Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 187.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That according to the Constitution of the Republic, it is the duty of the State protecting the family as a fundamental basis of society;
II. The legal professionals authorized to practice law in the Republic of El Salvador, currently do not have a law that guarantees them appropriate services for their welfare, social and economic development for both the and their group family, which is why it is appropriate to establish a mutual system establishing a special system of social security and security;
FOR TANTO,
in use of its constitutional powers and at the initiative of the deputies Gerardo Antonio Suvillaga, Rene Mario Figueroa Figueroa, Walter Rene Araujo Morales, Arturo Argumedo, Francisco Alberto Jovel Urquilla, Jose Vicente Machado Salgado, Jorge Alberto Carranza, Jose Armando Cienfuegos Mendoza, Jose Daniel Vega, David Acuna, Jorge Alberto Villacorta Munoz, Segundo Alejandro Dagoberto Marroquín, Marcos Alfredo Valladares, Eli Avileo Diaz Alvarez,
DECRETA, the following:
ATTORNEY SOCIAL SECURITY AND FORECASTING REGIME
CHAPTER I
CREATION, APPLICATION FIELD, AND CAPABILITIES
Art. 1.-Establish a mutual system establishing a special provision of social security and social security for the Professional of the Right to practise law in the Republic of El Salvador and his family, which shall be governed by the provisions of This law and its regulations.
GRADUATES AND GRADUATES OF THE VARIOUS FACULTIES OF LEGAL SCIENCES, CASE LAW AND SOCIAL SCIENCES OR SCHOOLS OF LAW OF ACCREDITED UNIVERSITIES IN THE COUNTRY MAY ALSO JOIN. WITHIN THE NEXT FIVE YEARS OF HOLDING SUCH A QUALITY. (3)
Art. 2. The special provision of social security and social security for the Professional of the Law entitled to practice law in the Republic of El Salvador, including its family group, will include the provision of services in the areas of health, maternity, invalidity pensions, old age and death, life insurance, sepelium aid and all those that are themselves of the subject of social security and security.
The benefits in each of the areas referred to in the above, shall be granted in a gradual and progressive manner, taking into account the degree of efficiency of the institution which administer the system,
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the economic situation, the most urgent needs of the beneficiary population, and the technical and financial possibility of providing the service.
Any benefit will be the subject of an actuarial study prior to its grant and may be authorized only if the result of such a study is favourable and the appropriate funding is available. The requirements and conditions for granting each of the benefits will be laid down in special regulations.
The benefits will be extended to the beneficiaries who establish the corresponding regulation.
THE REGIME THE LAWYER MAY ALSO UNDERSTAND THE PROVISION OF SERVICES IN THE AREAS REFERRED TO IN THE FIRST PARAGRAPH OF THIS ARTICLE, INSTITUTIONS OR GROUPS OF LAWYERS WHO SO REQUEST, SUCH AS SPECIAL PROGRAMS. COMPLEMENTARY TO THE GENERAL PERFORMANCE PLAN. (1)
Art. 3.-THE AFFILIATION TO THE REGIME ESTABLISHED BY THIS LAW IS OF A VOLUNTARY NATURE AND MAY BELONG TO IT, THE PROFESSIONALS OF THE LAW, THE GRADUATES AND THE GRADUATES OF THE DIFFERENT UNIVERSITIES OF THE REPUBLIC OF EL SALVADOR, AND ALSO THOSE WHO THEY HAVE BELONGED AND WISH TO CONTINUE IN THE REGIME. (3) (5)
Art. 4.-IN RELATION TO LAWYERS WORKING IN THE COURT AND OTHER BRANCHES OF THE PUBLIC ADMINISTRATION, AND DECENTRALIZED ENTITIES, THE BOX SHALL ADMINISTER AND PAY FOR BASIC OR FREE LIFE INSURANCE, WHICH THE STATE GRANTS TO ITS OFFICIALS AND EMPLOYEES. THE CASE OF LAWYERS INCORPORATED INTO THE LEGAL REGIME OF THE MUTUAL BOX OF EMPLOYEES OF THE MINISTRY OF EDUCATION IS EXCEPTED IN RESPECT OF THE INSURANCE REFERRED TO.
FOR THE LEGAL EFFECTS IN RELATION TO THE PROVISIONS OF THE PREVIOUS PARAGRAPH, THE STATE WILL PAY A MONTHLY PREMIUM OF 0.705 COLONES PER MILLAR FOR EACH INSURED PERSON: FOR WHICH THE SUPERINTENDENCE OF PENSIONS WILL ASK THE DIFFERENT ENTITIES THE PAYROLL OF PROFESSIONALS AND AFTER THEIR APPROVAL WILL REFER THEM TO THE MINISTRY OF FINANCE FOR THE RESPECTIVE DISBURSEMENT. (5)
CHAPTER II
ADMINISTRATION OF THE REGIME AND OTHER ATTRIBUTIONS
Art. 5. FOR THE ADMINISTRATION OF THE REGIME AND SOCIAL SECURITY ESTABLISHED BY THIS LAW, CREATE AN AUTONOMOUS INSTITUTION, OF CREDIT, OF PUBLIC LAW, WITH LEGAL PERSONALITY AND ITS OWN PATRIMONY, WHICH WILL BE CALLED THE CASE MUTUAL OF THE LAWYER OF THE SALVADOR.
IN THE CONTEXT OF THIS LAW, THE MUTUAL FUND OF THE LAWYER OF EL SALVADOR, MAY ALSO BE CALLED WITH ITS ABBREVIATION CAMUDASAL OR SIMPLY THE BOX.
FOR THE PURPOSES OF COMPLYING WITH ARTICLE 2 OF THIS LAW, CAMUDASAL MAY MAKE ALLIANCES OR CONCLUDE AGREEMENTS WITH PUBLIC OR PRIVATE INSTITUTIONS OF A NATIONAL OR INTERNATIONAL NATURE THAT HOLD THE SAME Finality. (5)
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Art. 6.-The Caja will have its domicile in the city of San Salvador, where it will exercise its main activities, being able to extend these to all the national territory and as a consequence to establish dependencies in any of its populations and, to point out special addresses.
Art. 7.-THE BOX WILL ALSO HAVE FACULTY TO GRANT THE BENEFITS OF LOANS TO ITS AFFILIATES. (1)
Art. 8.-The Box will be related to the Public Administration through the Supreme Court of Justice.
CHAPTER III
ORGANIZATION AND FUNCTIONS OF THE BOX
Art. 9.-The Management and Administration of the Fund will be in charge of a Board of Directors and Management.
Art. 10. THE GOVERNING COUNCIL SHALL BE INTEGRATED INTO THE FOLLOWING FORM:
(a) A REPRESENTATIVE OF THE FEDERATION OF ASSOCIATIONS OF LAWYERS OF EL SALVADOR, APPOINTED BY ITS BOARD OF DIRECTORS.
(b) A REPRESENTATIVE FOR EACH OF THE CENTRAL, WESTERN AND EASTERN AREAS OF THE NATIONAL TERRITORY, ELECTED IN GENERAL ASSEMBLY OF THE FEDERATION OF ASSOCIATIONS OF LAWYERS OF EL SALVADOR, WITHIN THE TERNS PROPOSED BY THE ASSOCIATIONS FEDERADAS HAVING THEIR DOMICILE IN THE RESPECTIVE AREA.
(c) A REPRESENTATIVE OF THE MEMBERS WHO IS NOT PART OF THE ASSOCIATIONS OF FEDERAL LAWYERS, WHO SHALL BE APPOINTED IN ASSEMBLY, ON A PROPOSAL FROM THE CONCURRENT, BY VOTE, FREE, DIRECT AND BY SHOW OF HANDS, OF THE MAJORITY, WHICH MUST NOT BE MEMBERS OF A FEDERAL ASSOCIATION OF LAWYERS.
(d) A REPRESENTATIVE OF THE MINISTRY OF FINANCE APPOINTED BY THE MINISTER OF THE BRANCH.
THERE WILL BE THE EQUAL NUMBER OF ALTERNATES ELECTED AND APPOINTED IN THE SAME WAY AS THE OWNERS. (4) (5)
Art. 11. THE MEMBERS OF THE BOARD OF DIRECTORS, OWNERS AND ALTERNATES SHALL BE AFFILIATED TO THE DAY IN THE PERFORMANCE OF THEIR OBLIGATIONS WITH THE BOX AND IN THEIR CASE BE IN THE ENJOYMENT OF THEIR RIGHTS AS MEMBERS OF THE APPLICANT ASSOCIATIONS AND BODIES THAT ELECT THEM; THEY SHALL LAST FIVE YEARS IN THEIR DUTIES IF THEY MEET THE RELEVANT REQUIREMENTS AND MAY BE ELECTED OR APPOINTED AS THE CASE MAY BE, FOR AN ADDITIONAL PERIOD, IRRESPECTIVE OF WHETHER THEY HAVE BEEN ELECTED OR APPOINTED FOR A PERIOD. COMPLETE OR TO CONCLUDE ANOTHER.
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MAY NOT BE PART OF THE SAME BOARD OF DIRECTORS, EITHER AS THE OWNER OR ALTERNATE, THE SPOUSES, LIFE PARTNERS OR RELATIVES TO EACH OTHER WITHIN THE FOURTH DEGREE OF CONSANGUINITY OR SECOND DEGREE OF AFFINITY OR ADOPTION.
NEITHER WILL THEY BE ABLE TO BE PART OF THE BOARD OF DIRECTORS OR THEY SHOULD BE EXCLUDED FROM IT, THOSE WHO AT THE MOMENT OF THE ELECTION WILL BE SANCTIONED WITH SUSPENSION OR DISABLEMENT FOR THE EXERCISE OF THE LAW; AS WELL AS THE PROFESSIONALS WHO THEY HAVE FILED OR FILED INSOLVENCY PROCEEDINGS IN RESPECT OF OBLIGATIONS ACQUIRED IN FAVOUR OF THE CASE, WHICH HAS REQUIRED ADMINISTRATIVE OR JUDICIAL ACTION. (1) (4) (5)
Art. 12.-TO BE MANAGER, IN ADDITION TO BEING FULFILLED WITH THE PROVISIONS OF THE PREVIOUS ARTICLE, IT IS NECESSARY:
a) TO BE LAWYER.
(b) BE AUTHORIZED FOR THE EXERCISE OF THE PROFESSION FOR AT LEAST FIVE YEARS.
c) BE PROVEN GOOD PUBLIC OR PRIVATE CONDUCT.
(D) HAVE BELONGED IN A CONSECUTIVE MANNER AND WITHOUT INTERRUPTION FOR AT LEAST THE LAST FIVE YEARS TO THE BOX.
E) BEING A SALVADORAN BY BIRTH AND OVER THIRTY YEARS. (5)
Art. 13.-AT THE INSTALLATION SESSION, THE DIRECTORS APPOINTED IN ACCORDANCE WITH THE PRECEDING ARTICLES SHALL ELECT A PRESIDENT, A VICE-PRESIDENT AND A SECRETARY.
THE PRESIDENT WILL HAVE THE LEGAL REPRESENTATION OF THE BOX, CHAIR THE SESSIONS OF THE BOARD OF DIRECTORS AND THE GENERAL ASSEMBLY, WHEN IT IS CONSTITUTED IN AN ORDINARY OR EXTRAORDINARY MANNER FOR THE PURPOSES OF THE LITERAL. 10 OF THIS LAW, AND IN CASES OF ABSENCE OR IMPEDIMENT SHALL BE REPLACED BY THE VICE-PRESIDENT WITH EQUAL POWERS OR BY THE MEMBERS OF THE BOARD OF DIRECTORS IN THE ORDER LISTED IN ARTICLE 10 ABOVE, IF THE REPLACEMENT INDICATED IT IS NOT POSSIBLE.
THE SECRETARY SHALL BE RESPONSIBLE FOR THE BOOK OF MINUTES OF THE BOARD OF DIRECTORS, FOR THE HANDLING OF CORRESPONDENCE AND FOR THE ISSUE OF CERTIFICATIONS TO BE ISSUED, JOINTLY OR SEPARATELY WITH THE PRESIDENT. (4) (5)
Art. 14. THE STEERING BOARD SHALL BE CONVENED IN AN ORDINARY MANNER AT LEAST ONCE A MONTH, AND SHALL BE EXTRAORDINARY WHEN CONVENED BY THE PRESIDENT AT HIS INITIATIVE OR AT THE WRITTEN REQUEST OF AT LEAST THREE OF ITS MEMBERS, WITH AN EXPRESSION OF REASONS.
TO HOLD SESSIONS VALIDLY AND TO TAKE AGREEMENTS WILL NEED THE ASSISTANCE AND THE VOTE WILL ANSWER FOUR OF THE DIRECTORS THAT MAKE UP THE COUNCIL
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MANAGER, OR WHO THEY DO THEIR TIMES, AT LEAST.
IN CASE OF TIE-UPS AT THE TIME OF THE VOTE, THE PRESIDENT WILL HAVE A VOTE OF QUALITY, IN ORDER TO BE ABLE TO OVERCOME THE IMPASSES IN THE DECISION-MAKING PROCESS. (5)
Art. 15.-THE OWNERS WILL CHARGE A DAILY ALLOWANCE OF ONE HUNDRED AND TWENTY-FIVE DOLLARS FROM THE UNITED STATES OF AMERICA ($125.00) EACH, PER SESSION THAT THEY CELEBRATE AND ATTEND, THE SUBSTITUTE DIRECTORS ONE HUNDRED DOLLARS FROM THE UNITED STATES OF AMERICA ($100.00), WITHOUT THE OWNERS AND FOUR HUNDRED OF THE ALTERNATES MAY BECOME MORE THAN FIVE HUNDRED DOLLARS A MONTH, EVEN IF THE NUMBER OF SESSIONS IS GREATER THAN FOUR.
HOWEVER, WHEN AN ALTERNATE HAS TO ATTEND IN A DEFAULT SESSION OF AN OWNER, HE OR SHE WILL ACQUIRE THE RIGHTS AND OBLIGATIONS THAT CORRESPOND TO HIM AND WILL EARN A DIET IN THE SAME PROPORTION.
IF THE STEERING BOARD CONSIDERS IT NECESSARY, THE PRESIDENT WILL SERVE HIS DUTIES FULL TIME, EARNING THE SALARY THAT THE SAME COUNCIL POINTS OUT. (4) (5)
Art. 16.-They are the powers and duties of the Board of Directors:
a) To direct and administer the Fund in accordance with the laws, regulations and other provisions of a general nature that in compliance with its powers issue;
b) OF REFORMS TO THE GENERAL REGULATION OF THIS LAW, AND TO SUBMIT THEM TO THE PRESIDENCY OF THE REPUBLIC FOR DELIBERATION AND APPROVAL; (4)
C) TO ELABORATE AND APPROVE THE SPECIAL REGULATIONS AND THEIR REFORMS, TO REGULATE THE GRANTING OF BENEFITS AND BENEFITS, AND ISSUING THE MANUALS, CIRCULARS AND OTHER PROVISIONS WHICH THEY ARE NECESSARY FOR THE BEST OPERATION OF THE BOX. (4)
d) Name, license and remove the Cash Manager and the sub-managers;
e) Designate the external auditor or the firm of auditors who will perform this function, pointing out their emoluments and, if applicable, cancelling their contract;
f) Appoint the rest of the staff of the Caja and establish the disciplinary regime based on the respective regulations. The Board of Directors may delegate some of these privileges to the Manager or Submanagers;
g) Approve the investment of funds and the granting of benefits and benefits, in accordance with law and regulations;
h) Delegate to the Manager the acquisition of movable property and the granting of its benefits, in the circumstances and conditions that it points out to you;
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I) AUTHORIZE THE PURCHASE, SALE, LIEN AND LEASE OF THE GOODS IN THE BOX, THE HIRING OF LOANS AND ALL MANNER OF OBLIGATIONS; THE GRANTING OF POWERS AND THE JUDICIAL TRANSACTIONS AND EXTRAJUDICIAL. (4)
j) Study and approve the revenue, expenditure and salary scale projects of the staff present to you by the Manager;
k) APPROVE OR TEST THE FINANCIAL STATEMENTS AND THE ANNUAL WORK MEMORY AND SUBMIT THEM TO THE KNOWLEDGE OF THE GENERAL ASSEMBLY; (4)
l) Report to the General Assembly of annual management;
m) Meeting the requests and claims of affiliates or their beneficiaries and take the appropriate resolution;
n) Deciding on any another unspecified matter and that is required for system purposes compliance;
n) TO SET UP THE COMMITTEES REFERRED TO IN ARTICLE 31 OF THIS LAW AND THE OTHERS IT CONSIDERS APPROPRIATE. (4)
o) Exercise and fulfill the privileges and duties that other laws establish.
p) PROMOTE THE BENEFITS THAT THE BOX GRANTS IN ORDER TO ACHIEVE THE HIGHEST NUMBER OF AFFILIATIONS OF LAWYERS IN THE COUNTRY, THROUGH ACTIVITIES SOCIAL, CULTURAL AND ANY OTHER THAT THE BOARD OF DIRECTORS APPROVES. (4)
Art. 17.-Corresponds to the Manager:
a) Comply and enforce the laws, regulations and agreements of the Board of Directors that govern the administration of the Caja;
b) Propose to the Board of Directors the appointment, promotion, concession of licenses, application of disciplinary sanctions and removal of the staff members of the Caja and, or the Submanagers;
c) Present to the Board of Directors, thirty days before the end of the fiscal year of the Caja by the less, the annual budget of revenue and expenditure and salaries; and, the financial statements annual and annual work memory, within 60 days of the end of the financial year; and,
d) to exercise the other powers delegated to it by the Board of Directors, for the proper functioning of the Fund.
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Art. 18.-In the light of the need for division and specialization in the work, the Board of Directors may appoint Submanagers and determine the privileges and functions that will correspond to them within those mentioned in the previous article.
THE MANAGER, THE DEPUTY MANAGERS, AND THE EMPLOYEES OF THE BOX MAY NOT BE LINKED WITH EACH OTHER OR WITH THE DIRECTORS, BECAUSE OF TIES OF KINSHIP TO THE FOURTH DEGREE OF CONSANGUINITY OR SECOND OF AFFINITY OR FOR ADOPTION, NEITHER BEING SPOUSES, NOR COMPANIONS OF LIFE. (4)
Art. 19.-The members of the Board of Directors and the Manager and sub-managers who, by intent or serious fault, approve or execute operations contrary to the laws, regulations or agreements of the Board of Directors, shall respond jointly and with their own property the loss of such operations to the Fund or to its members, without prejudice to the criminal or other order that they have.
Art. 20. The Manager or Deputy Managers may not refuse to comply with the decisions of the Board of Directors, but shall save their liability by stating their inconformity in the minutes of the session in which the decision is taken or by notifying the Board of Directors in writing to the President of that Council before giving it compliance.
Art. 21. No member of the Board of Directors, nor the Manager or sub-managers, may intervene or know in matters relating to the Fund, nor to those in which their spouse, partner or life partner, and relatives within the fourth degree of affinity or second affinity or for adoption.
CHAPTER IV
BASIC RULES FOR GRANTING
BENEFITS AND BENEFITS
Art. 22.-The Fund, in accordance with its actuarial utilities and studies, may assume part of the costs of benefits and benefits it grants, up to twenty-five percent of the profits, in the terms and conditions determined in the respective regulations.
Art. 23.-THE BOX WILL GRANT LOANS TO ITS AFFILIATES AND PENSIONERS, WITH REAL, PERSONAL AND FINANCIAL GUARANTEES, AS LONG AS THEY ARE ACCEPTED BY THE BOARD OF DIRECTORS.
LOANS SHALL BE GRANTED WITHIN A MAXIMUM OF 120 MONTHS, WITH AN ANNUAL INTEREST RATE EQUAL TO OR LESS THAN THE REAL INTEREST RATE OF THE FINANCIAL SYSTEM, FOR LOANS OF THE SAME CLASS, AND SHALL BE FIXED BY THE BOARD OF DIRECTORS ON THE BASIS OF COMPETITIVENESS OF MARKETS AND THROUGH COMPLIANCE WITH THE REQUIREMENTS LAID DOWN IN THE RELEVANT REGULATION.
NOTWITHSTANDING THE ABOVE, THE BOARD OF DIRECTORS MAY EXTEND THIS PERIOD FOR PURPOSES SUCH AS: THE ACQUISITION OF HOMES, PREMISES FOR OFFICES AND OTHER SIMILAR, PROVIDED THAT THEY PRECEDE AN ACTUARIAL STUDY FAVOURABLE TO DEMONSTRATE THE TECHNICAL AND FINANCIAL FEASIBILITY OF THE PROPOSED ENLARGEMENT. (4)
Art. 24.-ANY MORTGAGE LOAN MUST BE SECURED WITH FIRST MORTGAGE CONSTITUTED ON IMMOVABLE PROPERTY OF THE APPLICANT AND/OR THE CO-DEBTOR OF SOLIDARITY.
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WHEN THE PROPERTY OFFERED UNDER WARRANTY IS IN PROINDIVISION OR THE PROPERTY IS FRACTIONATED, IT WILL BE NECESSARY FOR THE CO-OWNERS TO PARTICIPATE IN THE GRANTING OF THE MORTGAGE, TAXING THEIR RESPECTIVE RIGHT.
THE PROPERTY OFFERED UNDER GUARANTEE MUST COVER THE AMOUNT OF THE LOAN AND ONE THIRD MORE.
SECOND MORTGAGE MAY BE ACCEPTED AS LONG AS THE PROPERTY OFFERED UNDER GUARANTEE IS TAXED WITH FIRST MORTGAGE IN FAVOUR OF THE CASH. (4)
Art. 25.-AS A REQUIREMENT FOR ANY LOAN, THE DEBTOR ' S OBLIGATION TO SUBSCRIBE INSURANCE SHALL BE ESTABLISHED IN ORDER TO ENSURE THAT, IN THE EVENT OF HIS DEATH, THE INSURANCE INSTITUTION IS OBLIGED TO PAY THE OUTSTANDING AMOUNTS OF THE LOAN. (1) (2)
Art. 26.-Authorised by the Board of Directors the granting of a mortgage credit, the certificate shall be obtained from the point of the respective act, in which it consists: the date of the act, the name and the surname of the debtor, the amount of the credit agreed, the time limit for their amortization, and registrations in the Root and Mortgage Property Registry of the property or the real estate offered under warranty.
This certification signed by the Manager or who does his/her times, will be recorded in the preemptively Register, by marginalizing the corresponding seats.
Preemptively logged certification, no document may be registered in which it is serious, transfer or modify in some way the domain of the property in question, but only the one containing the mortgage charge to be granted in guarantee of the loan granted. The effects of such a charge once entered, will be rolled back to the date of the presentation to the Register of the certification recorded pre-emptively.
The preventive annotation can only be cancelled by notice of the Box and, it will cease to have effects ninety days after the following entry, if within that term the respective mortgage has not been filed for registration or, upon being signed, the resolution that denies the registration.
Art. 27.-Only a new mortgage loan may be granted, when requested to make improvements or extensions to the buildings referred to in paragraph 1. Article 23 of this Law.
Art. 28.-THE CONDITIONS OF LOANS WITH A MORTGAGE GUARANTEE, WITH A PERSONAL GUARANTEE AND OTHERS, SHALL BE THE SAME AS STATED IN ART. 23; EXCEPT AS REGARDS TIME LIMITS, INTEREST, OR DIFFERENCES ESTABLISHED BY LAW, BY REGULATIONS OR BY SPECIAL PROVISIONS OF THE BOARD. (3) (4)
Art. 29.-ANY PERSONAL LOAN MAY BE GUARANTEED WITH THE SALARY OR PENSION OF THE DEBTOR AND HIS BALANCES MAY BE COMPENSATED IN CASE OF DEATH, WITH ANY SUM TO BE RECEIVED FROM THE CASH. (3)
Art. 30. THE BOX SHALL NOT GRANT NEW LOANS WHERE AT LEAST FIFTY PER CENT OF THE PREVIOUS LOAN HAS NOT BEEN CANCELLED, EXCEPT IN CASES OF EMERGENCY DULY PROVEN IN THE PRUDENTIAL JUDGMENT OF THE BOARD OF DIRECTORS, WITHOUT
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PREJUDICE TO THE REFUNDING THAT IS GRANTED AND IN WHICH THE ENTIRE PREVIOUS LOAN IS CANCELLED. (4)
Art. 31.-FOR THE PROCESSING OF THE LOANS, THE BOARD OF DIRECTORS MAY CREATE THE COMMITTEES IT DEEMS NECESSARY, INDICATING ITS PRIVILEGES IN THE RESPECTIVE AGREEMENT. (1)
Art. 32.-THE REPAYMENT OF THE LOANS WILL BE MADE BY MEANS OF MONTHLY INSTALMENTS OF CONSTANT AMOUNT, WHICH WILL INCLUDE WRITE-DOWNS TO CAPITAL AND INTEREST, PLUS ONE PERCENT THAT WILL BE USED TO CONSTITUTE A FUND OF BAD ACCOUNTS.
WITH THE AMOUNT OF ONE PERCENT, A SPECIAL RESERVE WILL BE FORMED THAT WILL REMAIN DEPOSITED IN THE FINANCIAL SYSTEM OR IN LOANS SECURED WITH FIRST MORTGAGE ON REAL ESTATE. (1) (4)
Art. 33.-THE BOX MAY SUSPEND THE GRANTING OF LOANS IN CONSIDERATION OF ITS ECONOMIC SITUATION AND FOR THE PERIOD NECESSARY WITHIN THE GUIDELINES OF A GOOD FINANCIAL SYSTEM, WHICH RESPONDS TO THE TRENDS OF THE MONEY MARKET AND THE BOX INTERESTS. (1)
CHAPTER V
FINANCIAL ORGANIZATION
Art. 34.-The cost of the benefits and benefits of the system and the administration of the Fund will be financed by the following resources:
a) The contributions of the insured;
b) The initial contribution granted by the State;
c) (d) the shares which are paid by persons enjoying the benefits of a credit granted by the Fund and their own funds,
contributions to the accounts of the Bank; surcharges;
e) The income, interest, commissions, and profits from the assets of the Caja;
f) The goods that the Box acquires to any title; and,
g) The other income that is obtained.
Art. 35.-THE FIXED COSTS OF ADMINISTRATION OF THE BOX SHALL BE COVERED BY INCOME FROM THEIR INVESTMENTS AND MAY NOT EXCEED A PERCENTAGE TO BE FIXED EACH YEAR, BY AGREEMENT OF THE BOARD OF DIRECTORS BASED ON A FINANCIAL STUDY CURRENT. (1) (2)
Art. 36.-Insurance system contributions and premiums will be discounted from the salary or
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users ' salaries, subject to written authorization, by those in charge of the payment, who must submit their product to the Caja accompanied by a payroll, within eight working days and under the conditions to be set by the respective Regulation. In the cases of the members who have no salary or salary, it will be up to them to bring the total of their payments to the Fund. The Caja may establish an administrative system that facilitates such payments.
ARREARS IN THE PAYMENT OF THREE CONSECUTIVE MONTHLY INSTALMENTS OR OTHER CHANGES, WILL RESULT IN THE EXTINCTION OF ANY ENTITLEMENT TO BENEFITS IN FAVOUR OF THE AFFILIATE AND ITS BENEFICIARIES. HOWEVER, THE PERSON CONCERNED MAY BE ASSURED ONCE AGAIN AND WHEN HE CANCELS THE THREE MONTHS OF ARREARS AND THE FIRST INSTALMENT OF THE NEW INSURANCE POLICY, AS WELL AS THE CORRESPONDING SURCHARGES AND INTEREST. (4)
If the payment handlers do not verify the retention and remission referred to in the first paragraph of this article, the Cash Manager shall inform the appropriate authority to impose the penalty that is applicable to the payment. offenders.
Art. 37.-The procedure laid down in the foregoing Article shall be followed for the recovery of the appropriations granted by the Fund. For these purposes, the Management will notify the entity or person in charge of the payment of wages or salaries, the granting of each credit, the amount of the amount to be paid monthly and the start dates and the end of the respective discount.
the pension of the members will be automatically taxed with the credit granted and the person in charge of his/her payment will be obliged to carry out the corresponding deductions and to immediately repay their value to the Caja, accompanied by a payroll with the identification of each debtor affiliate. The same scheme applies to the payment of insurance premiums.
Art. 38.-The Box may pay the cost of the services that are necessary to obtain the payment of the benefits or benefits to be granted.
Art. 39.-The Fund shall constitute its technical and mathematical reserves, if any, according to the actuarial studies prepared, according to the nature of the insurance, revenue, expenditure, administrative expenditure, benefits and other factors applicable to the nature of operations.
CHAPTER VI
AUDIT AND AUDIT
Art. 40.-The Fund shall be subject to the inspection and surveillance of an auditor or auditors, appointed by the Board of Directors.
The auditor shall meet the requirements of the Trade Code.
The auditor shall:
a) To view the budget clearance account and other documents relating to the financial management of the Fund, which must be submitted to the Board of Directors;
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b) Give the Council a report on the annual financial statements and must also present the Manager with a report on the financial situation and the manner in which the operations of the Fund have been completed, including any comments or suggestions that may be appropriate to your judgement to improve it;
c) To report annually to the General Assembly; and,
d) To carry out the other obligations that correspond to the regulations and provisions of the Board of Directors.
Art. 41.-The Caja will also be subject to the audit of the Court of Auditors of the Republic, to whom it will be supported by the respective vouchers.
The audit will be done in an appropriate manner to the nature and purposes of the Institution, under the special regime set out below:
a) For the purposes of this audit the Court of Auditors shall appoint a permanent delegate, who in the performance of his duties, shall work during the hearing. complete in the Institution's own offices;
b) The Permanent Delegate will have the following attributions:
1. Review the accounting of the Caja, in accordance with the audit rules;
2. Perform the archways and checks that you consider convenient, examine the different balances and states, and verify them with the books, documents, and stocks; and,
3. Ensure that the institution's operations are made in accordance with the law and regulations; as well as that the expenses are in line with the estimates of the budgets.
The delegate will not have the power to object or to resolve on the basis of estimates of the convenience or inconvenience of the operations or services that the Caja performs in the pursuit of its purposes.
c) When in the exercise of its privileges the Delegate will notice any irregularity or infraction, inform the President of the Fund in writing within forty-eight hours on the facts and circumstances of the case, and to indicate a reasonable period for the irregularity or infraction to be remedied.
If, in the opinion of the Board of Directors, there is no irregularity or infraction in the act observed by the Delegate, make known in writing and within the time limit that it has indicated, stating the reasons and explanations relevant.
If the Delegate is not satisfied with the reasons and explanations received, or does not obtain an answer, it shall raise the case to the President of the Court of Auditors
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of the Republic, who after hearing the Board of Directors will decide what it deems appropriate;
d) When the Board of Directors is not in accordance with a resolution of the President of the Court of Auditors the Republic, issued in the cases referred to in the preceding literal, may to raise the case to the Executive Body for the resolution of the Council of Ministers, in accordance with the provisions of the Constitution.
In all the provisions of this article, the provisions of the Organic Law of the Court of Auditors of the Republic.
Art. 42.-They shall not apply to the management of the Fund: The Law of Treasury, the Law of Supplies, nor any other provisions relating to the collection, custody and administration of public funds, to the general handling of State assets and to staff capabilities.
CHAPTER VII
TESTS, PROCEDURES, AND RESOURCES
Art. 43.-The procedure for granting benefits and benefits must be completed within 60 days of the admission of the application.
Art. 44.-The beneficiaries of the members who are considered to be entitled to the benefits that they will enjoy at the time of their death, will request their grant to the Fund, accompanying the corresponding documentation. The Fund shall give notice by the means at its disposal to the beneficiaries, in order to ensure that they make due use of their rights and provide them with all the information they request for this purpose.
Art. 45.-Of the resolutions issued by the Manager or Deputy Managers, may be appealed to the Board of Directors, within five working days following the notification thereof.
Art. 46.-The review facility may be brought before the Board of Directors of the resolutions which it delivers within 15 days of the notification.
Art. 47.-The Board of Directors shall be obliged to give its decision in any of the cases referred to in the two preceding articles, within a period of 15 days after the date on which it is materially aware.
Art. 48.-The steps that the members or their beneficiaries follow to obtain benefits or benefits, shall not cause any tax or contribution, as well as the extension of the documents required for that purpose.
Art. 49.-The other rules on testing, procedures and resources related to the benefits and benefits of the Caja will be determined in the respective regulations.
CHAPTER VIII
OF THE ASSEMBLY GENERAL
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Art. 50.-THE GENERAL ASSEMBLY SHALL BE COMPOSED OF ALL THE MEMBERS OF THE BOX. (1)
Art. 51.-THE PRIVILEGES OF THE GENERAL ASSEMBLY OF AFFILIATES SHALL BE AS FOLLOWS: (1)
(a) RECEIVE FROM THE BOARD OF DIRECTORS THE ANNUAL MANAGEMENT REPORT; (1)
(b) RECEIVE THE ANNUAL FINANCIAL REPORT FROM THE AUDITOR; (1)
(c) APROBAR OR PROVE THE ANNUAL FINANCIAL STATEMENTS AND THE REPORTS MENTIONED; (1) (4)
d) RATIFY THE APPOINTMENT OF THE AUDITOR OR THE AUDITORS. (1)
Art. 52. The General Assembly shall be held at least once a year within the first ninety days of each calendar year, upon convocation of the Board of Directors.
Art. 53.-The General Assembly shall be convened 15 days in advance in writing and by means of a notice to be published in a national circulation journal.
Art. 54.-The General Assembly shall be chaired by the Chairman of the Board of Directors or shall be governed by the second paragraph of Article 13 of this Law.
Art. 55.-THE QUORUM FOR HOLDING GENERAL ASSEMBLY SESSIONS SHALL BE HALF AS ONE OF THE MEMBERS. IF AT THE APPOINTED TIME THE QUORUM IS NOT REQUIRED, THE BOARD OF DIRECTORS SHALL DRAW UP THE MINUTES OF SUCH A SITUATION, AND THE SESSION SHALL BE HELD VALIDLY ONE HOUR AFTER THE MEETING WITH THE MEMBERS ATTENDING. IN BOTH CASES THE AGREEMENTS WILL BE TAKEN BY A MAJORITY OF VOTES AND WILL BE ENFORCED. THEY WILL ONLY HAVE THE RIGHT TO INTEGRATE THE QUORUM AND TO VOTE FOR AFFILIATES WHO ARE SOLVENT WITH THEIR COMMITMENTS TO THE BOX. (1)
Art. 56.-The General Assembly Sessions shall be public. Resolutions shall be taken by a majority of votes; votes may be secret, or as set out in the Rules of Procedure or determined by the General Assembly itself.
CHAPTER IX
GENERAL AND TRANSITIONAL PROVISIONS
Art. 57.-Each affiliate shall have an obligation to fill in a plica in which it shall designate its beneficiaries in the various benefits, indicating the percentage amounts allocated to each of them. In the absence of a plica, the rules of common law will apply.
Art. 58.-Create the provisional Commission to carry out the integration efforts of the first Board of Directors of the Caja, which will be formed as follows:
a) A representative of the Federation of Lawyers Associations of El Salvador, who
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will act as Chairman of the commission;
b) A representative of the Supreme Court, with functions of First Vocal of the Commission;
c) A representative of the Ministry of Finance, with Second Vocal functions of the Commission.
Art. 59.-The Provisional Commission of the Caja shall have a period not greater than 60 days from the date of this law, to carry out the following activities:
a) To make representations to the authorities concerned to credit their representatives who will form the Board of Directors according to Art. 10 of this Law;
b) Make representations to the Ministry of Finance to ensure the administration of the Fund, the initial subsidy to be incorporated in the budget of the Judicial Authority to be administered by it;
c) Obtain a local and infrastructure minimum for the installation of the Office of the Caja, being able to request collaboration with State institutions;
d) Juramentar and to give possession to the first Board of Directors, in a solemn act that allows to project the benefits of the Box to the
The members of the Provisional Commission of the Caja, will develop their functions Ad-Honorem, but they will be able to request the necessary collaboration to carry out their activities to the Federation of Associations of Lawyers of the Salvador.
Art. 60. This Law constitutes a special regime and will be applied in preference to what other laws, regulations or other provisions, which oppose or would otherwise be, will be in place.
Art. 61.-The Regulation shall determine the date of initiation of the special arrangements provided for in this Law, and a date may be fixed for the initiation of the payment of contributions by the members, and a later date for the validity of the concession benefits and benefits.
The Basic or Free Life Insurance referred to in Art. 4 of this Law shall be administered and paid by the Fund from the time it receives from the State the transfers of the premiums referred to in that Article, according to mutually agreed administrative terms.
CHAPTER X
VALIDITY
Art. 62.-The Board of Directors within ninety days of the validity of this Law shall submit to the President of the Republic, for approval, the corresponding Regulation.
Art. 63. This decree shall enter into force eight days after its publication in the Official Journal.
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GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, ten days in the month of November of a thousand nine hundred and ninety-four.
MERCEDES GLORIA SALGUERO GROSS, PRESIDENT.
ANA GUADALUPE MARTÍNEZ MENÉNDEZ, ALFONSO ARISTIDES ALVARENGA, VICE-PRESIDENT. VICE PRESIDENT.
JOSÉ RAFAEL MACHUCA ZELAYA, JULIO ANTONIO GAMERO QUINTANILLA, VICE-PRESIDENT. VICE PRESIDENT.
JOSÉ EDUARDO SANCHO CASTANEDA, GUSTAVO ROGELIO SALINAS OLMEDO, SECRETARY. SECRETARY.
CARMEN ELENA CALDERÓN DE ESCALA, WALTER RENE ARAUJO MORALES, SECRETARY. SECRETARY.
RENÉ MARIO FIGUEROA FIGUEROA, SECRETARY.
CASA PRESIDENTIAL: San Salvador, the sixteen days of the month of November of a thousand nine hundred and ninety-four.
PUBESQUIESE,
ARMANDO CALDERÓN SOL, President of the Republic.
RUBEN ANTONIO MEJIA PEÑA, Minister of Justice.
D. O. NO 239 TOMO NO 325 DATE: December 23, 1994
REFORMS:
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(1) D.L. Nº 577, OF THE 15 APRIL 1999; D.O. NO 89, T. 343, OF MAY 17, 1999.
(2) D. L. NO 788, 2 DECEMBER 1999; D. O. NO 240, T. 345, 23 DECEMBER 1999.
(3) D. L. N ° 1075, 27 NOVEMBER 2002; D. O. N ° 240, T. 357, DECEMBER 19, 2002.
(4) D.L. NO 501, 06 DECEMBER 2007; D.O. NO. 238, T. 377, DECEMBER 20, 2007.
(5) D.L. No. 200, NOVEMBER 23, 2012; D.O. NO. 238, T. 397, DECEMBER 19, 2012.
JCH/ngcl 30/01/08
SV 29/01/13
