHARGE OF PAYING SUCH SALARY, DEDUCTING FROM THIS
ALL OF THE CONTRIBUTIONS THAT WERE NO LONGER MADE.
FAILURE TO COMPLY WITH THE FOREGOING PARAGRAPH SHALL BE PUNISHABLE BY
A PENALTY TO THE PAYER EQUIVALENT TO 10% ON THE VALUE OF THE MONTHLY SALARY THAT ACCRUES, PROVIDED THAT IT IS CHECKED FOR IT OR NEGLIGENCE.
THE SANCTION REFERRED TO IN THIS ARTICLE SHALL APPLY WITHOUT PREJUDICE TO THE FACT THAT THE PAYER HAS TO FIND OUT WHAT HAS CEASED TO BE UNCOUNTED OR REFERRED TO, AND OF THE
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CORRESPONDING CRIMINAL AND ADMINISTRATIVE RESPONSIBILITY.
CONTRIBUTIONS FROM THE PUBLIC SERVANTS SUBSIDIZED AND PENSIONERS BY THE INSTITUTE WILL BE DEDUCTED FROM THEIR RESPECTIVE SUBSIDY OR PENSION BY THE
CHARGED WITH PAYING THEM.
IN CASES WHERE TEMPORARY AND PERMANENT PARTIAL PENSIONERS
ARE ALSO RECEIVING SALARY, THE DISCOUNT OF THEIR CONTRIBUTIONS CAN ONLY BE VERIFIED ON THE RESPECTIVE PENSIONS. (1)
Art. 56.-THE FINE AND THE AMOUNT OF WHAT HAS CEASED TO BE DISCOUNTED OR REFERRED TO, MUST BE MADE EFFECTIVE BY THE PAYING PAYER WITHIN THIRTY DAYS OF
THE PERSON IN WHICH THE DECISION HAS BEEN NOTIFIED TO HIM, AFTER EXTENSION OF THE ORDER OF ENTRY BY THE INSTITUTE. (1)
PAST THIRTY DAYS WITHOUT THE INFRINGER HAVING MADE THE FINE EFFECTIVE, THE INSTITUTE WILL FORWARD THE CERTIFICATION OF THE RESOLUTION TO THE ATTORNEY GENERAL OF THE REPUBLIC TO MAKE IT EFFECTIVE JUDICIALLY. (1)
The certification of the resolution imposing the fine shall be enforceable and the product of the fine shall enter the patrimony of the Institute.
Art. 57.-WHEN AN EDUCATOR ACCRUES, IN ADDITION TO THE BASE SALARY, BONUSES OR HOURS, HE SHALL QUOTE THE INSTITUTE ON THE TOTAL ACCRUAL. (1)
Art. 58.-THE AMOUNT OF CONTRIBUTIONS BY THE STATE IN THE FIELD OF EDUCATION AND OTHER INSTITUTIONS REQUIRED UNDER THIS LAW SHALL BE ENTERED IN THE RESPECTIVE BUDGET. SUCH CONTRIBUTIONS SHALL BE PAID
TO THE INSTITUTE TOGETHER WITH THE CONTRIBUTIONS FROM THE AFFILIATED PUBLIC SERVANTS WITHIN THE PERIOD LAID DOWN IN ARTICLE 55 OF THIS ACT. (1)
CHAPTER VII Reservations and Investments
Art. 59.-The Institute shall constitute its initial reservation with the initial contribution established in Art. 50 of this Law, which may be used by the Board of Directors only in a fortuitous case or force
greater, after qualification and (i) the authorization of the Executive Body in the Ramo of Education.
It may also constitute the technical and emergency reserves necessary to guarantee
the development and fulfillment of the programs of sickness, maternity, subsidies, Pension for Invalidity for Occupational Risks and Survival Pensions, in accordance with what establish a special regulation.
The Institute may constitute other reserves that are to be considered for safeguarding
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the full development and support of the system.
Art. 60.-The Institute's technical reserves and funds may be invested in fixed term deposits or kept in savings accounts, in authorized institutions of the National Financial System.
Technical reserves must be invested in low-risk instruments, with liquidity and their yields should be related to such characteristics.
Funds from other reserves may be invested in the acquisition of buildings and the construction or refurbishment of buildings intended for the offices of the Institute, for the provision of the
services medical-hospital or for recreation of the public servants and their family, including their furniture and equipment.
CHAPTER VIII Budget and Administrative Expenses
Art. 61. THE ADMINISTRATIVE EXPENDITURE OF THE INSTITUTE DURING EACH FINANCIAL YEAR SHALL NOT EXCEED 10% OF THE CURRENT REVENUE. (1)
Art. 62.-Transfers between allocations of expenditure that will be necessary for the implementation of the budget shall be carried out in accordance with the provisions of the Organic Law on the Financial Management of the State and its Rules of Procedure.
Art. 63.-The Board of Directors may authorize the establishment of circulating funds and of small boxes, by resolution. The resolution will determine the amount, destination and limit of payment, in accordance with the provisions of the Technical Manual of the Integrated Financial Management System issued by
the Ministry of Finance. The President shall designate the employees or officials who will handle these funds and those who will authorize the respective returns.
Art. 64.-The budgetary clearance shall be submitted by the Presidency for approval of the Board of Directors, within two months of the end of the annual exercise of the Institute and shall be brought to the attention of the Ministry of Education, within thirty days of its
approval and in the case of the Ministry of Finance, will be presented in harmony with the provisions of the Organic Law on the Financial Administration of the State and its Rules of Procedure.
SURPLUS TO BE GENERATED IN BUDGETARY IMPLEMENTATION, AS WELL AS THOSE SET OUT AT THE END OF THE BUDGET THE ANNUAL FINANCIAL YEAR SHALL BE INCORPORATED IN THE CORRESPONDING FINANCIAL YEAR IN ACCORDANCE WITH THE STATE ' S FINANCIAL MANAGEMENT ACT
AND ITS REGULATION, MAKING THE EXTENSIONS TO THE RESPECTIVE BUDGETS, THE WHICH WILL BE AUTHORIZED BY THE INSTITUTE ' S BOARD OF DIRECTORS AND SHOULD BE MADE KNOWN TO THE GENERAL DIRECTORATE OF ACCOUNTING AND MANAGEMENT
GENERAL OF BUDGET, BOTH OF THE MINISTRY OF FINANCE. (1)
AUTHENTIC INTERPRETATION
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DECREE NO 757
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That by Legislative Decree No. 485 dated November 22, 2007,
published in Official Journal No. 236, Volume No. 377 of December 18 of the same year, the Law of the Institute was issued Salvadoran Magisterial Welfare.
II.-That Art. 64, second paragraph of The above Law states that the surplus to be generated in the budget execution, as well as
those that establish them at the end of the annual financial year, will be incorporated in the corresponding financial year in accordance with the established in the State Financial Management Act
and its Regulation.
III.-That this provision gives rise to diverse interpretations, which
causes uncertainty in the In this case, it is necessary to interpret the provisions of this Directive in a genuine way. effect of plasming in this spirit with which it was approved.
BY TANTO,
in use of its constitutional powers and at the initiative of the Deputies Lorena Guadalupe Peña Mendoza, Francisco Roberto Lorenzana Duran, Irma Lourdes Palacios Vasquez
and Mario Alberto Tenorio Guerrero.
DECRETA:
Art. 1.-authentically interpret the second paragraph of Art. 64 of the Law of the Salvadoran Institute of Magisterial Welfare, issued by Legislative Decree No. 485, dated 22
of November 2007, published in the Official Journal No. 236, It took No. 377 of December 18 of the same year, in the sense that the faculty to which this paragraph refers, is that they will be able to incorporate the surplus that is generated in the budget execution, as well as
those that establish the end the annual exercise without further formalities than the agreement issued by the Board of Directors of the Salvadoran Institute of Magisterial Welfare for each case.
Art. 2. This authentic interpretation is incorporated in the text of the Law of the Salvadoran Institute of Magisterial Welfare.
Art. 3.-This Decree shall enter into force from the day of its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at sixteen
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days of June of the year two thousand eleven.
D. O. No. 122, Volume No. 391, Date: June 30, 2011.
(1) LAST REPEALED BY D.L. Nº 747/2014.
Art. 65.-The reception, custody and administration of the funds will be carried out by the Treasury of the Institute. In addition to the treasurer, there may be collectors and payers according to the needs of the
service.
Both the treasurer and the collectors and payers will be required to bail, the amount of which
will be established by the Board of Directors.
The bail must be related to the amount of the funds that the treasurer handles, collectors
and payers, if any.
Art. 66.-THE PRESIDENT OF THE STEERING BOARD SHALL BE THE ONE TO AUTHORIZE THE OFFICES
OF THE INSTITUTE, AND MAY DELEGATE THESE POWERS TO OTHER OFFICIALS OR EMPLOYEES OF THE INSTITUTE, SUBJECT TO AUTHORIZATION FROM THE BOARD OF DIRECTORS. (1)
Art. 67.-For the acquisition of goods and services by the Institute, it will be planned
in the Law on Procurement and Contracts of Public Administration.
CHAPTER IX of Audit and Taxation
Art. 68.-The Institute shall be subject to the supervision of the Superior Council of Public Health, the audit of the Court of Auditors of the Republic, the Internal Audit Office and the External Audits that the Board of Directors deems appropriate to carry out.
CHAPTER X General Provisions
Art. 69.-This Law constitutes a special regime in respect of the Pension Savings System Act and will be applied in preference to any other laws or regulations and other
provisions for the administration of the Government Central or other autonomous state institutions or enterprises, which would be the contrarien.
Art. 70.-PERIODICALLY, THE INSTITUTE WILL EVALUATE THE PROVISION OF HEALTH SERVICES PROVIDED BY ITS SUPPLIERS TO USERS, AS WELL AS COMPLAINTS AND COMPLAINTS ABOUT THE MEDICAL, PROFESSIONAL AND ETHICAL PRACTICES OF THE PROVIDERS.
SERVICES. (1)
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Art. 71.-The professionals and health-related institutions that care for the users
of the Institute, shall respond to their acts in the professional exercise, when, by negligence, impericia, ignorance or inexcusable abandonment, they cause harm or The death of the patient.
The directors, officials and employees of the Institute, who disclose or take advantage of any confidential information that they have knowledge of in the performance of their duties, will incur liability for the damages to be caused to third parties, without prejudice to liability
penalty.
Those who violate this provision will be removed. To make removal or removal effective,
shall be subject to the provisions of the Hearing Guarantee Act for Employees not included in the Administrative Race or any legislation applicable to them; Criminal and civil liability to overcome.
Art. 72.-The Institute is obliged to provide the information requested to it, provided that the request is expressed in the object of the application. Only reports may be submitted at the request of any
competent authority and the Ministry of Education, as well as the users of the Institute, concerning themselves, even if they are of a secret or reserved character.
When the time limit for providing the information by the competent authorities shall not be provided within thirty days from the date of the filing of the application.
Art. 73.-The permanent staff of the Institute, as well as staff hired outside the professional or technical services regime, will be affiliated to the Salvadoran Social Security Institute and will be listed
to the general disease regime, maternity and professional risks that you administer the same.
CHAPTER XI
Transitional Provisions
Art. 74.-From the validity of this Decree, the Institute, by ministry
is transferred to the Institute of Law, all the rights and obligations that currently correspond to the Ministry of Education's Magisterial Welfare Directorate, derivatives of the existing or expired agreements or contracts that are still pending compliance, and any reference that is made to it,
will be understood to refer to the Institute.
Art.75.-To ensure the administrative continuity of the Health Program, the Ministry of
Education will transfer to Institute the goods, furniture and buildings, assigned to the Directorate of Magisterial Welfare.
The Ministry of Education will appoint a commission responsible for drawing up the inventory of these resources, for the sole effect of making the transfer and material delivery of the same.
Art. 76.-The Ministry of Finance is authorized to transfer in favor of the Institute, the balance of the funds available in the Special Fund of the Ministry of Education at the Central Bank of
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The Reserve of El Salvador, which constitute available current income and reserve.
As of the validity of this Law, all contributions to the public servants for the coverage of the medical and hospital care service in cases of illness
and maternity, will be transferred directly and exclusively to the Institute.
Art. 77.-The staff designated by the Law of Salaries or contracts corresponding to the Directorate
of the Ministry of Education's Magisterial Welfare, will become part of the staff of the Institute, after evaluation, absorbing this the obligations and other work performance of such staff.
Art. 78. Upon the entry into force of this Law, the Executive Body shall, by means of the corresponding formalities, allocate the funds necessary for the commencement of the functions of the ISBM.
Art. 79.-Tienense by members of the Institute created in this Law, to all the teachers affiliated with the Ministry of Education's Directorate of Magisterial Welfare that when this Decree comes into force, they will find themselves working for the State in that Class.
Also, be as a child, spouse or survivor of the teachers subject to this Law, to whom they have registered as such to the Ministry of Education's Directorate of Magisterial Welfare,
for the purpose of the enjoyment of the health benefits referred to by this Regime.
However, to the beneficiaries of those teachers who find themselves receiving health benefits in case of sickness under the extinct regime and who, in accordance with this Law no longer
have the right to them, will continue to receive such services from the following Way:
a) Until the continuous treatment that is received originated before
the entry into force of this Law, which in no case may exceed the twenty-one years of age of the beneficiary; and,
b) If you do not find yourself receiving the treatment mentioned in the previous literal, the benefits are end up to ninety days, counted from the time of this Decree. The duration of these services may only extend beyond that period
with the approval of the Board of Directors of the Institute, after evaluation and report of a medical commission considering special cases.
Art. 80.-The persons who, upon entry into force of this Decree, will be receiving permanent incapacity benefit under the Law of Assistance of the National Magisterium, will continue to receive it under the exclusive responsibility State financial in the Master of Education, until the
extinction of the right, which will be administered by the Institute.
In these cases, to be entitled to the medical-hospital coverage must be carried out from the
3% discount.
Art. 81.-As long as the regulation to elect Directors representing
has not been approved for the sectors referred to in (e) and (f) of Article 10 of this Law, the choice of such Directors, owner and alternate, for form the Institute's first Board of Directors, will be done as follows:
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a) For the Director-elect among the educators working in the technical units of the Ministry of Education, the Minister of Education shall elect the owner and alternate director of a third party proposed by the Management of Human Resources of that Ministry; and
b) For the three directors elected by the educators and their Alternate members shall be chosen by the Minister for Education, from the candidates ' terms of office proposed by the guilds
legally constituted teachers.
The Council so named will last for a year, counted from the moment
is complete.
Art. 82.-The regulations, instructions, resolutions and other agreements that have been issued
by the Ministry of Education's Directorate of Magisterial Welfare, shall remain in force in all that does not object to this Law, as long as they are not replaced or modified.
Art. 83.-Teachers who provide their services to the State through the EDUCO Program may be incorporated into the Institute in a gradual manner, only after two years, counted from
of the validity of this Law.
The Board of Directors will organize that the said incorporation be carried out in a proportional way, in a span not greater than three years, in order to its greatest service age, until
to complete the opportunity of entry to the Institute, to all of the mentioned public servants.
Art. 84.-The President of the Republic shall issue the General Regulation for the implementation of this Law.
CHAPTER XII Rogatory and Vigency
Art. 85.-Deroganse, as of the validity of this Law, the normative bodies that are then expressed:
a) The Law of Medical and Hospital Services for the Magisterium, issued by Legislative Decree No. 588, dated 22 of February 1968, published in Official Journal No. 41,
Volume 218, 28 of that same month and year and its reforms;
b) The Law of Assistance of the National Magisterium, issued by Legislative Decree No.
379, dated July 6 1971, published in Official Journal No. 131, Volume No. 232, of the 18th of the same month and year and its reforms; and,
c) Article 108 of the General Budget Provisions.
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Art. 86.-This Decree will enter into force on April 1 of the year two thousand eight, prior to
publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-two days of the month
of November of the year two thousand seven.
RUBEN ORELLANA,
PRESIDENT.
ROLANDO ALVARENGA ARGUETA, FRANCISCO ROBERTO LORENZANA DURAN,
VICE-PRESIDENT. VICE PRESIDENT
JOSÉ RAFAEL MACHUCA ZELAYA, RODOLFO ANTONIO PARKER SOTO,
VICE-PRESIDENT. VICE PRESIDENT
ENRIQUE ALBERTO LUIS VALDES SOTO, MANUEL ORLANDO QUINTEROS AGUILAR,
SECRETARY. SECRETARY
JOSÉ ANTONIO ALMENDARIZ RIVAS, NORMAN NOEL QUIJANO GONZÁLEZ,
SECRETARY. SECRETARY ZOILA BEATRIZ QUIJADA SOLIS,
SECRETARIAT.
CASA PRESIDENTIAL: San Salvador, at the fourteenth day of December of the year two thousand seven.
PUBESQUIESE,
ELIAS ANTONIO SACA GONZÁLEZ, President of the Republic,
Darlyn Xiomara Meza, Minister of Education.
D. O. No. 236 Took No. 377 Date: December 18, 2007.
REFORMS:
(1) D.L. No. 415, July 11, 2013; D.O. No. 147, T. 400, AUGUST 14, 2013.
(2) D.L. No. 887, DECEMBER 4, 2014; D.O. NO. 238, T. 405, DECEMBER 19, 2014.
AUTHENTIC INTERPRETATION:
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D.L. No. 757, 16 JUNE 2011, (Inc. 2nd, Art. 64) D.O. No. 122, T. 391, JUNE 30, 2011.
PARTIAL REPEAL:
D.L. No. 747, 16 JULY 2014;
D.O. No. 141, T. 404, JULY 30, 2014.
RELATED PROVISIONS:
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.
D.L. No. 13, 04 JUNE 2015;
D.O. No. 115, T. 407, JUNE 26, 2015. (Art. 29 And 31)
SV/adar
NGCL 14/02/11
JCH 19/07/11
SV 10/09/13
JCH 02/09/14
FN 10/02/15
FN 23/07/15
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