Official Journal of the Federation on December 21, 1995
Latest Reform Published in the DOF April 2, 2014
ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has served to address the following
D E C R E T O
" THE CONGRESS OF THE MEXICAN UNITED STATES, DECREE:
SOCIAL INSURANCE LAW
Item 1. Law is of general observance throughout the Republic, in the form and terms that it establishes, its provisions are of public order and of social interest.
Item 2. Social security is intended to guarantee the right to health, medical care, protection of the means of subsistence and social services necessary for individual and collective welfare, as well as the granting of a pension which, if necessary and after compliance with the legal requirements, will be guaranteed by the State.
Item 3. The realization of social security is carried out by public, federal or local entities or agencies and decentralized agencies, in accordance with the provisions of this Law and other legal systems on the subject.
Item 4. Social Security is the basic instrument of social security, established as a national public service in the terms of this Law, without prejudice to systems instituted by other ordinances.
Article 5. The organization and administration of Social Security, in the terms stated in this Law, are in charge of the decentralized public body with legal personality and own patrimony, of tripartite operational integration, because the public, social and private sectors, called the Mexican Social Security Institute, are also present, which also has the character of a body Autonomous fiscal.
Article 5 A. For the purposes of this Act, it is understood by:
I. Law: the Social Security Law;
II. Code: the Fiscal Code of the Federation;
III. Instituto: Instituto Mexicano del Seguro Social;
IV. Patterns or patterns: the physical or moral person who has that character in the terms of the Federal Labor Law;
V. Workers or workers: the natural person that the Federal Labor Law defines as such;
VI. Permanent worker: A worker who has an undetermined working relationship;
VII. Eventual worker: a worker who has a working relationship for a given work or for a given time in the terms of the Federal Labour Law;
VIII. Subject or bound: those referred to in Articles 12, 13, 229, 230, 241 and 250-A of the law, where they have an obligation to retain the worker-employer's contributions or to pay for the same, and the others who are establish in this law;
IX. Subject or subject of insurance: those referred to in Articles 12, 13, 241 and 250 A, of the Law;
X. Responsible or in charge of solidarity: for the purposes of social security contributions are those that define as such Article 26 of the Code and those provided for in this Law;
XI. Insured or insured: the worker or subject of insurance registered with the Institute, in the terms of the Law;
XII. Beneficiaries: the spouse of the insured or pensioner and in the absence of the insured person, the concubine or the concubinaire in his case, as well as the ascendants and descendants of the insured or pensioner identified in the Law;
XIII. Right or right: the insured, the pensioner and the beneficiaries of both, who in the terms of the Law have their right to receive the benefits of the Institute;
XIV. Pensioners or pensioners: the insured person who, by decision of the Institute, has a pension for: total permanent incapacity; partial permanent incapacity of more than 50% or, in his case, partial permanent incapacity between Twenty-five and fifty per cent; invalidity; old age and old age, as well as the beneficiaries of the latter where, by decision of the Institute, they are entitled to a widowhood, orphan or ancestry pension;
XV. Employer's dues or quotas: the social security contributions laid down in the Law in charge of the employer, worker and subject;
XVI. Cedulas or identification cards: the magnetic, digital, electronic, optical, magneto optical or any other type, or the printed document, in which the required standard or subject determines the amount of the fees to be paid the Institute, which can be issued and delivered by the Institute itself;
XVII. Cedulas or settlement cards: the magnetic, digital, electronic or any other means, or the printed document, by which the Institute, in exercise of its powers as an autonomous fiscal body, determines in the amount of the tax credits in their favour provided for in the Law;
XVIII. Wages or salary: the remuneration that the Federal Labor Law defines as such, and
XIX. Eventual worker of the field: a natural person who is hired for sowing, dehirje, harvesting, harvesting, preparation of products for his first disposal and other of similar agricultural, livestock, forestry or mixed nature, Open sky or greenhouse. It can be contracted by one or more employers for a year, for periods that in no case can be higher than twenty-seven weeks for each pattern. In the event of exceeding that period per employer, permanent worker shall be considered. In order to calculate the working weeks and determine the form of contribution, the law and the respective regulations will be the same.
Item 6. Social Security understands:
I. The mandatory regime, and
II. The voluntary scheme.
Item 7. Social Security covers contingencies and provides services that are specified for each particular regime, through benefits in kind and in money, in the forms and conditions provided for by this Law and its regulations.
Article 8. The right holders to receive or, if applicable, continue to enjoy the benefits that this Act grants, must comply with the requirements established in the same and its regulations.
For this purpose, the Institute shall issue to all rights holders an identification document so that they can exercise the rights conferred upon them by the Law, according to the case.
Article 9. The tax provisions of this Law that provide for charges to individuals and those that provide exceptions to them, as well as those that set the Infringements and sanctions are strictly enforced. Rules that relate to subject, object, levy base and levy are considered to be laid down.
In the absence of an express rule in this Law, the provisions of the Federal Labor Law, the Code or the common law, in that order, shall be applied in such an order, when their application is not contrary to the nature of the social security scheme established by this Law.
The Institute shall be subject to Title Third A of the Federal Law of Administrative Procedure for the purposes of the provisions of this Law, with the exceptions mentioned above. The law indicates and the corresponding procedures and procedures directly related to the provision of medical services of a preventive, diagnostic, rehabilitation, management and hospital treatment.
Item 10. The benefits that correspond to the insured persons and their beneficiaries are non-embargable. Only in cases of maintenance obligations can the judicial authority embark on pensions and subsidies up to fifty percent of its amount.
OF THE MANDATORY REGIME
Item 11. The compulsory scheme includes insurance for:
I. Work hazards;
II. Diseases and maternity;
III. Invalidity and life;
IV. Retirement, advanced age and old age, and
V. Childcare and social benefits.
Item 12. They are subject to mandatory regime insurance:
I. Persons who, in accordance with Articles 20 and 21 of the Federal Labour Law, provide, on a permanent or eventual basis, to other persons of a physical or moral nature or economic units without legal personality, a paid service, personal and subordinate, whatever the act of origin and whatever the legal personality or the economic nature of the employer, even if the employer is exempt from the payment of contributions under any special law;
II. Cooperative societies partners, and
III. The persons determined by the Federal Executive through the respective Decree, under the terms and conditions indicated by this Law and the corresponding regulations.
Item 13. Volunteers may be subject to compulsory insurance:
I. Workers in family and independent industries, such as professionals, small traders, artisans and other non-salaried workers;
II. Domestic workers;
III. The ejidatarios, comuneros, colonists and small owners;
IV. The physical persons patterns with workers secured to their service, and
V. Workers at the service of the public administrations of the Federation, federal entities and municipalities that are excluded or not included in other laws or decrees as subjects of social security.
By agreement with the Institute, the modalities and dates of incorporation into the compulsory regime, of the insurance subjects included in this article, will be established.
Such agreements should be subject to the regulation issued by the Federal Executive.
Item 14. In the conventions referred to in the preceding article, it shall be established:
I. The date of commencement of the provision of the services and the insurance subjects comprising;
II. The validity;
III. The capabilities to be granted;
IV. The fees charged by insured persons and other bound subjects;
V. The contribution by the Federal Government, where appropriate, where appropriate;
VI. The registration and collection procedures for the quotas, and
VII. The other modalities that are required under this Law and its regulations.
Item 15. Patterns are required to:
I. Register and register your employees at the Institute, communicate their ups and downs, changes in their salary and other data, within periods not exceeding five working days;
II. Carry out records, such as payroll and checklists, in which the number of days worked and the wages received by its employees are invariably settled, in addition to other data required by this Law and its regulations. It is mandatory to keep these records for five years after their date;
III. Determine the employer's employer dues in charge and find out the amount to the Institute;
IV. Provide the Institute with the necessary elements to clarify the existence, nature and extent of the obligations under its charge established by this Law and the corresponding regulations;
V. Allow inspections and home visits to be carried out by the Institute, which shall be subject to the provisions of this Law, the Code and the respective Regulations;
VI. For patterns that are permanently or sporadically dedicated to the construction activity, they shall issue and deliver to each worker written record of the number of days worked and of the salary received, weekly or fortnightly, in accordance with the established payment periods, which, if any, may be displayed by the workers in order to prove their rights.
Also, they will have to cover the employer's dues, even if it is not possible to determine the or the workers to whom they are to be applied, for non-compliance with the obligations laid down in the previous fractions, in the latter case, their amount shall be allocated to the General Financial and Actuarial Reserve referred to in the Article 280, fraction IV of this Law, without prejudice to those workers who credit their rights, grant them the deferred benefits that correspond to them;
VII. Comply with the obligations imposed on them by Chapter 6 of Title II of this Law, in relation to retirement insurance, advanced age and old age;
VIII. Comply with the other provisions of this Law and its Regulations, and
IX. To issue and deliver, in the case of casual workers of the city or of the field, constancy of the days worked according to what the respective regulations establish.
The provisions contained in fractions I, II, III and VI are not applicable in the case of construction, extension or repair of buildings, when the work is carried out (a) to carry out works carried out by Community cooperation on a personal basis, or to check the fact, in the terms of the relevant regulation.
The information referred to in fractions I, II, III and IV shall be provided to the Institute in printed form, or in magnetic, digital, electronic, optical, magneto optical or any other nature, in accordance with the provisions of this Law and its regulations.
Article 15 A. When hiring workers for a pattern, so that they run jobs or provide services for it, a broker participates labor, whatever the denomination the employer and intermediaries assume, both will be responsible for each other and in relation to the worker, regarding the fulfillment of the obligations contained in this Law.
They will not be considered intermediaries, but employers, established companies that provide services to others, to execute them with their own and sufficient elements to comply with the obligations arising from relations with their employees in the terms of Articles 12, 13, 14 and 15 of the Federal Labour Law.
Without prejudice to the foregoing paragraphs, when a employer or subject, whatever its legal personality or economic nature, is required to do so, the virtue of a contract, whatever its form or denomination, as part of the obligations contracted, makes available workers or other insurance subjects to carry out the services or works agreed under the management of the beneficiary of the same, on the premises which it determines, the the beneficiary of the work or services shall assume the obligations laid down in this Law in relation to those workers, in the event that the employer does not comply, provided that the Institute has previously notified the employer the corresponding requirement and the requirement would not have been met.
The Institute shall also give notice to the beneficiary of the work or services, of the requirement referred to in the preceding paragraph.
The contractors shall communicate quarterly to the Subdelegation corresponding to the address of the employer or subject, and of the beneficiary, respectively, within the first 15 days of the months of January, April, July and October, in respect of contracts concluded in the quarter in question:
I. Of the parties to the contract: Name, name or social reason; class of moral person concerned, if any; social object; registered office, tax and, where appropriate, conventional for the purposes of the contract; number of the Federal Register of Contributors and Patron Registry before the IMSS; data from its constituent act, such as number of public deed, date, name of the notary public giving faith of the same, number of the notary and city to which it corresponds, section, item, volume, record or commercial portfolio, if applicable, and date of registration in the Public Registry of the Property and Commerce; name of the legal representatives of the parties who signed the contract.
II. Of the contract: Subject; period of validity; profiles, posts or categories indicating in this case whether they are operational, administrative or professional staff and the estimated monthly number of workers or other insurance subjects make available to the beneficiary of the contracted services or works.
The employer shall incorporate for each of its employees the name of the beneficiary of the contracted services or services in the computer system authorized by the Institute.
When the employer is obliged to make available to the beneficiary, workers to provide the services or to execute the work in several workplaces located in the territorial district of more than one sub-delegation of the Institute, the employer and the beneficiary shall communicate the information referred to in the fifth paragraph of this Article, only to the sub-delegation within whose constituency their respective tax domicile is located.
The information provided for in this article may be filed through the means indicated in the last paragraph of article 15 of this Law, in accordance with the rules General, for this purpose to be issued by the Technical Council.
For the purposes of this article, the Federal Government, in no case, will be considered as an employment intermediary.
Article 15 B. People who are not in the course set in the penultimate paragraph of article 15 of this Law, who perform in their home room extensions, renovations, or the construction of their own house and those that sporadically carry out extensions or remodelling of any type of work, may conclude agreement of payment in partial of the workers ' quotas the employer who is in charge of the employer, from the moment he/she is discharged to the workers who take care of them, individualizing the worker's account.
Article 16. Patterns that according to the regulation have an annual average of three hundred or more workers in the immediate fiscal year They are obliged to rule on the fulfilment of their obligations to the Institute by authorized public accountant, in the terms indicated in the regulation that the Federal Executive issue to the effect.
Patterns that are not in the assumption of the previous paragraph may choose to rule their contributions to the Institute, per authorized public accountant, in terms of of the named regulation.
The employers who present an opinion will not be subject to a home visit for the exercises ruled except that:
I. The opinion has been submitted with no opinion, with a negative opinion or with a view to aspects which, in the opinion of the public accountant, are based on the essential elements of the opinion, or
II. Arising from the internal review of the opinion, differences in the opinion shall be determined and these shall not be clarified and, where appropriate, paid.
Article 17. In giving the notices referred to in section I of Article 15 of this Law, the employer may express in writing the reasons for which it is The Commission has been able to take the necessary measures to ensure that the Commission is able to take action. The Institute shall, within a period of forty-five working days, notify the employer of the decision giving rise to it and, where appropriate, give the employer, the worker or both the employer and the corresponding reimbursement.
The information provided by the employers for their registration may be analyzed by the Institute, in order to verify the existence of the assumptions and requirements established in this Law. If the Institute determines that the assumptions provided for in Article 12 (1) of this Law are not given, it shall notify the alleged employer of the alleged pattern, within five working days, of what is appropriate and, in the case of non- The Institute shall devirtue such situations, the Institute shall proceed to discharge the alleged employer, the alleged workers or both.
In the previous case, the Institute will apply the amounts paid to compensate for its administrative and operating expenses, with the exception of the rights of the alleged worker. to claim, where applicable, the amounts that have been deposited in the individual account opened in their name, in the terms of this Law.
Article 18. Workers have the right to apply to the Institute for registration, to communicate changes in their salary and other working conditions, and, where appropriate, present the documentation certifying that relationship, demonstrate the period of work and the salaries received. The above does not free the employers from fulfilling their obligations or exempt them from the penalties and responsibilities they would have incurred.
The worker through the Institute may also carry out the administrative procedures necessary to exercise the pension rights established by this Law.
Article 19. For the purposes of this Act, cooperative societies shall pay the fee corresponding to the employers, and each of the partners referred to in the Section II of Article 12 of this Law will cover your dues as workers.
Item 20. The weeks recognized for the granting of the benefits referred to in this Title shall be obtained by dividing by seven the days of accumulated contributions, made this division, if there is a surplus of days greater than three, this one shall be consider as another full week, not taking into account the excess if the number of days out of three or less.
Item 21. Low notices of workers temporarily incapacitated for work will not have any effect for the purposes of Social Security, for the duration of the incapacity.
Article 22. Documents, data, and reports that workers, employers, and other persons provide to the Institute, in compliance with their obligations imposes this Law, shall be strictly confidential and may not be communicated or made known in a nominative and individual manner.
The above paragraph will not apply when:
I. These are judgments and procedures in which the Institute is a party;
II. There would have been collaboration agreements with the Federation, federative entities or municipalities or their respective public administrations, for the exchange of information related to the fulfillment of their objectives, with the restrictions agreed in the conventions in which a confidentiality and non-dissemination clause of the information exchanged will invariably be included;
III. So request the Secretariat of the Civil Service, the Internal Comptroller at the Institute, the federal tax authorities, the social security institutions and the Federal Public Ministry, in exercise of their powers, and
IV. In the cases provided for in law.
The Institute will be able to conclude collaboration agreements with the social or private sectors for the exchange of statistical information, related to the implementation of its objectives, with the restriction referred to in the first paragraph of this Article and those agreed in the conventions themselves.
Information derived from retirement insurance, advanced age and old age will be provided directly, if any, by the fund managers for the withdrawal, as well as the companies processing information of the Savings System for the Retreat. This information shall be subject to the general provisions of the National Commission of the Retirement Savings System, in terms of confidentiality, in terms of the corresponding law.
Item 23. When collective contracts grant benefits lower than those granted by this Law, the employer shall pay the Institute all contributions in proportion to the contractual benefits. To satisfy the differences between the latter and those established by the Law, the parties will cover the corresponding quotas.
If in the collective contracts benefits equal to those established by this Law, the employer will pay the Institute in full the employer's dues.
In cases where the collective contracts entered into benefits in excess of those granted by this Law, the provisions of the preceding paragraph shall be the same as for the equality of benefits, and surplus the pattern will be obliged to comply with them. In the case of economic benefits, the employer may contract with the Institute the corresponding additional insurance in the terms of Title Third Chapter II of this Law.
The Institute, by means of a technical-legal study of collective labour contracts, previously hearing the interested parties, will make the actuarial valuation of the contractual benefits, comparing them individually with those of the Law, in order to draw up the corresponding quota distribution tables.
Item 24. The employers shall have the right to discount the amount of the contractual benefits they must cover directly, the amounts corresponding to the benefits of the same nature granted by the Institute.
Item 25. In the cases provided for in Article 23, the State shall contribute the corresponding contribution in terms of this Law, regardless of the one that is borne by the employer for the actuarial valuation of his contract, paying this, both his own quota as the share of the working quota corresponding to that valuation.
To cover benefits in kind from the sickness and maternity insurance of pensioners and their beneficiaries, in the insurance of occupational risks, invalidity and life, as well as retirement, age-guarantee advanced and old age, employers, workers and the state will contribute a quota of one point five percent on the base salary of contribution. From that quota it will be up to the employer to pay the one point zero five percent, to the workers zero point three hundred and seventy five percent and to the state zero point zero seventy five percent.
Item 26. The provisions of this Law, which refer to employers and workers, shall be applicable, as appropriate, to other bound and insured persons.
OF THE QUOTATION AND QUOTA BASES
Article 27. The base rate salary is integrated with payments made in cash for daily fee, rewards, perceptions, food, room, premiums, commissions, benefits in kind and any other amount or benefit paid to the worker for his/her work. The following concepts are excluded as members of the basic contribution salary, given their nature:
I. Work instruments such as tools, clothing, and other like;
II. The savings, when integrated by a weekly, weekly or monthly equal amount of the worker and the company; if it is constituted in a different way or the worker can withdraw it more than twice a year, it will integrate salary; neither account shall be taken of the amounts granted by the employer for union-related social purposes;
III. The additional contributions that the employer agrees to provide in favour of its employees by way of retirement insurance contributions, advanced age and old age;
IV. The quotas that in terms of this Law correspond to the pattern, the contributions to the Institute of the National Housing Fund for the Workers, and the participations in the profits of the company;
V. Power and room when workers are paid in a burdensome way; it is understood that these benefits are onerous when the worker pays for each of them at least twenty per cent of the minimum wage general daily rija in the Federal District;
VI. The pantries in kind or in money, as long as their amount does not rebase forty percent of the daily general minimum wage in force in the Federal District;
VII. The awards for attendance and punctuality, provided that the amount of each of these concepts does not rebase ten percent of the base contribution salary;
VIII. The amounts contributed for social purposes, considering themselves as such those delivered to constitute funds from a pension plan established by the employer or derived from collective hiring. The pension plans will be only those that meet the requirements set by the National Commission for the Retirement Savings System, and
IX. The extraordinary time within the margins outlined in the Federal Labor Law.
In order for the concepts mentioned in this precept to be excluded as members of the base salary, they must be duly registered in the pattern.
In the concepts provided for in fractions VI, VII and IX where the amount of these benefits is based on the percentage established, only the surplus shall be integrated into the Quote base salary.
Item 28. The insured shall be registered with the base salary of the contribution they receive at the time of their affiliation, with the equivalent of twenty-five times the general minimum wage in the Federal District and as lower limit the general minimum wage of the respective geographical area.
Article 28 A. The contribution basis for the required subjects identified in section II of Article 12 of this Law shall be integrated by the total of the perceptions which they receive for the contribution of their personal work, in accordance with the provisions of Articles 28, 29, 30, 32 and other applicable of this Law.
Item 29. To determine the form of quotation, the following rules apply:
I. The calendar month will be the quota payment period;
II. To set the daily wage in case it is paid per week, fortnight or month, the corresponding remuneration will be divided between seven, fifteen or thirty respectively. Similar procedure shall be used when the salary is fixed for periods other than those specified; and
III. If by the nature or peculiarities of the work, the salary is not stipulated per week or per month, but per day worked and comprises fewer days of the one week or the insured labora reduced days and his salary is determined per unit of time, in no case will any fees be received based on a salary below the minimum.
Item 30. To determine the daily salary base of quotation will be the following:
I. Where, in addition to the fixed elements of the salary, the worker regularly receives other periodic remuneration of previously known amounts, they shall be added to those fixed items;
II. If by the nature of the work, the salary is integrated with variable elements that cannot be previously known, the total income received during the previous two months will be added and divided between the number of days of the salary earned in that period. If this is a new income worker, the likely salary corresponding to that period will be taken, and
III. In cases where the salary of a worker is integrated with fixed and variable elements, it will be considered as a mixed character, so that, for the purposes of the contribution, the average of the variables obtained will be added to the fixed elements terms of what is set in the previous fraction.
Item 31. When the worker's absences do not pay wages, but the employment relationship subsidizes, the monthly contribution will be adjusted to the following rules:
I. If the worker's absences are for periods of less than eight consecutive or interrupted days, he or she shall be listed and paid for such periods only in sickness and maternity insurance. In these cases, the employers will have to present the corresponding clarification, indicating that the fees are omitted for absenteeism and will check the lack of payment of respective salaries, through the display of the lists of borders or the payroll corresponding. For this purpose the number of days of each month shall be obtained by subtracting from the total number of days containing the quota period in question, the number of absences without pay corresponding to the same period.
If the worker's absences are for periods of eight consecutive days or longer, the employer shall be released from the payment of the employer's dues, provided that it applies in accordance with Article 37;
II. In the cases of Sections II and III of Article 30, the same rules of the previous fraction shall be followed;
III. In the case of absences of workers falling within Article 29 (III), whatever the nature of the salary they receive, the regulation shall determine what is appropriate in accordance with the criterion based on the above bases, and
IV. In the case of absences from medical disabilities issued by the Institute, it shall not be compulsory to cover the employer's labour quotas, except as regards the branch of retirement.
Item 32. If in addition to the salary in money the worker receives from the employer, at no cost for that, room or food, his salary is estimated to be increased by twenty-five percent and if he receives both benefits will be increased by fifty percent. percent.
When the food does not cover the three foods, but one or two of these, for each one, the salary will be added by eight points thirty-three percent.
Item 33. For the benefit of the cash benefits, if the insured provides services to several employers, account shall be taken of the sum of the salaries received in the various jobs, where this is less than the upper limit laid down in the Article 28 the employers will cover separately the contributions to which they are obliged based on the salary each of them pays to the insured.
When the sum of the wages that a worker perceives reaches or exceeds the upper limit established in Article 28 of this Law, at the request of the employers, they will cover the contributions of the salary maximum contribution, paying among them the proportional share that is between the salary that covers individually and the total sum of the wages that the worker perceives.
Article 34. When you find the insured at the service of the same pattern the stipulated salary is modified, you will be the following:
I. In the cases provided for in Article 30 (1), the employer shall be obliged to submit to the Institute the notices of modification of the daily salary base of contributions within a maximum period of five working days from the date of the day after the salary changes date;
II. In the cases provided for in Article 30 (II), employers shall be obliged to report to the Institute within the first five working days of the months of January, March, May, July, September and November. of the average daily wage obtained in the previous bimestre, and
III. In the cases provided for in Article 30 (III), if the fixed elements of the salary are modified, the employer must present the notice of modification within five working days of the date on which the salary changes. If at the end of the respective bimestre there was modification of the variable elements that are integrated to the salary, the pattern will present to the Institute the notice of modification in the terms of the previous part II.
The daily wage will be determined by dividing the total amount of the variable income earned in the previous bimestre between the number of days of salary accrued and adding its result to the fixed items of the daily wage.
In all cases provided for in this article, if the modification originates by revision of the collective contract, it will be communicated to the Institute within thirty days natural following their celebration.
Cooperative societies shall submit notices of modification of the base perceptions of their partners, in accordance with the provisions of this Regulation. Article.
Item 35. The changes in the base salary of contributions arising from the modifications mentioned in the previous article, as well as those that must be made by law to the minimum wage, shall have effects from the date on which the change occurred, for both the listing and the cash benefits.
Item 36. It is up to the employer to pay the full fee for the employees, in cases where the workers receive the minimum wage as a daily fee.
Item 37. employer does not present the worker's notice of absence to the Institute. However, if it is found that the worker was registered by another employer, the Institute will not be obliged to cover the employer's employer's contributions. will return the amount of the overpaid employer's dues to the standard, from the date of the new discharge.
Item 38. The employer, when paying wages to its employees, must retain the fees that it is required to cover.
When you do not do so in a timely manner, you will only be able to discount the worker four cumulative weekly quotes, remaining in charge.
The employer will have the character of a quota retainer that neglects its workers and must determine and find out the employer's workers ' dues in the terms established by this Law and its regulations.
Article 39. The employer's employer shares are caused by maturities and the employer is obliged to determine their amounts in the forms printed or using the software, approved by the Institute. In addition, the employer shall submit to the Institute the quota determination cards for the month in question, and make the respective payment, no later than the seventeenth day of the following month.
The obligation to determine the quotas must be fulfilled even if the corresponding payment is not made within the period specified in the preceding paragraph.
The constitutive capitals have the character of definitive at the time of notification and must be paid to the Institute, in the terms and deadlines provided for in this Law.
Article 39 A. Without prejudice to the first paragraph of the previous article, the Institute, in support of employers, may submit a proposal for a of determination, drawn up with the data with which it counts on the affiliation movements communicated to the Institute by the employers themselves and, where appropriate, by their employees in the terms of this Law.
The proposal referred to in the preceding paragraph may be submitted by the Institute in printed form or, upon written request of the employer or its legal representative, in magnetic, digital, electronic or any other nature.
In the case of patterns that receive the proposal through magnetic, digital, electronic, optical, magneto optical or any other nature, and opt (a) to be used to comply with its tax obligation, invariably for payment purposes, shall use the software previously authorised by the Institute referred to in Article 39.
When employers choose to use the proposal in a printed document to comply with the tax obligation, it will be sufficient for them to submit and make the payment of the in the office authorised by the Institute, within the time limit referred to in Article 39 of this Law.
If the employers decide to modify the data contained in the submitted proposals, they must adhere to the provisions of this Law and their regulations and write in printed document or the payment file generated by the approved programme, all the elements necessary for the exact determination of the quotas, in accordance with the procedure laid down in the relevant regulation.
The fact that the employer does not receive the proposal for a determination of the identification card issued by the Institute does not exempt it from the obligation to determine and find out the It does not, nor does it release it from the legal consequences arising from the failure to comply with those obligations.
Article 39 B. The identification cards presented to the Institute by the employer will have for this the character of the binding act.
Article 39 C. In the event that the employer or the subject is obliged to not cover the amount of the employer's dues in a timely manner or to do so in an incorrect manner, the Institute may determine them presumptively and fix them in liquid quantity, on the basis of the data with which it has or with support in the facts which it knows for the exercise of the powers of verification that it enjoys as a fiscal authority or through the files or documents provided by other tax authorities. This determination shall consider both the amounts in favour of the Institute and those which may be in favour of the employer due to errors in the latter.
In the same way the Institute will proceed, in cases where when reviewing the identification cards paid by the employers, it will detect errors or omissions from which it is partial non-compliance in the payment of the fees.
The settlement cards to be issued by the Institute shall be paid by the employers within 15 working days of the date on which the Institute's settlement notification, in the terms of the Code.
In the case that the employer, or subject, spontaneously chooses to regularise his fiscal situation, in accordance with the regularisation programs, which, if necessary, will be establish, the Institute may provide, upon written request, the corresponding issue in a printed form, or through magnetic, digital, electronic, optical, magneto optical or any other type of media.
Article 39 D. With respect to settlement cards issued by the Institute in the case referred to in the second paragraph of the previous article, the employer may, within five working days of the date on which the notification takes effect, to make clarifications to the office corresponding to its employer's register, which shall be duly supported and shall only be able to deal with errors arithmetic, typing, affiliate notices previously submitted by the employer to the Institute, certificates of incapacity issued by the Institute or situations in fact which do not involve a legal dispute.
The administrative clarification in no case will suspend or interrupt the deadline set for making the payment up to the recognized sum. The Institute shall have twenty working days to resolve the administrative clarification presented by the employer. If this time limit is not resolved, the clarification shall be suspended, the working day account referred to in the preceding paragraph shall be suspended.
The Institute may accept the duly substantiated clarifications presented by the employer outside the time limit specified in this Article, provided that, in respect of such a the guarantee granted is not in the process of being effective, an action of inconformity has been brought, or any other means of defence, or that having been brought, medie withdrawal.
Article 40. The settlement cards issued by the Institute for the purposes of quotas, constitutive capital, update, surcharges or fines, shall be notified. to the employers personally, in the terms set out in the Code. The Institute may, at the request of the employer, choose to make the notifications through magnetic, digital, electronic, optical, magneto optical or any other nature in the terms of the Code, in which case, in substitution of the autograph signature shall be used for electronic identification, and shall produce the same effects as the self-signed notification and, consequently, shall have the same evidentiary value as the applicable legal provisions is.
For the effect of notifications of electronic transmission settlement cards, employers and individuals shall provide in writing through electronic transmission a legal representative, to the office that corresponds to your employer registration, your e-mail, as well as any modification of the same. In addition, they shall send an acknowledgement of receipt stating that the date and time of the notification, in the absence of the notification, shall be understood to mean that the notification was made on the day when the Institute was sent by the Institute.
Such notifications shall have their effects on the working day following the day on which they are made.
Article 40 A. When the shares or capital of the constituent capital are not entered within the time limit laid down in the respective provisions, the pattern shall cover of the date on which the appropriations were made payable, the update and the corresponding surcharges in the terms of the Code, without prejudice to the penalties provided for.
Article 40 B. They will be accepted as a form of payment: cash, certified or cash checks, as well as electronic transfers of funds and cards. credit or debit issued by credit institutions, in the terms of the relevant regulation. Payment may also be made through the credit notes issued by the Institute for the return of amounts entered without legal justification, which shall only be received at the offices which the Institute authorizes.
The employer may apply the credit notes issued by the Institute within five years of issuing it or applying for monetization once it has expired. the time limit, provided that the Institute does not have any debits. In the latter case, you must submit to the appropriate office, the monetization application to which you will attach the original credit note for the payment of the same.
After the period indicated without the pattern having applied the credit note or requested its monetization, within 15 days of the said deadline, the amount of the same shall be prescribed in favour of the Institute. The credit notes shall not be accepted as means of payment in respect of claims for fees or their legal accessories for retirement insurance, advanced age and old age.
The Institute may also accept at the request of its suppliers and contractors, who have accounts for the settlement of their duties, liquid and enforceable, to apply the the corresponding resources against the debits which, if any, they have, by way of employer's quota, in accordance with the provisions which the Technical Council has in effect.
Article 40 C. The Institute at the request of employers may grant an extension for the payment of the credits due for quota, capital constitutive, updating, surcharges and fines. During the period granted, surcharges will be charged on the insolute balance updated in the terms set out in the Code. The time limit for the payment in terms shall not exceed forty-eight months.
In no case will the payment of the quotas that the employers have retained the workers be authorized in the terms of this Law, owing to the employers to learn about them at the established legal time.
The processing of the applications referred to in this article shall be carried out on the terms and with the requirements laid down in the respective regulations.
Article 40 D. Dealing with retirement insurance fees, advanced age and old age, not paid in a timely manner, only time allowed for payment deferred for full periods due, without cancellation of accessories.
The deferred payments that the employers make based on the agreement will apply to the individual workers ' accounts, in proportion to the base salaries of the employees. contribution to the determination of the agreed quotas.
The deferred payment of retirement insurance fees, advanced age and old age, will also cause the accessories referred to in the previous article, depositing updated quotas and surcharges on the individual worker's account.
Of all the carryovers involving retirement insurance fees, advanced age and old age, the Institute shall inform the National Commission of the System of Saving for the Retreat. Without prejudice to the foregoing, the employers must provide copies of the carryovers that involve these quotas, to the National Commission of the Savings System for the Retreat, as well as to the financial institutions which, by means of general rules, determine the same Commission.
Article 40 E. The Technical Council of the Institute for the vote of at least three-quarters of its members may authorize, exceptionally and in advance application of the pattern, payment in instalments or deferred payment of the fees, which are generated for up to six periods after the date of your application, when you meet the following requirements:
I. Do not have debits in the last two exercises prior to the date of application;
II. That differences in the payment of quotas within the two previous financial years have not been determined and reported, or that they have been clarified or, where appropriate, paid;
III. Cover at least ten percent of the issue of the requested period;
IV. The period requested for the payment shall not exceed 12 months from the last period to which the relevant application relates. The excess percentage of the indicated in the preceding fraction shall be paid at the end of the period specified in the application;
V. Demonstrate to the Institute's satisfaction the exceptional economic reasons why it cannot meet its obligations, and
VI. Ensure tax interest in terms of the Code.
During the extension period authorized for payment, no surcharges will be charged, only the update and financing expenses will be caused, in the terms of the Code.
A pattern cannot benefit from this type of authorization in the year following that in which it received one of them, counted from the last period of the deadline of payment granted.
All resolutions for the benefit of the patterns that are issued on the basis of the provisions of this article, will be made of general knowledge through the the means by which the Institute has to disseminate the topics it considers to be of general interest.
The provisions of this Article shall apply only to the shares in charge of the employer. The fees that correspond to the retirement insurance, old age and old age, as well as those retained to its employees, must be covered in the terms and conditions laid down in this Law.
Article 40 F. In no case shall the Institute be able to release the employers from the payment of employer's dues. You will also not be able to condone, in whole or in part, the updating of the quotas or the corresponding surcharges.
OF WORK RISK INSURANCE
Item 41. Work hazards are the accidents and diseases to which workers are exposed to work or to work.
Item 42. accident at work is considered to be an organ injury or functional disturbance, immediate or later; or death, produced suddenly in exercise, or on the occasion of work, whatever the place and time of such work.
It will also be considered an accident of work that occurs when the worker is moved, directly from his home to the place of work, or from him to that place.
Item 43. Work sickness is any pathological state arising from the continued action of a cause which has its origin or reason at work, or in the medium in which the worker is obliged to provide his services. In any case, it will be work diseases that are recorded in the Federal Labor Law.
Article 44. Where the insured worker is not in conformity with the classification of the accident or disease as the Institute definitively, he may interject the uncompliance resource.
In the case referred to in the preceding paragraph, in the meantime the respective appeal or judgment is dealt with, the Institute shall grant the insured worker or his legal beneficiaries the benefits to which the have a right in sickness and maternity or invalidity and life insurance, as long as the requirements laid down in this Law are satisfied.
As for the rest of the insurance, it will be up to what is resolved in the inconformity or in the means of defense established in article 294 of this Law.
Item 45. The existence of prior states such as physical, mental or sensory impairment, poisoning or chronic diseases, is not cause to decrease the degree of temporary or permanent disability, or the benefits that correspond to the worker.
Item 46. It shall not be considered for the purposes of this Law, any risk of work to be overcome by any of the following:
I. If the accident occurs, the worker is in a state of drunkenness;
II. If the accident occurs, the worker is found under the action of some psychotropic, narcotic or energy drug, except that there is a prescription signed by a doctor entitled and that the worker has exhibited and made the knowledge of the pattern the above;
III. If the worker intentionally causes an inability or injury by himself or according to another person;
IV. If the inability or casualty is the result of some quarrel or suicide attempt, and
V. If the claim is the result of an intentional offence for which the insured worker is responsible.
Item 47. In the cases referred to in the previous article, the following rules shall be observed:
I. The insured worker shall be entitled to the benefits provided in the sickness and maternity insurance or to the invalidity pension provided for in this Law, if he meets the requirements laid down in the relevant provisionsand
II. If the risk brings as a consequence the death of the insured person, the legal beneficiaries of the insured person shall be entitled to the benefits in money provided in this chapter. In respect of benefits in kind for sickness and maternity, they shall be granted in accordance with Chapter IV of this Title.
Item 48. If the Institute finds that the risk of work was intentionally produced by the employer, by itself or through the third person, the Institute shall grant to the insured the benefits in money and in kind provided by this Law and the The employer shall be obliged to give back to the Institute the erogations it makes for such concepts.
Item 49. Under the terms established by the Federal Labor Law, when the insured person suffers a risk of work for inexcusable lack of the pattern in the judgment of the Board of Conciliation and Arbitration, the benefits in money that this chapter establishes the insured worker shall be increased by the percentage which the Board itself determines in a final decision. The employer shall have the obligation to pay the Institute the capital constituting the corresponding increase.
Article 50. The insured person who suffers from an accident or work illness, to benefit from the benefits in money referred to in this Chapter, must submit the medical examinations and treatments to be determined by the Institute, except where it justifies the failure to do so. The Institute shall give notice to the employer when he qualifies as a professional for any accident or illness, or in the event of a relapse.
Item 51. The employer must give notice to the Institute of the accident or work illness, in the terms specified in the respective regulations.
The worker, the beneficiaries of the incapacitated or dead worker, or the persons responsible for representing them, may immediately report to the Institute or the sickness of work that you have suffered. The notice may also be made of the knowledge of the relevant working authority, which in turn will transfer the authority to the Institute.
Item 52. The pattern that conceals the performance of an accident suffered by one of its workers during its work or reports it unduly as an accident on the way, will be a creditor to the sanctions determined by this Law and the regulation respective.
Item 53. The employer who has assured the workers of his or her service against work risks will be relieved in the terms indicated by this Law, of the fulfilment of the obligations that liability for this kind of risk establishes the Federal Labor Law.
Item 54. If the employer has made a salary lower than the actual salary, the Institute shall pay the insured person the allowance or pension referred to in this Chapter, in accordance with the salary in which he is registered, without prejudice to the fact that your actual salary, the Institute will cover you, based on this pension or allowance.
In such cases, the employer shall pay the capital of the constituent capital corresponding to the resulting differences, including five percent for administrative expenses on the amount of such capital, as an integral part of it.
Item 55. Job risks can occur:
I. Temporary incapacity;
II. Partial permanent disability;
III. Total permanent disability, and
Temporary incapacity, partial permanent incapacity and total permanent incapacity shall be understood, which in this respect includes the relative articles of the Federal Labor Law.
OF BENEFITS IN KIND
Item 56. The insured person who is at risk of work is entitled to the following benefits in kind:
I. Medical, surgical and pharmaceutical assistance;
II. Hospitalization service;
III. Prosthetic and orthopaedic appliances, and
Item 57. The benefits referred to in the previous article shall be granted in accordance with the provisions laid down in this Law and in its regulations.
OF BENEFITS IN MONEY
Item 58. The insured person who is at risk of work is entitled to the following cash benefits:
I. If you are unable to work, you will receive one hundred percent of the salary in which you are listed at the time the risk occurs.
The benefit of this allowance will be granted to the insured person in the meantime either not declared to be able to work, or the partial or total permanent incapacity is declared, which must be done within the period of fifty-two weeks of medical care as a result of the accident, without prejudice to the fact that, once the incapacity for that accident has been determined, its attention or rehabilitation continues in accordance with the provisions of the Article 61 of this Law;
II. When the insured's total permanent incapacity is declared, the insured person will receive a permanent monthly pension equal to seventy percent of the salary in which he is listed at the time of the risk. In the case of occupational diseases, it shall be calculated with the average of the base salary of the fifties and last two weeks or those which it has if its insurance is for a shorter period of time to determine the amount of the pension. Likewise, the incapacitated must have a survival insurance for the case of his death, which grants his beneficiaries the pensions and other economic benefits to which they are entitled in the terms of this Law.
The pension, the survival insurance and the economic benefits referred to in the preceding paragraph shall be granted by the insurance institution of the worker's choice. In order to contract for life income and survival insurance, the Institute will calculate the amount required for its hiring. The amount shall be deducted from the balance in the individual worker's account and the positive difference shall be the sum insured, to be paid by the Institute to the insurance institution chosen by the worker for the employment of the employees. Life insurance and survival insurance. The survivor's insurance shall cover, in the event of the death of the pensioner as a result of the risk of work, the pension and other financial benefits referred to in this Chapter, to its beneficiaries, if at the time of the risk of work, the insured person has been listed for at least one hundred and fifty weeks, the survival insurance shall also cover the death of the insured person for reasons other than occupational risks or occupational diseases.
When the worker has a cumulative amount in his/her individual account that is greater than the amount necessary to integrate the constitutive amount to hire a lifetime income that is higher than the pension be entitled, in the terms of this chapter, as well as to contract the survival insurance you may choose to:
a) Retire the surplus sum in a single display of your individual account;
b) Contreating a lifetime income for a greater amount; or
c) Apply the surplus to a premium payment to increase the benefits of survival insurance.
Life-income and survival insurance shall be subject to the provisions of Article 159 fractions IV and VI of this Law;
III. If the declared incapacity is partial permanent, greater than fifty percent, the insured will receive a pension that will be awarded by the insurance institution that you choose in the terms of the previous fraction.
The amount of the pension will be calculated according to the disability assessment table contained in the Federal Labor Law, based on the amount of the pension that would correspond to the disability total permanent. The percentage of incapacity shall be between the maximum and the minimum laid down in that table taking into account the age of the worker, the importance of incapacity, if this is absolute for the exercise of his profession even if he remains enabled to be dedicated to another, or who have simply decreased their skills for the performance of the same or to engage in gainful activities similar to their profession or profession.
If the final assessment of the incapacity is up to twenty-five per cent, the insured, in replacement of the pension, will be paid a lump sum equal to five annuities of the pension. pension which would have been for you. Such compensation shall be optional for the worker where the final assessment of the incapacity exceeds 25% without exceeding 50%, and
IV. The Institute shall grant pensioners for permanent and partial permanent incapacity with a minimum of more than fifty per cent incapacity, an annual payment equivalent to 15 days of the amount of the pension they receive.
Item 59. The pension to be granted in the case of total permanent incapacity shall always be higher than the amount of the invalidity insured, and shall in all cases include family allowances and aid, as well as any other benefit in money that you are entitled to in the terms of this chapter.
Item 60. The temporary incapacity certificates issued by the Institute shall be subject to the provisions of the relative regulation.
The payment of the subsidies will be made for periods that are not greater than seven days.
Item 61. When the permanent incapacity is declared, either partial or total, the insured worker shall be granted the pension corresponding to him, on a provisional basis, for a two-year adjustment period.
During that two-year period, at any time the Institute may order and, for its part, the insured worker shall have the right to request the review of the incapacity in order to modify the amount of the pension.
Elapsed the period of adaptation, the final pension shall be granted, which shall be calculated in the terms of Article 58 fractions II and III of this Law.
Article 62. If the insured who suffered a work risk was discharged and subsequently suffered a relapse due to the same accident or disease You will have the right to benefit from the allowance referred to in Article 58 (I) of this Law, whether or not you are insured, provided that the Institute so determines.
When the insured person has been declared a permanent or total incapacity for the employment of the life income and insurance of the (a) survival in the terms provided for in Articles 58 (II) and (III), (61) and (159) (IV) and (VI) of this Law, is re-established and has paid work in the same activity as it performed, which provides an income at least equivalent to 50% of the usual remuneration which it has received from continue to work, will no longer be entitled to the pension payment by the insurer. In this case, the insurer must return to the Institute and the fund manager for the withdrawal of the reserve fund for future obligations, pending cover. The proportion which shall be the responsibility of the Institute and the fund manager for the retirement, of the reserve fund returned by the insurer, shall be equal to the proportion which represented the sum insured and the balance of the individual account of the worker in the constitution of the constitutive amount. The retirement fund manager will again open the individual account to the worker with the resources returned to her by the insurer.
Item 63. The allowances provided for in this Chapter shall be paid directly to the insured or his duly accredited representative, except in the case of a mental incapacity established before the Institute, in which the person or persons to whom he or she may be paid may be paid. care is left to the incapacitated.
The Institute may conclude agreements with employers for the purpose of facilitating the payment of subsidies to their disabled workers, except for the quotas provided for in Article 168 of this Law, which is apply to individual workers ' accounts.
Other economic benefits will be paid on the terms provided for in this Act.
Item 64. If the risk of work results in the death of the insured person, the Institute shall calculate the amount to which the accumulated resources in the individual account of the deceased worker shall be subtracted, in order to determine the sum insured that the Institute must cover the insurance institution, which is necessary to obtain a pension, aid and other financial benefits provided for in this chapter to the beneficiaries.
The beneficiaries shall choose the insurance institution with which they wish to hire the income with the resources referred to in the preceding paragraph, in accordance with the provisions of Article 159 (4) of the Law. If the deceased worker has accumulated in his/her individual account a balance greater than the amount necessary to integrate the amount necessary to hire an income that is higher than the amount of the pensions to which he/she is entitled beneficiaries, in the terms of this chapter, they may choose to:
a) Retire the surplus sum in a single display of the deceased worker's individual account, or
b) Hire rents for a greater amount.
The pensions and benefits referred to in this Law shall be:
I. Payment of an amount equal to sixty days of general minimum wage in the Federal District on the date of death of the insured.
This payment will be made to the person's preferably family member, who copies the death certificate and the original funeral expenses account;
II. The widow of the insured person will be given a pension equivalent to forty per cent of the pension that would have been paid to him, in the case of total permanent incapacity. The same pension corresponds to the widower or concubinaire which would have been economically dependent on the insured. The amount of this benefit shall not be less than the minimum amount corresponding to the widowhood pension of the invalidity and life insurance;
III. Each of the orphans who are father or mother, who are totally incapacitated, will be given a pension equal to twenty percent of the one that would have been insured for total permanent incapacity. This pension will be extinguished when the orphan recovers his capacity for work;
IV. For each orphan who is a parent or parent, under the age of sixteen, a pension equal to twenty per cent of which would have been paid to the insured person shall be awarded to them. in the case of total permanent incapacity. This pension shall be extinguished when the orphan is sixteen years old.
The benefit of this pension, in the terms of the respective regulation, should be granted to orphans aged 16 and over, up to a maximum age of 25 years, when they are studying in the national education system, taking into account the economic, family and personal conditions of the beneficiary and provided that he is not subject to the compulsory scheme;
V. In the case of the two previous fractions, if the other parent subsequently died, the orphan's pension will be increased from twenty to thirty per cent, from the date of the death of the second parent and shall be extinguished in terms of the same fractions; and
VI. To each of the orphans, when they are father and mother, under sixteen years or up to twenty-five years if they are studying in the plants of the national education system, or as long as they are totally incapacitated due to a chronic illness or disability due to physical, mental, intellectual or sensorial deficiencies, which prevents them from staying for their own work grant a pension equivalent to thirty per cent of which The insured person would have been insured for total permanent incapacity.
The right to the enjoyment of the pensions referred to in the preceding paragraph shall be extinguished on the same terms as those expressed in fractions III and IV of this precept.
At the end of the orphan's pensions set out in this article, an additional payment of three monthly allowances will be awarded to the orphan.
The persons referred to in Sections II and VI of this Article, as well as those who are pensioners under the terms of Article 66, shall be awarded an annual annual allowance equivalent to 15 days of the amount of the pension they receive.
Item 65. Only in the absence of a spouse shall be entitled to receive the pension referred to in section II of the previous article, the woman with whom the insured lived as if she were her husband during the five years immediately preceding her death or with the who had children, provided they had both remained free of marriage during the concubinage. If upon death the insured had several concubines, none of them will enjoy a pension.
Item 66. The total of the pensions allocated to the persons referred to in the preceding articles, in the event of the death of the insured person, shall not exceed that which would correspond to him if he had suffered total permanent incapacity. In the event of excess, each pension shall be reduced proportionately.
When the right of one of the pensioners is extinguished, the remaining pension distribution will be made new, among the remaining pensions, without the partial quotas or the total amount of the pension being exceeded. such pensions.
In the absence of a widow or widower, orphans, concubine or concubinaire entitled to a pension, to each of the ancestors who were economically dependent on the deceased worker, he will be penalized with an equal amount Twenty per cent of the pension that would have been paid to the insured person, in the case of total permanent incapacity.
In the case of the widow or concubine or, where appropriate, of the widower or concubinaire, the pension shall be paid for as long as they do not contract or enter into concubinage. Upon marriage, any of the beneficiaries mentioned will receive a lump sum equal to three annuities of the pension awarded. In the latter situation, the respective insurer shall return to the Institute the reserve fund for future obligations to be covered, after a discount of the overall sum to be granted.
Item 67. Where two or more partial disabilities are met, the insured person or his/her beneficiaries shall not be entitled to receive a higher pension than would have been the total permanent incapacity.
THE PERIODIC INCREASE IN PENSIONS
Item 68. The amount of permanent disability pensions shall be updated annually in the month of February, in accordance with the National Consumer Price Index for the previous calendar year.
Item 69. The pension, orphan and ascending pensions of the insured for work risks shall be reviewed and increased in the proportion that corresponds to, in terms of the provisions of the previous article.
OF THE FINANCIAL SYSTEM
Article 70. The benefits of work risk insurance, including the capital capital of the end of the year and administrative expenses, shall be covered in full by the quotas that the employers and other obliged subjects contribute to this effect.
Item 71. The fees to be paid by employers for the insurance of the work risks shall be determined in relation to the amount of the basic contribution salary, and the risks inherent in the activity of the trading in question, in the to set the relative regulation.
Article 72. For the purposes of fixing premiums to cover for work risk insurance, companies must calculate their premiums, multiplying the the company's claims for a premium factor, and the product will be added to 0.005. The result shall be the premium to be applied on the contribution wages, in accordance with the following formula:
Premium = [(S/365) + V * (R & D)] * (F/N) + M
V = 28 years, which is the average active life span of an individual who has not been the victim of a fatal accident or total permanent disability.
F = 2.3, which is the premium factor.
N = Number of average workers exposed to risk.
S = Total of subsidized days due to temporary incapacity.
I = Sum of the percentages of permanent, partial and total disabilities, divided by 100.
D = Number of deaths.
M = 0.005, which is the minimum risk premium.
By registering for the first time at the Institute or changing activity, the companies will cover the average premium in the class that corresponds to them. Once the company is located at the premium to be paid, the following increases or decreases will be made in accordance with the first paragraph of this article.
No account shall be taken of the claims of undertakings, accidents which occur to workers when they move from their home to the centre of work or vice versa.
The employers whose job centers have a system of administration and safety at work accredited by the Secretariat of Labor and Social Welfare, apply an F of 2.2 as a premium factor.
Companies of less than 10 employees may choose to submit the corresponding annual declaration or cover the average premium corresponding to them under the regulation, according to Article 73 of this Law.
Article 73. When you first enroll in the Institute or change activity, companies will cover the average premium of the class that corresponds to the Regulation, according to the next:
In for hundreds
The provisions of this article shall also apply where the change in the business of the company is caused by a final judgment or by provision of this Law or a regulation.
Item 74. Companies shall have an obligation to review their claims annually, in accordance with the period and within the time limit specified by the Regulation, to determine whether they remain at the same premium, decreased or increased.
The premium to which the companies are covering their shares may be modified, increased or decreased by a proportion not greater than one per cent. for the previous year, taking into account the risks of work completed during the period laid down in the respective regulation, irrespective of the date on which they occurred and the documentary evidence of the establishment of programmes or preventive actions for accidents and diseases of work. These modifications may not exceed the limits set for the minimum and maximum premium, which shall be zero point five per cent and fifteen per cent of the base salaries respectively.
The claims shall be determined in accordance with the relevant regulations.
Item 75. The determination of the classes shall include a list of the various types of industrial activities and branches, cataloging them as a result of the greater or lesser danger to which the workers are exposed, and assigning each of the groups which form such a list, a given class. This will only apply to companies that are registered for the first time in the Institute or change their activity.
For the purposes of classification in work risk insurance, dealing with the patterns referred to in the third paragraph of Article 15 -A of this Law, The Institute shall assign to the employer a registration for each of the classes, as required, of those mentioned in Article 73 of this Law, with which he will carry out the registration of his workers at the national level. The required employers or subjects who have been classified in accordance with this paragraph shall review their claims annually in accordance with Article 74 of this Law in an independent manner for each of the employer's records. allocated.
Article 76. The Technical Council of the Institute shall promote to the competent authorities and to the H. Congress of the Union, every three years, the review of the formula for the calculation of the premium, to ensure that the financial balance of this insurance is maintained or restored, taking into account all the companies in the country. For this purpose, the opinion shall be considered to be the basis of the Working Risk Insurance Advisory Committee, which shall be integrated in a tripartite manner.
If the General Assembly will authorize it, the Technical Council may promote the review referred to in this article at any time, taking into account the experience gained.
Article 77. The employer who is obliged to insure his workers against work risks will not do so, he must find out the Institute, in case the disaster occurs, the capital establishing the cash and in-kind benefits in accordance with the provisions of this Law, without prejudice to the fact that the Institute shall, of course, grant the benefits to be provided.
The same rule will be observed when the employer assures its workers in such a way that the benefits are reduced to the insured workers or their beneficiaries being entitled, limiting them capital of incorporation, in this case, to the sum necessary to complete the corresponding benefits mentioned in the Law.
This rule will be applied to job risks, with the same pattern with which the risk occurred or with a different one.
The income or discharge notices of insured workers and those of changes in their salary, delivered to the Institute after the accident, will in no case free the employer from the obligation to pay the capital of incorporation, even if it had been presented within the time limits specified in Articles 15 and part I and 34 fractions I to III of this legal order.
The Institute will determine the amount of the capital and make them effective, in the form and terms provided for in this Law and its regulations.
Article 78. The patterns that cover the constitutive capitals determined by the Institute, in the cases provided for in the previous article, shall be released, in the terms of this Law, of the (a) compliance with the obligations on liability for occupational risks established by the Federal Labour Law, as well as the obligation to find out the fees prescribed by this Law for the period preceding the accident, in respect of the worker In the case of accidents at work, there is a risk of the liability and penalties that the Law and its regulations lay down in its case.
Item 79. The constituent capitals are integrated with the amount of some or some of the following:
I. Medical Assistance;
III. Medicines and healing material;
IV. Diagnostic and treatment auxiliary services;
V. Surgical Interventions;
VI. Prosthesis And Orthopedics Appliances;
VII. Expenses for the transfer of the injured worker and payment of the viatics in their case;
IX. Where applicable, funeral expenses;
X. Global indemnities to replace the pension, in the terms of the last paragraph of section III of Article 58 of this Law;
XI. Current pension value, which is the amount calculated at the date of the claim and which, invested at a compound interest rate of five per cent, is sufficient, the amount paid and his interest, in order for the beneficiary to enjoy the pension for the time he is entitled to, in the applicable amount and conditions determined by this Law, taking into account the probabilities of reactivity, death and reentry to the work, as well as the age and gender of the pensioner, and
XII. Five percent of the amount of concepts that integrate it, for administrative expenses.
For the purpose of the financial capital, the Institute, when initiating the care of the insured or, where appropriate, the beneficiary, through its services doctors, shall establish the diagnosis and treatment required by specifying its duration, type and number of the benefits in kind to be granted, as well as the organic or functional sequelae arising from the disaster and shall determine the amount of these benefits based on unit costs per level of care, applicable for the collection of services to non-entitled patients.
Also, through its economic benefit areas, it will calculate the amount of the economic benefits to be granted, by way of subsidies, funeral expenses, overall compensation and the current value of the pension, which correspond.
According to the above paragraphs, the Institute at the beginning of the attention of the insured person or, where appropriate, of the beneficiary, will end and charge the capital establishing, irrespective of whether, at the end of the treatment of the insured person or the beneficiary, where appropriate, new capital is eligible for the benefits granted which were not considered in the appropriations initially issued.
The provisions of this Article shall apply to the capital of incorporation derived from all insurance of the compulsory scheme.
OF RISK PREVENTION OF WORK
Article 80. The Institute is empowered to provide services of a preventive nature, individually or through procedures of general scope, in order to prevent the the risk of work among the insured population.
In particular, the Institute will establish programs to promote and support the application of preventive actions of work risks in companies of up to 100 workers.
Article 81. The Institute will coordinate with the Secretariat of Labor and Social Welfare, with the agencies and entities of the Federal Public Administration, of the federal entities and will concern, in the same way, with the representation of the organizations of the social and private sectors, in order to carry out programs for the prevention of accidents and diseases of work.
Article 82. The Institute will conduct research that it deems appropriate on work risks and will suggest to employers the appropriate techniques and practices to prevent the performance of such risks.
The Institute will be able to verify the establishment of programs or preventive actions of work risks in those companies that due to the registered claims, they can decrease the amount of the premium for this insurance.
Item 83. Employers should cooperate with the Institute in the prevention of work risks, in the following terms:
I. Facilitate the realization of studies and research;
II. Provide you with data and reports for statistics on job risks, and
III. Collaborating in the field of your companies to the adoption and dissemination of the rules on the prevention of work risks.
SICKNESS AND MATERNITY INSURANCE
Item 84. They are covered by this insurance:
I. The insured;
II. The Pensioned By:
a) Total or partial permanent inability;
c) Cesantia in advanced age and old age, and
d) Wideness, Orphanage, or Ancestry;
III. The insured's wife or, in the absence of this, the woman with whom she has made marital life during the five years prior to the disease, or with whom she has created children, provided both remain free of marriage. If the insured has several concubines, none of them shall be entitled to protection.
The same right shall be enjoyed by the spouse of the insured person or, in the absence of the insured person, provided that he has been financially dependent on the insured person and, where appropriate, meet the requirements of the preceding paragraph;
IV. The wife of the pensioner in the terms of the incites (a), (b) and (c) of the fraction II, in the absence of a wife, the concubine if the requirements of the fraction III are met.
The same right shall be enjoyed by the husband of the pensioned or absent the concubinaire, if he meets the requirements of the fraction III;
V. Children under the age of sixteen years of the insured and pensioners, in the terms entered in the preceding fractions;
VI. The children of the insured person when they are unable to maintain their own work due to a chronic illness or disability due to physical, mental, or physical deficiencies. intellectual or sensorial, until the incapacity they suffer or up to the age of twenty-five years is not gone when they perform studies on the national education system;
VII. Children older than sixteen years of invalidity pensioners, old age and old age, who are enjoying family allowances, as well as those of pensioners for permanent incapacity, in the same cases and conditions laid down in Article 136;
VIII. The parent and parent of the insured who live in the home, and
IX. The parent and parent of the pensioner in the terms of the (a), (b), and (c) of the II fraction, if they meet the co-existence requirement in fraction VIII.
The subjects covered in fractions III to IX shall be entitled to the respective benefits if they meet the following requirements:
a) That are economically dependent on the insured or the pensioner, and
b) That the insured is entitled to the benefits provided in Article 91 of this Act.
Item 85. For the purposes of this insurance, it shall be the date of initiation of the disease, when the Institute certifies the condition.
The enjoyment of maternity benefits will start on the day the Institute certifies the state of pregnancy. The certification shall indicate the probable date of the birth, which shall serve as the basis for the calculation of the forty-two days prior to that, for the purposes of the enjoyment of the subsidy which, if any, is granted in the terms of this Law.
Item 86. To be entitled to the benefits provided in this chapter, the insured, the pensioner and the beneficiaries shall be subject to the medical prescriptions and treatments indicated by the Institute.
Article 87. The Institute may determine the hospitalization of the insured, the pensioner, or the beneficiaries, when required by the disease, in particular for the purposes of illness. contagious.
For hospitalization, express consent of the patient is required, unless the nature of the disease makes such a measure dispensable. The hospitalization of minors and other disabled persons, requires the consent of those who exercise the parental authority or the protection of the Public Ministry or legally competent authority.
Article 88. The employer is responsible for the damages to be caused to the insured, his or her family members or to the Institute, when for failure to comply with the obligation to register him or her (a) to notify the actual wages or the changes thereof, the benefits in kind and in the case of sickness and maternity insurance shall not be granted, or where the allowance to which they were entitled is reduced by the amount.
The Institute shall be subrogated to the rights of the rights holders and shall grant the benefits referred to in the preceding paragraph. In this case, the employer shall enter into the Institute the amount of the capital of incorporation. This amount shall be deductible from the amount of the employer's contributions to that date which correspond to the sickness and maternity insurance of the worker concerned.
The determination of the constitutive capital shall not be carried out, where the Institute gives the right holders the benefits in kind and in the money they are entitled to, provided that the income or discharge notices of insured workers and those of changes in their salary have been given to the Institute within the time limits specified in Articles 15, fraction I and 34 of this Law.
Article 89. The Institute will provide the services it has, in any of the following ways:
I. Directly, through your own staff and facilities;
II. Indirectly, by virtue of agreements with other public or private bodies, to ensure that the services in the field of sickness and maternity are provided and to provide the benefits in kind and subsidies for the occupational risks, always under the supervision and responsibility of the Institute. The conventions shall set the time limit for their validity, the extent of the subrogated service, the payments to be made, the manner of covering them and the causes and procedures for termination, as well as the other relevant conditions;
III. It will also be able to conclude agreements with those who have established medical and hospital services, and can be agreed, if we are dealing with employers with an obligation to insurance, in the reversal of a part of the employers 'and workers' quota in proportion to the nature and size of the services concerned. Such agreements shall, where appropriate, be agreed on the payment of subsidies by means of a system of reimbursements. These conventions may not be concluded without the prior consent of the workers or their representative organisation, and
IV. Through cooperation and collaboration agreements with institutions and health agencies in the federal, state and municipal public sectors, in terms that allow the optimal use of the installed capacity of all the institutions and bodies. Similarly, the Institute may provide its facilities to the population attended by such institutions and bodies, in accordance with their availability and without prejudice to their financial capacity.
In any event, the persons, undertakings or entities referred to in this Article shall be required to provide the Institute with the medical or administrative reports and statistics required by the Institute and be subject to the instructions, technical standards, inspections and surveillance prescribed by the Institute itself, in the terms of the regulations concerning medical services issued.
Article 90. The Institute shall draw up the basic tables of medicinal products it deems necessary, subject to permanent updating, in order to ensure that the products included are those of greatest therapeutic efficacy.
OF BENEFITS IN KIND
Article 91. In the event of a non-professional illness, the Institute shall grant to the insured the necessary surgical, pharmaceutical and hospital medical care, from the beginning of the disease and during the fifty-two week period for the same condition.
It will not be counted in the aforementioned period, the time it lasts for curative treatment that allows you to continue at work and continue to cover the corresponding fees.
Article 92. If at the end of the fifty-two week period provided for in the previous article, the insured person remains ill, the Institute will extend its treatment for up to fifty-two weeks. more, after medical advice.
Article 93. The benefits in kind referred to in Article 91 of this Law shall also be granted to the other subjects protected by this insurance referred to in Article 84 of this Law. ordering.
The parents of the deceased insured or pensioner shall retain the right to the services referred to in Article 91 of the Law.
Item 94. In case of maternity, the Institute shall grant to the insured during pregnancy, childbirth and puerperium, the following benefits:
I. Obstetric assistance;
II. Aid in kind for six months for breastfeeding and training and encouragement for breastfeeding and breastfeeding, encouraging that breast milk is exclusively food for six months and complementary until advanced in the second year of life;
III. During the breast-feeding period, they shall have the right to decide between two extraordinary reposses per day, half an hour each, or an extraordinary rest per day, one hour to breastfeed their children or to carry out the extraction. Milk manual, rather than adequate and hygienic designated by the institution or dependency, and
IV. A basket at birth of the child, the amount of which will be indicated by the Technical Council.
Item 95. They shall be entitled to benefit from the benefits referred to in Sections I and II of the previous Article, the beneficiaries referred to in Article 84 (III) and (IV) of this Law.
OF BENEFITS IN MONEY
Article 96. In case of non-professional illness, the insured will be entitled to a grant in money to be awarded when the disease incapacitate him for the job. The allowance shall be paid from the fourth day of the start of the incapacity, for the duration of the incapacity and up to the end of fifty-two weeks.
If at the end of that period the insured will continue to be incapacitated, after the Institute has delivered an opinion, the allowance may be extended for up to twenty-six weeks.
Item 97. The insured person shall only receive the allowance provided for in the previous Article, where he has at least four weekly contributions immediately preceding the disease.
Casual workers will receive the allowance when they have six weekly contributions in the last four months prior to the illness.
Article 98. The cash subsidy to be granted to policyholders will be equal to sixty percent of the last daily contribution salary. The allowance shall be paid for periods which are not exceeding one week, directly to the insured person or to his duly accredited representative.
Article 99. In case of non-compliance by the patient with the Institute's indication to undergo hospitalization, or when he/she stops treatment without proper authorization, the patient will be suspended. payment of the allowance.
Article 100. When the Institute has the insured person, the allowance provided for in Article 98 of this Law shall be paid to him or his family members entitled under Article 84 of this Law. ordering.
Article 101. The insured will be entitled during pregnancy and the puerperium to a cash allowance equal to one hundred per cent of the last daily contribution salary that you will receive for forty-five years. two days prior to delivery and forty-two days after the delivery.
In cases where the date fixed by the doctors of the Institute does not correspond exactly to the date of the delivery, the corresponding subsidies for forty-two days after the date of delivery must be covered. itself, no matter that the period before the birth was exceeded. The days in which the period before the birth has been extended shall be paid as a continuation of disability caused by disease. The allowance will be paid for expired periods not exceeding one week.
Article 102. In order for the insured to be entitled to the allowance referred to in the previous article, it is required:
I. That you have covered at least thirty weekly quotes in the twelve-month period prior to the date you should start the allowance payment;
II. That pregnancy and the probable date of birth have been certified by the Institute, and
III. That you do not perform any work by using retribution during the periods before and after delivery.
If the insured is receiving another allowance, the amount will be cancelled.
Article 103. The enjoyment of the allowance provided for in Article 101, exempts the employer from the obligation to pay the full salary referred to in Article 170 (V) of the Federal Labor Law, to the limits established by this Law.
When the insured does not comply with the provisions of section I of the previous article, payment of the full salary will be borne by the employer.
Article 104. When you die a pensioner or an insured person who has recognized at least twelve weekly contributions in the nine months before the death, the Institute will pay the person preferably a family member of the insured or pensioner, who submits a copy of the death certificate and the original account of the funeral costs, an aid for this concept, consisting of two months of the general minimum wage in the District Federal on the date of death.
OF THE FINANCIAL SYSTEM
Article 105. The resources necessary to cover the benefits in money, the benefits in kind and the administrative expenses of the sickness and maternity insurance, will be obtained from the quotas which are required to cover the employers and workers or other subjects and the contribution corresponding to the State.
Article 106. The sickness and maternity insurance benefits in kind will be funded as follows:
I. For each policyholder, a daily employer fee equal to thirteen point nine percent of a daily general minimum wage for the Federal District will be paid monthly;
II. For policyholders whose contribution base salary is greater than three times the daily general minimum wage for the Federal District; it will be covered in addition to the share set in the fraction above, an additional employer's equivalent of six per cent and another two per cent worker, of the amount resulting from the difference between the base salary and three times the minimum wage quoted, and
III. The Federal Government will cover monthly a daily fee for each insured, equivalent to thirteen point nine percent of a general minimum wage for the Federal District, to the date of entry. in force of this Law, the initial amount that will be updated quarterly according to the variation of the National Index of Consumer Prices.
Article 107. The benefits in sickness and maternity insurance will be funded by a one percent fee on the base rate salary, which will be paid out of the form next:
I. Patterns will be responsible for paying seventy percent of that fee;
II. Workers will have to pay twenty-five percent of it, and
III. The Federal Government will have to pay the remaining five percent.
Article 108. The Federal Government's contributions will be covered in equal monthly payments, equivalent to the twelfth of the estimate presented by the Institute for the following year. Secretary of Finance and Public Credit, in the month of July of each financial year. If inflation is four percentage points higher or lower than the estimate in such calculations, the corresponding preliminary compensation shall be made before the end of the next two-month period, the definitive adjustments, on the basis of actual annual inflation, during the month of January of the following year.
OF RIGHTS CONSERVATION
Article 109. The insured person who is deprived of paid work, but who has covered immediately before such deprivation a minimum of eight contributions In the eight weeks after the vacancy, the right to receive, exclusively the necessary medical and maternity, surgical, pharmaceutical and hospital care. The beneficiaries shall enjoy the same right.
The Federal Executive may request the Technical Council to extend the period of conservation of rights referred to in the preceding paragraph, when the economic and labor conditions of the country so require, and will determine the specific conditions in which the conservation of the rights will operate, the necessary requirements to grant it and the validity that in each case determines. In this case, the Federal Government will provide in a timely and sufficient manner to the Institute of the necessary resources to finance the additional costs that this measure represents. The Institute shall carry accounting records separately from its ordinary operation.
For such purposes, the resources that the Federal Government will allocate, should be expressly considered in the corresponding Federation's Government Budget.
Workers who are in a state of strike will receive medical benefits for the duration of the strike.
OF PREVENTIVE MEDICINE
Article 110. For the purpose of protecting health and preventing disease and disability, the Institute's preventive medicine services will carry out health outreach programs, prevention and rehabilitation of disability, epidemiological studies, production of immunobiologics, immunizations, health campaigns and other special programs focused on solving medical-social problems.
Article 111. The Institute will coordinate with the Health Secretariat and other public agencies and agencies in order to carry out the campaigns and programs referred to in the article. previous.
OF THE REGISTRATION OF HEALTH ACTIVITIES TO THE ENTITLED POPULATION
Article 111 A. The Institute for the conduct of records, annotations and certifications regarding the health care of the right-holder population may be use written, electronic, magnetic, optical or magneto optical means to integrate a single electronic clinical record for each of the rightholder, in the medical units or in any other facility determined by the Institute.
In the electronic clinical file, the background to the attention paid by the person entitled to the services provided for external consultation shall be integrated, emergency, hospitalization, diagnosis and treatment aids.
The certification that the Institute, issue in terms of the applicable provisions, through the competent administrative unit, based on the information in the electronic file referred to in this Article, shall have full legal effects for civil, administrative and judicial purposes.
The authorized personnel for the management of the information contained in the electronic clinical file will be assigned a personal identification key of confidential and non-transferable, combined with the worker's registration, shall be recognised as an electronic signature of the records made in the clinical file, which for legal purposes shall have the same validity as an autograph signature.
The data and records contained in the electronic file referred to in this Article shall be confidential and shall be disclosed to third parties other than the Institute without the express authorization of the authorities of the Institute and of the rightholder or of those who have legal power to decide for him, or without legal cause to justify it, will be sanctioned in terms of the federal criminal law as a revelation of secrets, irrespective of the payment of the compensation which, if any, corresponds.
Of the queries to be made to these files must be recorded in the person's own file, which is consulted, the date of the consultation and the justification of the same.
DISABILITY AND LIFE INSURANCE
Article 112. The risks protected in this chapter are the invalidity and death of the insured or of the invalidity pension, in the terms and manner provided for in this Law.
Article 113. The granting of the benefits set forth in this chapter requires the fulfillment of waiting periods, measured in weeks of quotation recognized by the Institute, as points out in the provisions relating to each of the risks covered.
For the purposes of this Article, it shall be considered as a week of contribution as regards the insurance contained in this chapter which are covered by a certificate of medical incapacity for the job.
Article 114. The payment of the invalidity pension, if any, shall be suspended for the time when the pensioner performs a job in a position equal to that which he developed when he declares this.
Article 115. When a person is entitled to two or more of the pensions set out in this Act, for being simultaneously penalized, insured, and beneficiary of another or other insured person, he/she will receive where appropriate, the pension according to the resources accumulated in the individual account concerned.
Article 116. If a person is entitled to any of the pensions in this chapter and also to a pension from work risk insurance, they will receive both without the sum of their amounts exceed one hundred per cent of the higher salary, of which they were used as the basis for determining the amount of pensions granted. Adjustments not to exceed the limit indicated shall not affect the pension from work risks.
Article 117. When any pensioner transfers his home address abroad, he/she may continue to receive his/her pension for the duration of his/her absence, in accordance with international agreement, or the administrative costs of moving the funds will be borne by the pensioner.
This provision will apply to insurance against work, disability and life risks, and retirement, advanced age and old age.
Article 118. Insured persons who obtain a permanent pension for invalidity and life or for work risks, as well as those who enjoy a pension for retirement, advanced age or old age, may choose to cover the credits granted to them by the Financial Entities referred to in the Law for the Transparency and Ordinance of the Services. Financial.
The National Commission of the Savings Systems for the Retreat and the National Insurance and Bonding Commission, in the field of their respective competences, will be able to issue rules of a general nature which are required for the application of the provisions of this Article. Such rules shall provide for the form and terms in which the Financial Entities referred to in the first paragraph of this communicate to the Technical Board of the Institute and to the insurers and administrators of retirement funds. with which they conclude the conventions referred to in this provision, the general terms of the credit, including the total annual cost applicable to the loans referred to, with a view to making them clear, precise and transparent knowledge of the pensioners, for purposes of comparison in the choice of the Entity Financial to which you will apply for the loan.
OF THE DISABILITY CLASS
Article 119. For the purposes of this Law, there is invalidity when the insured person is unable to obtain, through equal work, a remuneration of more than 50% of his/her the usual remuneration received during the last year of work and that this impossibility derives from a non-professional illness or accident.
The invalidity declaration must be made by the Mexican Social Security Institute.
Article 120. The status of invalidity entitles the insured, in the terms of this Law and its regulations, to the following benefits:
I. Temporary Pension;
II. Final Pension.
The pension and the survival insurance to which this fraction refers, will be contracted by the insured with the insurance institution that you choose. For the purpose of hiring life and life insurance, the Institute shall calculate the amount required for its recruitment. The amount shall be deducted from the accumulated balance in the individual account of the insured person and the positive difference shall be the sum insured that the Institute shall provide to the insurance institution for the insurance to which it relates this fraction.
When the worker has an accumulated balance in his/her individual account that is greater than the amount necessary to integrate the constitutive amount to contract for life and survival income, he/she will be able to You can choose to:
a) Retire the surplus sum in a single display of your individual account;
b) Contreating a lifetime income by a higher amount, or
c) Apply the surplus to a premium payment to increase the benefits of survival insurance.
Life income and survival insurance shall be subject to the provisions of Article 159 (IV) and VI of this Law;
III. Medical assistance, in the terms of Chapter IV of this Title.
IV. Family allowances, in accordance with section IV of this chapter, and
V. Aid assistance, in the terms of section IV itself of this chapter.
Article 121. Temporary pension is the one granted by the Institute, with a charge to this insurance, for renewable periods to the insured in the cases of the possibility of recovery for the work, or when for the continuation of a non-professional illness end the enjoyment of the allowance and the disease persists. It is the final pension which corresponds to the state of invalidity which is considered to be permanent.
Article 122. To benefit from the benefits of the invalidity class, it is required that the insured is credited with the payment of two hundred and fifty weeks of contribution. In the event that the respective opinion determines the seventy-five per cent or more of the invalidity, it shall be required only to have one hundred and fifty weeks of contribution.
The person declared in an invalidity state of a permanent nature who does not meet the weeks of contribution mentioned in the preceding paragraph may withdraw the balance of his/her individual account at any time of retirement insurance, advanced age and old age in a single exhibition.
Article 123. You do not have the right to enjoy an invalidity pension, when the insured:
I. By yes or no other person has intentionally caused the invalidity;
II. Result responsible for the intentional offense that caused the invalidity, and
III. You have a status of invalidity prior to your membership of the compulsory scheme.
In the cases of fractions I and II, the Institute may grant the total or part of the pension to family members who are entitled to the benefits granted in the case of death and the pension cover for the duration of the insured's invalidity.
Article 124. Insured persons who request the granting of an invalidity pension and the invalids who are enjoying it, must be subject to medical, social and social investigations. and economic that the Institute considers necessary, to check whether the status of invalidity exists or remains.
In order to avoid simulations in the granting of the pension referred to in the previous paragraph, any irregularities that are warned about the particular by the Institute, will be sanctioned by the appropriate authority in accordance with the provisions of the criminal rules applicable to them.
Article 125. The entitlement to the invalidity pension will begin from the day the disaster occurs and if the day cannot be fixed, from the date of filing the application for obtain it.
Article 126. When an invalidity pension is refused to undergo prior or subsequent examinations and prescribed or abandoned medical treatments, the Institute shall order the suspension. of the payment of the pension. Such suspension shall remain as long as the pensioner does not comply with the provisions of this Article.
Where the insured person has been determined to be in receipt of a right to the hiring of a life income or scheduled retirement as provided for in Article 159 of the fourth and fifth subparagraphs of this Article Law, be re-enabled, you will be suspended from paying the pension by the insurer chosen by the worker. In this case, the insurer must return the part of the reservation corresponding to the contracted insurance or withdrawal to the Institute, deducting the pensions paid and the administrative costs incurred. Likewise, the insurer will return to the Administrative Fund for the Retreat, which operated the individual account to the worker, the unused resources of the individual account of the same in effect for the account to reopen the account corresponding.
BRANCH OF LIFE
Article 127. When the death of the insured or the invalidity pension occurs, the Institute shall grant its beneficiaries, in accordance with the provisions of this Chapter, the following: benefits:
I. The widowhood pension;
II. Orphanage pension;
III. Pension to ascending;
IV. Aid assistance to the pension for widowhood, in cases where it is required, in accordance with the medical advice that the effect is formulated, and
V. Medical assistance, in the terms of Chapter IV of this Title.
In the event of the death of an insured person, the pensions referred to in fractions I, II and III of this Article shall be granted by the institution of insurance chosen by the beneficiaries for the purpose of the of his life income. To this end, a constituent amount must be included in the chosen insurer, which must be sufficient to cover the pension, aid and other economic benefits provided for in this chapter. To this end, the Mexican Social Security Institute will grant an insured sum that, in addition to the resources accumulated in the individual account of the deceased worker, must be sufficient to integrate the amount of the constitutive charge to which it is pay the pension, the aid and the other economic benefits provided for in this chapter by the insurance institution.
When the deceased worker has had an accumulated balance in his/her individual account that is greater than that required to integrate the constitutive amount to hire an income that is higher than the pension to which have the right of their beneficiaries, in the terms of this chapter, they may withdraw the excess amount in a single display from the deceased worker's individual account, or hire an income for a larger sum.
Life income shall be subject to the provisions of Article 159 (IV) of this Law.
In the event of the death of a pensioner due to occupational risks, invalidity, retirement, old age and old age, the pensions referred to in fractions I, II, and III of this Article shall be granted (a) under the survivor's insurance that has been contracted by the deceased pensioner.
Article 128. These are requirements for granting beneficiaries the capabilities contained in the previous article, the following:
I. That the policyholder would have recognized the payment to the Institute of a minimum of one hundred and fifty weekly contributions, or that he would be entitled to an invalidity pension, and
II. That the death of the insured person or the invalidity pension is not due to a job risk.
Article 129. The beneficiaries of a deceased insured person other than a risk of employment who are entitled to a permanent disability pension arising from an equal risk shall also be entitled to a pension if that person is accredited. the payment to the Institute of a minimum of one hundred and fifty weekly contributions and would have caused a reduction in the compulsory scheme, whatever the time has elapsed since the date of its discharge.
If the insured person enjoys a total permanent disability pension and passes away from a job risk, without complying with the requirement of the previous paragraph, his beneficiaries will be entitled to pension, if the one who enjoyed the deceased was not longer than five years.
Article 130. You will be entitled to the widowhood pension which was the spouse of the insured or pensioner. In the absence of a spouse, he or she shall be entitled to receive the pension, the woman with whom the insured or pensioner has lived as if she were her husband, during the five years immediately preceding the death of that person, or with whom he had children, provided that both have remained free of marriage during the concubinage. If when the insured person dies or has been awarded invalidity pension, he or she has several concubines, none of them will be entitled to receive the pension.
The same pension will correspond to the widower or concubinaire who was economically dependent on the insured worker or paid for invalidity.
Article 131. The widowhood pension will be equal to ninety percent of the one that would have corresponded to the insured in the case of invalidity or the one who was enjoying the pension for this assumption.
Article 132. You will not be entitled to the widowhood pension provided by the previous article, in the following cases:
I. When the death of the insured person occurred before the end of six months of marriage;
II. When he has married the insured person after he has completed the age of fifty-five years, unless the date of death has elapsed one year since the conclusion of the link, and
III. When the insured person is receiving a pension for invalidity, old age or an old age, when the insured person is married, unless at the date of death one year has elapsed since the marriage was concluded.
The limitations set forth in this Article shall not govern when the widow or pensioner has had children with him when the insured or pensioner dies.
Article 133. The right to the enjoyment of the widowhood pension shall begin from the day of the death of the insured or pensioner by invalidity and shall cease with the death of the beneficiary, or when the widow, Widower, concubine or concubinaire shall be married or entered into concubinage. The enjoyment of this pension will not be suspended because those will perform paid work.
The widow, widower, concubine or concubinaire pensioners who are married, will receive a lump sum equal to three annuities of the amount of the pension they enjoyed.
Article 134. They shall be entitled to receive an orphan's pension each of the children under the age of sixteen years, when the father or mother dies and one of them has been insured, and They must have at the Institute a minimum of one hundred and fifty weekly contributions or have had the quality of invalidity pensions.
The Institute will extend the orphan's pension, after reaching the orphan age of sixteen years, and up to the age of twenty-five, if it is studying in the national education system, taking into account the economic, family and personal conditions of the beneficiary, provided that he is not subject to the compulsory scheme.
An orphan over 16 years of age who performs a paid job is not entitled to receive this pension; unless he is unable to maintain his or her own work, due to a chronic illness, physical or psychic, as long as the disability you suffer is not gone.
Article 135. The orphan's pension of a parent or parent shall be equal to 20% of the invalidity pension which the insured person is enjoying when he or she has fallen or who has been entitled to the invalidity pension. If the orphan is a parent, a pension equal to thirty per cent of the same basis shall be awarded on the same terms.
If, at the time of the orphan's pension, the orphan was not a parent or a mother and subsequently passed away the other parent, the orphan's pension will be increased from twenty to thirty per cent, from the date of death of the ascendant.
Article 136. The right to the benefit of the orphan's pension shall begin from the day of the death of the insured person or pensioner by invalidity and shall cease with the death of the beneficiary, or where the beneficiary has reached sixteen years of age, or a higher age, in accordance with the provisions of the two preceding articles.
With the last monthly payment, the orphan will be awarded a final payment equivalent to three monthly payments.
Article 137. If there is no widow, widower, orphans, or concubine or concubinaire entitled to a pension, the pension shall be granted to each of the ascending (a) the insured person is dependent on the insured or the deceased for invalidity, for an amount equal to twenty per cent of the pension which the insured person was enjoying, or of which he would have been entitled to the state of invalidity.
OF FAMILY ALLOWANCES AND AID ASSISTANCE
Article 138. The family allowances consist of a family charge aid and shall be granted to the beneficiaries of the invalidity pension, in accordance with the following rules:
I. For the pensioner's wife or concubine, fifteen percent of the pension amount;
II. For each of the children under sixteen years of age, ten percent of the pension amount;
III. If the pensioner did not have a wife or concubine, no children under the age of sixteen will be granted a ten percent allowance for each of the parents of the pensioner if they were financially dependent on him;
IV. If the pensioner does not have a wife or concubine, or children, or relatives who are economically dependent on him, he or she shall be granted an aid equivalent to 15% of the amount of the pension corresponding to him, and
V. If the pensioner has only an ascendient entitled to the family allowance, he or she will be granted an aid equivalent of ten per cent of the amount of the pension to be enjoyed.
These family allowances will be given in preference to the pensioner himself, but the child may be given to the person or institution who has them under his or her direct charge, in the case of of not living with the pensioner.
Family allowances will cease with the death of the family member who originated it and, in the case of children, will end with the death of these or when they are sixteen years old, or twenty-five years old, The provisions of Article 134 of this Law shall apply.
Family allowances granted to the children of the pensioner on the grounds of not being able to maintain on their own, due to disablement to work for chronic, physical or mental illness, may continue to pay until the disablement is not removed.
The Institute will grant in the terms of this article, family allowances to the children of the pensioner, over sixteen, if they meet the above conditions.
Article 139. For the calculation of the annual salary or pensions of widowhood, orphans or relatives, the family allowances and the assistance granted shall not be taken into account.
The retirement pensions, old age and old age and old age will be paid, included in the pension they acquire, the family allowances and the aid which are established in this section, which will be financed by the social quota provided by the State in the terms of section IV of Article 168 of this Law for the workers receiving it, and with the employer and state contributions to the Retirement sub-account, Cesantia in Advanced Age and Old age for workers who do not receive social share in their individual accounts.
Article 140. The Institute shall grant aid to the invalidity pension, with the exception of cases falling within Article 138 (IV) and (V), and to pensioners or widowers, when their physical condition is inescapably required. Another person is permanently or continuously attending. On the basis of the medical advice that the aid will have, the aid will consist of an increase of up to twenty per cent of the invalidity pension or widowhood that the pensioner is enjoying.
OF THE AMOUNT OF INVALIDITY AND LIFE PENSIONS
Article 141. The amount of the invalidity pension will be equal to a basic amount of thirty-five percent of the average of the wages corresponding to the the last five hundred weeks prior to the grant of the same, or those that are always sufficient to exercise the right, under the terms of Article 122 of this Law, updated in accordance with the National Price Index to the Consumer, plus family allowances and aid.
In the event that the amount of the pension is lower than the guaranteed pension, the State will make the difference so that the worker can acquire a life pension.
In no case shall the invalidity pension, including family allowances and aid, be lower than the guaranteed pension provided for in Article 170 of this Law.
Article 142. The amount determined in accordance with the previous article, will serve as the basis for calculating the pensions that result from the death of both the pensioner and the insured, as well as the amount of the annual stand-off.
In any case, the amount of the aguinaldo referred to in the preceding paragraph shall not be less than thirty days.
Article 143. The pension that is granted for invalidity, including the amount of family allowances and aid granted, shall not exceed one hundred percent of the average salary that used as a basis for fixing the amount of the pension.
Article 144. The total of the pensions attributed to the widow, or to the concubine and the orphans of a deceased insured person shall not exceed the amount of the invalidity pension that the widow enjoyed insured or of the insured person in the case of invalidity. If that total exceeds, each pension shall be proportionally reduced.
When the right of one of the pensioners is extinguished, a new distribution of the pensions will be made that will remain in force, among the remaining ones, without the partial quotas or the total amount of such pensions.
Article 145. The invalidity and life pensions granted will be increased annually in the month of February according to the National Consumer Price Index.
OF THE FINANCIAL SYSTEM
Article 146. The resources necessary to finance the benefits and administrative costs of the invalidity and life insurance, as well as the constitution of the technical reserves, will be obtained from the quotas that are required to cover the workers and other bound subjects, as well as the contribution corresponding to the State.
Article 147. To the employers and the workers it is up to them to cover, for the insurance of invalidity and life the one point seventy five percent and the zero point six hundred and twenty-five percent on the base salary of quotation, respectively.
Article 148. In all cases where the amount of the State's contribution to invalidity and life insurance is not expressly provided for in the Act or by agreement, it shall be equal to seven hundred and forty-three per cent of the total of the quotas. employer and will cover it in the terms of Article 108 of this Law.
Article 149. The employer is responsible for the damages to be caused to the worker or to his or her family members, when for lack of compliance with the obligation to register him or to notify his or her actual salary or the changes that he or she has suffered, the benefits provided for in this Chapter may be granted or those benefits shall be reduced in value.
The Institute will be subrogated to your rights and will grant you the benefits that correspond to you. In this case, the employer is obliged to find out the respective constituent capitals of the Institute.
The provisions of Article 79 of this Law and other provisions relating to the integration, determination and recovery of the capital of incorporation are applicable to invalidity and life insurance.
CONSERVATION AND RECOGNITION OF RIGHTS
Article 150. Insured persons who cease to belong to the compulsory scheme, shall retain the rights they have acquired in invalidity and life insurance for a period equal to the fourth part of the time covered by your weekly contributions, counted from the date of your leave.
This rights retention time will not be less than twelve months.
Article 151. To the insured who has ceased to be subject to the mandatory regime and reenters it, you will be recognized for the time covered by your previous quotes, as follows:
I. If the interruption in the payment of contributions is not greater than three years, all your contributions will be recognized at the time of the re-registration.
II. If the interruption exceeded three years, but not six years, all previous quotes will be recognized when, from your re-entry, you have covered a minimum of twenty-six weeks of new quotes;
III. If the re-entry occurs after six years of interruption, the quotes previously covered will be credited to the gathering fifty-two weeks recognized in your new insurance, and
IV. In cases of invalidity pensioners who return to the compulsory scheme, they shall be listed in all insurance, with the exception of invalidity and life.
In the cases of fractions II and III, if the reentry of the insured occurred before the expiration of the period of rights conservation established in the previous article, all of them will be recognized immediately. your previous quotes.
RETIREMENT INSURANCE, ADVANCED AGE AND OLD AGE
Article 152. The risks protected by this chapter are the retirement, the advanced age and the old age of the insured, as well as the death of the pensioners for this insurance, in the terms and with the modalities provided for in this Law.
Article 153. The granting of the benefits contained in this Chapter requires the fulfilment of waiting periods measured in weeks of contributions recognized by the Institute, as stated in the provisions relating to each of the classes of protected securement.
The weeks of contributions covered by certificates of medical incapacity for work, issued or recognized by the Institute, shall be considered only for the granting of the guaranteed pension which, if appropriate, appropriate.
OF THE ADVANCED AGE-GUARANTEE CLASS
Article 154. For the purposes of this Act, there is an advanced age-guarantee when the insured is deprived of paid employment from the age of 60 years. age.
In order to benefit from the benefits of this class, the insured person is required to have a minimum of one thousand two hundred and fifty weekly contributions to the Institute.
The unemployed worker who is sixty years or older and does not meet the quotation weeks mentioned in the preceding paragraph, may withdraw the balance from his/her individual account in a single exhibition or follow to cover the weeks necessary for your pension to operate.
In this case, if the insured person has listed a minimum of seven hundred and fifty weeks, he shall be entitled to sickness and maternity insurance in the terms of Chapter IV of the this Title.
Article 155. The contingency consisting of the advanced age-guarantee, obliges the Institute to grant the following benefits:
II. Medical assistance, in the terms of Chapter IV of this Title;
III. Family assignments, and
IV. Help help.
Article 156. The entitlement to the benefit of the advanced age-guarantee pension shall begin from the day the insured meets the requirements laid down in Article 154 of this Law, provided that request the granting of such a pension and credit that you have been deprived of work, if the low notice was not received at the Institute.
Article 157. Insured persons who meet the requirements set out in this section may have their individual account in order to enjoy an advanced age-guarantee pension. For this purpose, you may choose one of the following alternatives:
I. Hire with the insurance institution of your choice a lifetime income, which will be updated annually in the month of February under the National Consumer Price Index, and
II. Maintain the balance of your individual account in a Retirement Fund Administrator and perform scheduled withdrawals.
Both assumptions will be subject to the provisions of this Law and in accordance with the general rules issued by the National Commission of the Retirement Savings System.
The insured person who opts for the alternative provided in part II may, at any time, hire a life income in accordance with the provisions of the section I. The insured person may not opt for the If the monthly income to be agreed is lower than the guaranteed pension.
Article 158. The insured may be penalized before the age of the established age, provided that the pension calculated in the lifetime income system is more than thirty percent. One hundred and one hundred of the guaranteed pension, once the survival insurance premium is covered for its beneficiaries.
The pensioner will be entitled to receive the surplus of the resources accumulated in his/her individual account in one or more exhibitions, only if the pension awarded to him is more than thirty percent. (i) a pension scheme for the benefit of the insured pension, once the survivor's insurance premium has been covered. The provision of the account as well as its income shall be exempt from the payment of contributions.
The provisions of this article are applicable to the old age class.
Article 159. For the purposes of this Law, the following definitions shall apply:
I. Individual account, which shall be opened for each insured person in the Administrative Funds for the Retreat, so that the worker-employer and state quotas are deposited in the same way as the retirement insurance, the advanced age-guarantee and old age, as well as yields. The individual account shall be integrated into the sub-accounts: retirement, old age and old age; housing and voluntary contributions.
With regard to the housing sub-account, the Retirement Fund Administrators will have to turn over the resources to the National Housing Fund Institute for Workers in the terms of their own funds. Law itself.
II. Individualize, the process by which the part that is paid to the sub-accounts corresponding to each worker of the payments made by the employer and the state, as well as the financial returns that are generated, is identified.
III. Pension, lifetime income or scheduled retirement.
IV. Income for life, the contract by which the insurer in exchange for receiving the accumulated resources in the individual account is required to pay periodically a pension during the life of the ()
V. Scheduled shots, the method of obtaining a pension by fractional the total amount of the individual account resources, for which the life expectancy of the pensioners will be taken into account, as well as the expected returns on balances.
VI. Insurance of survival, the one who is contracted by pensioners, by occupational risks, by invalidity, by unemployment in advanced age or by old age, from the resources of the insured sum, added to the resources of the individual account to (a) to grant them the pension, aid and other benefits in money provided for in the respective insurance, by means of the income to be assigned to them after the death of the pensioner, until the legal termination of the pension pensions.
VII. The amount of money that is required to hire life and life insurance with an insurance institution.
VIII. The sum secured is the amount that results from subtracting the balance from the individual worker account.
The life income and survival insurance, which are granted according to the insurance of occupational risks, invalidity and life and retirement, old age and old age, the institutions of Insurance will be subject to the general rules issued by the National Insurance and Fiance Commission, hearing the opinion of the National Commission on the Retirement Savings System.
Article 160. The pensioner who is enjoying an advanced retirement pension shall not be entitled to a later age or invalidity pension.
OF THE OLD AGE CLASS
Article 161. The old age class entitles the insured to the following benefits:
II. Medical assistance, in the terms of Chapter IV of this Title;
III. Family assignments, and
IV. Help help.
Article 162. To be entitled to the benefit of the old-age insurance benefits, the insured is required to be sixty-five years of age and recognized by the Institute for a minimum of a thousand two hundred and fifty weekly contributions.
If the insured person is sixty-five years or older and does not meet the quotation weeks mentioned in the preceding paragraph, he/she may withdraw the balance from his/her individual account in a single exhibition or follow (a) to cover the weeks necessary for his/her pension to be operated. If the insured person has listed a minimum of seven hundred and fifty weeks, he shall be entitled to sickness and maternity insurance in the terms of Chapter IV of this Title.
Article 163. The grant of the old age pension may only be made upon application by the insured person and shall be covered from the date on which he is no longer working, provided that he complies with the requirements set out in Article 162 of this Law.
Article 164. Insured persons who meet the requirements set out in this section may have their individual account in order to enjoy an old age pension. For this purpose, you may choose one of the following alternatives:
I. Condealing with a public, social or private insurance company of your choice for a lifetime income, which will be updated annually in the month of February under the National Price Index. Consumer, and
II. Maintain the balance of your individual account in a Retirement Fund Administrator and perform scheduled withdrawals.
Both assumptions will be subject to the provisions of this Law and in accordance with the administrative provisions issued by the National Commission of the Retirement Savings System.
The insured person who opts for the alternative provided in part II may, at any time, hire a life income in accordance with the provisions of the section I. The insured person may not opt for the If the monthly income to be agreed is lower than the guaranteed pension.
OF THE HELP FOR MARRIAGE EXPENSES
Article 165. The insured has the right to withdraw, as aid for marriage expenses, an amount equal to thirty days of general minimum wage in the Federal District, originating from the social quota provided by the State in the terms of section IV of Article 168 of this Law for the workers receiving it, and with the employer and state contributions to the Subbill of Retirement, Unemployment in the elderly and old age for workers who do not receive a quota social in their individual accounts, according to the following requirements:
I. Having credited a minimum of one hundred and fifty weeks of retirement insurance contributions, advanced age and old age, on the date of celebration of marriage;
II.- To check with feisty documents the death of the person who registered as spouse at the Institute, or who, if applicable, exhibits the divorce act, and
III.- That any spouse has not previously been registered in the Institute with that quality.
This right will be exercised only once and the insured will not be entitled to subsequent marriages.
Article 166. The insured person who ceases to belong to the compulsory scheme shall retain his entitlement to the aid for marriage expenses, if he contracts it within ninety working days from the date of his discharge.
The insured who provides false data in relation to their marital status, loses all right to the aid for marriage expenses.
OF THE FINANCIAL SYSTEM
Article 167. The employers and the Federal Government, in their part, are obliged to find out to the Institute the amount of the employer's dues and the state contribution of the insurance retirement, old age and old age. Such fees shall be received and deposited in the respective sub-accounts of each worker's individual account, as provided for in the Law for the Coordination of Savings Systems for Retirement.
Article 168. The contributions and contributions referred to in the previous article shall be:
I. In the retirement class, it is up to employers to cover the amount equal to two percent of the worker's basic contribution salary.
II. In the fields of advanced age and old age, employers and workers are responsible for covering the quotas of three hundred and fifty per cent and one hundred and twenty-five per cent on the basic contribution salary, respectively.
III. In the advanced age and old age classes, the State's contribution will be equal to seven hundred and forty-three percent of the total Employers ' contributions to these classes, and
IV. An amount for each day of paid salary, provided monthly by the Federal Government for social quota for workers who earn up to fifteen times the general minimum wage in the Federal District, which will be deposited in the individual account of each insured worker according to the following table:
Base Salary of
1 Minimum Wage
1.01 to 4 Minimum Wages
|< class = Text0 align=center style= 'margin-bottom:0cm; margin-bottom: .0001pt; text-align:center; text-indent:0cm; line-height:normal' >4.01 to 7 Minimum Wages|| |
7.01 to 10 Minimum Wages
10.01 to 15.0 Minimum Wages
The above mentioned values of the social quota amount will be updated quarterly in accordance with the National Consumer Price Index, in the months of March, June, September and December of each year.
These contributions and contributions to the provision of pensions and other benefits provided for in this Law shall be construed as intended for public expenditure on social security.
Article 169. The resources deposited in each worker's individual account are the property of the worker with the modalities set forth in this Law and other applicable provisions.
These resources are unembargable and cannot be granted as collateral. The above shall not apply to the resources deposited in the sub-account of voluntary contributions.
OF GUARANTEED PENSION
Article 170. Guaranteed pension is that which the State assures to those who meet the requirements stated in Articles 154 and 162 of this Law and its monthly amount will be the equivalent of a general minimum wage for the Federal District, at the time when This Law, which will be updated annually, in the month of February, according to the National Consumer Price Index, to guarantee the purchasing power of said pension.
Article 171. The insured, whose accumulated resources in his/her individual account are insufficient to hire a lifetime income or scheduled retirement (a) to ensure the enjoyment of a guaranteed pension and the acquisition of survival insurance for its beneficiaries, in the percentages of Chapter V of this Title, will receive from the Federal Government a sufficient supplementary contribution for the payment of the corresponding pensions, which will be granted in the following terms:
I. The widowhood pension will be equal to ninety per cent of the one that was enjoying the death penalty;
II. The orphan's pension of a parent or parent shall be equal to twenty per cent of the pension which the insured person was enjoying when he died. If the orphan is a parent, a pension equal to thirty per cent of the same basis shall be awarded on the same terms.
If, at the beginning of the orphan's pension, the orphan was not a father or a mother and subsequently passed away the other parent, the orphan's pension is increase from twenty to thirty percent of the base indicated, from the date of death of the ascending, and
III. If there were no eligible beneficiaries in accordance with the provisions of the preceding fractions I and II, the pension shall be granted to each of the ascendants who were economically dependent on the deceased pensioner for an amount equal to the Twenty percent of the pension that the insured was enjoying when he passed away.
In these cases, the retirement fund manager will continue with the administration of the individual pension account and will make withdrawals from the balance accumulated for the payment of the guaranteed pension, in the terms determined by the National Commission of the System of Savings for the Retreat.
Article 172. The Federal Government with own resources complementary to those of the corresponding individual account, will cover the guaranteed pension, through the Institute.
The insured worker must apply to the Institute and prove to be entitled to it. For its part, the Retirement Fund Administrator is required to provide the information that the Institute itself requires for this purpose.
Exhausted individual account resources, the Retirement Fund Administrator, will notify the Institute of this fact so that it continues to grant the minimum guaranteed pension.
Once the resources are exhausted, the pension will be directly covered by the Institute, with the resources that the Federal Government must provide for this purpose.
Article 172 A. At the death of the pensioner under an advanced age or old age who is enjoying a guaranteed pension, the Institute shall hire a For the purposes of this Act, it is necessary to provide for the payment of the pension in accordance with Article 171 of this Law, in favour of the beneficiaries with the insurer they choose.
For the purposes of the foregoing, the Institute shall report the death to the retirement fund manager who, if appropriate, is paying the pension, and Note the following:
I. The fund manager for the retirement must submit to the Institute the resources that he has in the individual account of the deceased pensioner, which shall be used for the payment of the amount of the lifetime of the beneficiaries, and
II. The Federal Government, through the Institute, must provide the missing resources for the payment of the amount of the aforementioned lifetime income.
Article 173. The Institute shall suspend the payment of the guaranteed pension when the pensioner reenters a work subject to the compulsory scheme.
A pension under an advanced age or old age pension that enjoys a guaranteed pension will not be able to receive another one of the same nature.
The pension that corresponds to the beneficiaries of the deceased pensioner, will be given to them even if they are enjoying another pension of any nature.
OF THE INDIVIDUAL ACCOUNT AND THE SPECIALIZED INVESTMENT COMPANIES OF RETIREMENT FUNDS
Article 174. For the purposes of this insurance, it is the right of every insured worker to have an individual account, which shall be integrated in the terms set out in Article 159 (I) of this Law.
Article 175. The individualization and administration of the resources of the individual accounts for the withdrawal will be in charge of the Funds Administrators for the Retreat.
The Funds Administrators for the Retreat will have to count, for their constitution and operation, with the authorization of the National Commission of the Savings System for the Retreat, subject to their own accounting, information, marketing and advertising systems to the terms of the Law for the Coordination of Savings Systems for Retirement.
In any event, such a law shall have the requirements of the constitution, including provisions relating to the prevention of the conflict of interest on the management of the funds in respect of the participation of trade associations in the production sector and financial institutions.
Article 176. The insured worker will have, in the terms of the respective laws, the right to elect the Retirement Fund Administrator who will operate his/her individual account.
The Law for the Coordination of Savings Systems for Retirement will determine the mechanisms, procedures and terms applicable to the resources of the individual accounts of those workers who do not choose the Fund Administrator for the Retreat to operate their respective accounts.
Article 177. The employers will always be obliged to hire a new worker to apply for their social security number and the administrator's name to operate their individual account.
Workers subject to the scheme provided for in this Law must not have more than one individual account, if they have several, they will be obliged to promote the unification or transfer procedures. corresponding to the National Commission of the Savings System for the Retreat.
Workers who are subject to the scheme provided for in this Law and at the same time as provided for in other laws, or who have previously been subject to the scheme provided for in this Law, must not have more of an individual account for each regime, and its unification or transfer will be in accordance with the Law for the Coordination of Savings Systems for Retirement.
Article 178. The worker may, once in a calendar year counted from the last occasion exercising this right, request directly from the Administrative Fund for the Retreat the transfer of the resources from your individual account to another Administrator.
Article 179. When the entire worker's quota is made, the Retirement Fund Administrator will identify the part that corresponds to each worker, to the effect that information, in the terms that the Law for the Coordination of Savings Systems for the Retreat establishes, the specific applications are made to each sub-account of the individual account.
Article 180. The employer shall inform the workers, bimonthly, of the contributions made to them, without prejudice to the fact that such information is provided to the trade unions or, where appropriate, to any other representative organisation of the insured workers.
Article 181. The Retirement Fund Administrator shall inform each individual worker of an individual account, the status of the account, in terms, periodicity, and manner of effect. establish the Law for the Coordination of Savings Systems for Retirement, without prejudice to the fact that the insured person at all times has the right to request any type of information, related to his or her individual account, to the administrator.
Article 182. The documentation and other characteristics of these accounts, not provided for in this Law and in the Law of the Institute of the National Housing Fund for Workers, will be subject to the provided by the Law for the Coordination of Savings Systems for Retirement.
Article 183. The expenses incurred by the system of issuance, collection and control of contributions to individual workers ' accounts shall be covered by the Institute for the management of retirement funds, for each dispersion of resources, in terms of what is foreseen in the administrative provisions deriving from the Law of Savings Systems for Retirement.
Article 184. In the event of termination of the employment relationship, the employer must find out to the Institute the share corresponding to the two-year period in question or, where appropriate, the proportion of that share on the date on which the payment is to be made for that period.
Article 185. The worker may notify the non-compliance of the obligations of the employers, established in this chapter, to the Institute, directly to the Secretariat of Finance and Public Credit or through the National Commission of the System of Saving for the Retreat.
The Institute or the Secretariat of Finance and Public Credit will have, without distinction, the ability to practice home inspections and, where appropriate, to determine credits and the basis for their liquidation. as the update and surcharges that are generated in the terms of Articles 15 fraction V, 251 fractions XIV and XVIII, and other relative of this Law.
Article 186. The employer is responsible for the damages to be caused to the worker or to his beneficiaries, where, for lack of compliance with the obligation to register him or to notify his or her actual salary or the changes that he or she suffered, they could not the benefits provided in this Chapter shall be granted, or the benefits shall be reduced by the amount of the benefits. In this case, the Institute shall finance the respective constitutive capital in accordance with Article 79 of this Law.
Article 187. Workers holding individual accounts, and, where applicable, their beneficiaries, shall submit directly or through their trade unions or any other organization. representative, their complaints against the Administrative Funds for the Retreat or financial institutions authorized by the National Commission of the System of Savings for the Retreat, before this same Commission. The corresponding procedure before the Commission shall be subject to the provisions of the Law for the Coordination of Savings Systems for Retirement.
Article 188. The Funds Administrators for the Retreat will operate the specialized investment companies of retirement funds, these will be responsible for the investment of the resources of the the individual accounts of the employees.
Specialist retirement fund investment companies will be subject to their constitution, organization, operation, investment regime, securities types, advertising, marketing and accounting, as established by the Law for the Coordination of Savings Systems for Retirement.
The inspection and surveillance of the Funds Administrators for the Retreat and the specialized investment companies for retirement funds will be carried out by the National Savings System Commission. for the Retreat.
Article 189. Under the accumulated resources of the individual worker's account, the Retirement Fund Administrator will acquire in the name of the worker and in favor of its legal beneficiaries, in the time to grant the pension, a survival insurance, in the terms that the National Insurance and Fiance Commission determines, by hearing the National Commission of the Savings System for the Retreat, in the same percentages and conditions which for this purpose sets out Chapter V, Section 5 of this Title.
Article 190. The worker or his/her beneficiaries who acquire the right to enjoy a pension from any plan established by their employer or collective hiring derivative, which has been authorized and registered by the National Commission of the System of Savings for the Retreat, having to comply with the requirements established by it, will have the right to have the Administrative Fund for the Retreat, which operates its own account, to the resources that integrate it, placing them in the financial institution that the a worker, in order to acquire a pension in accordance with Article 157 or to deliver them in a single exhibition, when the pension for which he enjoys is greater than 30% to that guaranteed.
Article 191. During the time the worker ceases to be subject to an employment relationship, he or she will be entitled to:
I. Make contributions to your individual account, and
II. Partially withdraw from unemployment the resources of the Retirement Sub-Account, Cesantia in the Advanced Age and Old Age, starting from the 46th calendar day of the day in which he became unemployed, in the following terms:
a) If your individual account has at least three years of being open and has a minimum of twelve Bimestres of quotation to the Institute accredited in that the account may be withdrawn in an exhibition of the amount resulting in the equivalent of thirty days of his last basic salary, with a limit of ten times the general monthly minimum wage in the Federal District, or
b) If your individual account is five years or more than has been opened, you may withdraw the amount that is less than ninety days from your own base salary For the last two hundred and fifty weeks, or the eleven point five per cent of the balance of the Sub-account of Retirement, Cesantia in Advanced Age and Old Age.
The amounts referred to in this paragraph shall be delivered at a maximum of six monthly payments, the first of which may be for a period of thirty days from your the last basic salary of the worker, according to the general rules that the National Commission of the System of Savings for the Retreat has to the effect. In the event that the worker rejoins the labour market during the period of delivery of the resources, the post-reinstatement monthly allowances shall be suspended.
The worker who meets the age requirements of the account referred to in the first paragraph of this paragraph may, in any case, opt for the benefit referred to in point (a).
The right to be entered in this fraction may be exercised only by workers who credit with the corresponding statements of account, have not made withdrawals during the immediate five years prior to the date of the resource withdrawal request.
Article 192. Workers shall have at all times the right to make voluntary contributions to their individual account, either through their employer's pattern at the time of the entire quota or by themselves. In such cases, the contributions shall be deposited with the sub-account of voluntary contributions.
In addition, employers will be able to make additional contributions to the sub-account of voluntary contributions, which will be further understood as the benefits set out in the collective contracts of job.
The worker may make withdrawals from the sub-account of voluntary contributions at least once every six months, in the terms established by the Law for the Coordination of Savings Systems for the Retirement.
Article 193. The beneficiaries of the worker of an individual retirement insurance account, advanced age and old age and old age shall be those who establish fractions III to IX of Article 84, in relation to Articles 129 to 137 of this Law.
In case of death of the worker, if the legal beneficiaries are no longer entitled to pension for the invalidity and life insurance, the Administrative Fund for the respective Retreat will give them the balance of the individual account in equal parts, subject to the approval of the Institute.
The insured worker must designate substitute beneficiaries of those indicated in the previous paragraph, only and exclusively for the case that the legal beneficiaries are missing. The worker may at any time change the latter designation. This designation must be made by the Administrative Fund for the Retreat that will operate its individual account.
In the absence of legal and substitute beneficiaries, such delivery will be made in the order of precedence provided for in Article 501 of the Federal Labor Law. Any conflict must be resolved before the Federal Board of Conciliation and Arbitration.
Article 194. For the purposes of the scheduled withdrawal, an annuity shall be calculated each year which shall be equal to the result of dividing the balance of your individual account between the capital required to finance a the unit of life income for the insured person and his/her beneficiaries, and at least equal to the value corresponding to the guaranteed pension. The monthly pension shall correspond to the twelfth part of that annuity.
The tables used to calculate the lifetime income unit referred to in this article will be compiled annually by the National Insurance and Fiance Commission.
Article 195. The National Commission of the Savings System for the Retreat, taking into account technical considerations and assuring the interests of the workers, by issuing provisions Administrative mechanisms, procedures, forms and terms related to retirement insurance, advanced age and old age, as laid down in this Law and the Law for the Coordination of Savings Systems for the Retirement.
Article 196. The insured person who enjoys an old-age or old age pension, when he is returning to the compulsory scheme, shall not make the contributions referred to in the second subparagraph of the Article 25 of this Law, nor those of invalidity and life insurance.
The insured will open a new individual account, in the Fund Administrator for the Retreat that you choose according to the general rules set out in this Law. Once a year, in the same calendar month in which he acquired the right to the pension, the insured person may be transferred to the insurer who is paying the life income, the accumulated balance of his individual account, and the increase in the lifetime income or scheduled withdrawals that the latter is covering.
Article 197. The Insurers and the Administrators of Funds for the Retreat may not, under any circumstances, retain the payment of expired income or scheduled withdrawals not charged by the pensioner, whose amounts at all times will be available to you.
Article 198. The disposition to be made by the resource worker of his/her individual account for the retirement due to unemployment provided in the Article 191 (II) of this Law shall be reduced in equal proportion to the weeks of contributions made.
The aforementioned decrease will be calculated by dividing the accumulated amount of the individual account resources between the number of weeks quoted up to the time of the provision of such resources. The withdrawn amount shall be divided between the quotient resulting from the previous operation. The result will be subtracted from the listed weeks.
Workers who withdraw resources from the Retirement Sub-Account, the Early Age and Old-Age Cesantia in the terms of the provisions referred to in Article 191 II of this Law, may fully or partially reintegrate the resources that have been received in accordance with the general provisions that the National Commission of the System of Savings for the Retreat will issue with the favorable vote of the Advisory and Supervisory Committee. In this case, the weeks of contributions which have been reduced in accordance with the provisions of this Article shall be reintegrated in proportion to the resources they are reintegrating.
Article 199. The dissolution and liquidation of the Funds for Retirement Funds and specialized investment companies for retirement funds shall be subject to the applicable law, as to the administrative provisions issued by the National Commission of the Savings System for the Retreat to safeguard the rights of the insured under the terms of this Law.
Article 200. For the purposes of this section, the Law for the Coordination of Savings Systems for the Retreat will provide for the administrative provisions necessary to achieve the effective compliance with the provisions contained in this Law.
CHILDCARE AND SOCIAL BENEFITS INSURANCE
OF THE CHILDCARE INDUSTRY
Article 201. The nursery class covers the risk of not being able to provide care during the working day for children in early childhood, for women. worker, widowed or divorced worker or the person who was legally entrusted with the custody of their children by granting the benefits provided for in this chapter.
This benefit may be extended to insured persons who, by judicial decision, exercise the parental rights and custody of a child, provided that they are in force in their rights to the Institute and cannot provide care and care to the child.
The nursery service will be provided on the morning and evening shift and may have access to one of these shifts, the child of the worker whose work day night.
Article 202. These benefits should be provided by caring for and strengthening the child's health and good future development, as well as the formation of feelings of family membership and The aim is to acquire knowledge that promotes understanding, the use of reason and imagination, and to create hygienic habits and healthy coexistence and cooperation in the common effort with common goals and goals. simple way and according to their age and social reality and with absolute respect to the elements The training of family members.
Article 203. Child care services will include grooming, feeding, health care, education, and recreation of minors referred to in Article 201. They shall be provided by the Institute, in the terms of the provisions that the Technical Council shall issue to the effect.
Article 204. To grant the provision of child care services, the Institute shall establish special facilities, by areas conveniently located in relation to the workplace and room, and in the localities where the compulsory regime operates.
Article 205. Insured mothers, widowers, divorcees, or those who judicially retain custody of their children, as long as they do not remarry or join in concubinato, shall be entitled to the childcare services, during the hours of their working day, in the form and terms laid down in this Law and in the relative regulation.
The childcare service will be provided on the morning and evening shift, with access to one of these shifts, the child of the worker whose work day night.
Article 206. Child care services shall be provided to minors referred to in Article 201 from the age of forty-three days until they are four years old.
Article 207. The insured persons referred to in this Section shall be entitled to the service from the time the worker is discharged to the Institute and when they are In the case of a reduction in the compulsory scheme, the right to benefits of this insurance shall be retained for the four weeks after that discharge.
OF THE SOCIAL BENEFITS BRANCH
Article 208. Social capabilities comprise:
I. Institutional social benefits, and
II. Social solidarity benefits.
Article 209. The purpose of institutional social benefits is to promote health, prevent diseases and accidents and contribute to the general elevation of the living standards of the population.
The Institute will provide care to its right-holders through services and social benefit programs that strengthen preventive medicine and self-care. health and improve their economy and family integrity. To this end, it will strengthen coordination and consultation with institutions of the Federal, State and Municipal Public Administration or with private and social entities, which will make possible their access to preferences, prerogatives and services that contribute to their well-being.
The Institute shall also establish and develop programmes and services for right-holders in terms of the financial availability of the resources allocated to them. to social benefits of this insurance.
Article 210. Institutional social capabilities will be provided through programs of:
I. Promotion of health, disseminating the necessary knowledge through direct courses, conferences and campaigns of well-being, culture and sport, and the use of mass media;
II. Hygiene, maternal, health and first aid education; prevention of diseases and accidents;
III. Improving the quality of life through strategies that ensure healthy habits and lifestyles, that promote gender equity, develop individual creativity and potential, and strengthen cohesion family and social;
IV. Impulse and development of cultural and sports activities, recreational and physical culture and in general, of all those who have a better occupation of free time;
V. Promotion of the regularisation of the civil state;
VI. Courses of technical training and training for the job, in order to encourage the participation of the population in the labor market, to achieve the overcoming of the level of income to the trained and to contribute to the satisfaction of the needs of the productive plant. Such courses may be subject to official validation;
VII. Holiday Centers;
VIII. Superation of life in the home, through a proper use of economic resources, best practices of coexistence and,
IX. Establishment and administration of sailings, as well as other similar services.
Article 210 A. The Institute will be able to offer its sports, social, cultural, recreational and leisure facilities to the general population, whether or not in cooperation with institutions in the public or social sectors, establishing in all cases the corresponding cost recovery quotas, in order to generate resources to support the financing of their operation and maintenance and working with society in general to promote this type of activities. The amount and destination of the resources to be obtained in accordance with the provisions of this paragraph shall be reported to the Congress of the Union and to the Federal Executive through the Secretariat of Finance and Public Credit.
The right holders will have preferential conditions in the payment of the recovery fees indicated in the terms that the Institute establishes.
OF THE FINANCIAL SYSTEM
Article 211. The amount of the premium for this insurance will be one percent on the basis salary. For social benefits only up to twenty percent of this amount can be used.
Article 212. The employers will fully cover the premium for the financing of the benefits of this chapter, regardless of whether or not they have workers in the article mentioned in the article. 201 to your service.
Article 213. The Institute may conclude quota reversal or service subrogation conventions, with employers having child-care facilities in their businesses or establishments, when they meet the requirements set out in the relevant provisions.
OF SOCIAL SOLIDARITY BENEFITS
Article 214. Social solidarity benefits or services include community health actions, medical, pharmaceutical and even hospital care, in the form and terms established in Articles 215 to 217 of this Law.
Article 215. The Institute will organize, establish and operate medical units intended for social solidarity services, which will be provided exclusively in favor of the The population of the country's own development stage, which constitute poles of deep rural, suburban and urban marginalization, and which the Federal Executive Branch determines as subjects of social solidarity.
The Institute has the power to dictate the bases and instructions to which these services will be subject, but in any case, it will coordinate with the Health Secretariat and other health and safety institutions. social.
Article 216. The Institute shall provide the necessary support to the social solidarity services that this Law attributes to it, without prejudice to the effective granting of the benefits to which they are entitled workers and other beneficiaries of the compulsory scheme.
Article 216 A. The Institute shall address the non-deceitful population in the following cases:
I. In situations of national, regional or local emergency or, in the event of accidents or natural disasters;
II. Dealing with vaccination, health care or promotion campaigns, and
III. In support of programs to combat marginalization and poverty, when required by the Federal Executive.
For the effects of the fraction I, the Federal Executive, through the Secretariat of Finance and Public Credit will provide the financial resources corresponding to the Institute in accordance with applicable provisions.
For what it does to the assumptions referred to in part II, in accordance with the budgetary forecasts and in the terms of the provisions that the effect will issue Federal Executive, the Secretariat of Finance and Public Credit will provide the necessary financial resources to compensate the Institute for the expenses it incurs.
Dealing with the programs referred to in fraction III, will be subject to the rules applicable to federal subsidies.
In all cases the Institute will carry out the specific accounting and separately from the general accounting.
Article 217. Social solidarity benefits will be funded by the Federation and the beneficiaries themselves.
The beneficiaries of these services will contribute in cash or with the realization of personal work of benefit for the communities in which they live and that they will reach the level economic development necessary to become subject to insurance in the terms of this Law.
OF VOLUNTARY CONTINUATION IN THE COMPULSORY SCHEME
Article 218. The insured with a minimum of fifty-two weekly contributions credited to the mandatory regime, in the last five years, upon being given (a) the right to continue voluntarily in the same, and may continue in the joint insurance and life insurance as well as retirement, old age and old age, and must be registered with the last salary or higher than the one he had at the time of the discharge. The insured person shall cover the fees corresponding to the advance payment and shall be listed as follows:
a) With regard to retirement insurance, advanced age and old age, the insured will cover for the first class, the whole of the quota and the other two classes will cover the the amount of the employer's labour quotas, the State being required to provide the party that corresponds to this Law, including the social quota, and
b) In the invalidity and life insurance the insured shall cover the employer's and the State's share of the worker's share according to the percentages indicated in this Law.
Additionally, the insured must cover the fees that would correspond to the employer and the worker, as set out in the second paragraph of Article 25 of this Law.
Article 219. The right set out in the previous article is lost if it is not exercised by written application within a period of five years from the low date.
Article 220. The voluntary continuation of the mandatory regime ends with:
I. Statement signed by the insured;
II. Stop paying the fees for two months, and
III. To be discharged back into the mandatory regime, in the terms of Article 12 of this Law.
The insured may apply in writing for reentry into the compulsory social insurance scheme through voluntary continuation, when it has caused a reduction in social security. non-payment of the quotas for two consecutive months. The application shall be made within 12 months of the date of its withdrawal from the voluntary continuation.
Article 221. The conservation of rights is governed by the provisions of the relative chapters of the mandatory regime.
OF VOLUNTARY INCORPORATION INTO THE MANDATORY REGIME
Article 222. The voluntary incorporation of the subjects referred to in this Chapter shall be made by agreement and shall be subject to the following modalities:
I. You may be made individually or as a group upon request, in writing, by the subject or subjects concerned. In the case of collective incorporation, each of the insured persons shall be responsible for their obligations vis-à-vis the Institute;
II. The assurance scheme, for the subjects that this chapter points out, comprises:
(a) For the subjects referred to in Article 13 (I) and (III) of this Law, benefits in kind from sickness and maternity insurance and the corresponding benefits of invalidity and life insurance, as well as retirement and old age, in the terms of the respective chapters;
b) For the subjects referred to in Article 13 (II) of this Law, benefits in kind from the insurance of occupational and maternity and occupational risks for the insurance of invalidity and life, as well as of retirement, old age and old age, in the terms of the respective chapters;
c) For the subjects referred to in Article 13 (IV) of this Law, the benefits of the work risk insurance, the benefits in kind from the insurance of sickness and maternity and the corresponding insurance and life insurance, as well as retirement and old age, in the terms of the respective chapters;
d) For the subjects referred to in Article 13 (V) of this Law, the benefits of work risk insurance, benefits in kind from insurance sickness and maternity insurance and the corresponding invalidity and life insurance, as well as retirement, old age and old age, in the terms of the respective chapters, and
At the request of the public entities, the insurance scheme may comprise only the benefits in a kind of joint insurance for occupational risks and diseases and maternity, provided that such entities have a pension system established for their employees, and
e) In case of death of the insured, the provisions of Article 104 of this Law will be provided.
Article 223. Accepted the incorporation, the provisions of the mandatory regime, with the provisos and modalities established by this Law, will apply.
Only the quality of the insured will be lost if the characteristics that originated the assurance are no longer in place.
Article 224. The insurance subjects included in this chapter will be quoted by forward annuities.
The Institute, in consideration of the characteristics of economic order and organization of the applicant groups, as well as the subjects they hire individually, may authorise a different periodicity in the payment of the fees, in which case the Institute shall suspend the grant of the related benefits where one of the agreed allowances is no longer covered.
The provisions of the foregoing paragraphs shall not be applicable in the case of the insurance of the subjects referred to in Article 13 of this Law in respect of the The provisions laid down for the subjects referred to in Article 12 (I) shall apply.
Article 225. When acts are carried out to determine the incorporation of the insurance subjects in this chapter and when the relative registration periods are opened, the Institute may establish time-limits for the enjoyment of benefits in kind for sickness and maternity insurance.
Article 226. No voluntary insurance shall be carried out, where the financial balance of the Institute or the effectiveness of the services provided by the Institute may be compromised in a foreseeable manner. insured under the compulsory scheme.
Article 227. The employer's employer dues for the subjects of this chapter will be covered based on:
I. A minimum wage of the Federal District in force at the time of incorporation, or of the annual renewal, for the subjects referred to in Section I, III and IV of Article 13 of this Law, and
II. According to the actual salary integrated according to Article 27 of this order, for the subjects referred to in fractions II and V of the article 13 of this Act.
The bases of the above fractions will be applicable, for all insurance that includes insurance in each case, with the exception of sickness and maternity insurance, in respect of which it will be to the provisions of Article 106 of this Law.
The Technical Council of the Institute before the competent authorities, will provide what is necessary for them to promote to the Congress of the Union the revision of these bases of quotation, in order to promote maintain or restore, where appropriate, the financial balance of these insurances.
Article 228. For the quotation bases mentioned in the previous article, the financing premiums provided for in this Law will be applied to them and correspond to the insurance premiums that, in each case, understand the protection scheme, reducing the proportional share of the benefits that are excluded.
The quota so determined will be covered as follows:
I. For the subjects referred to in Sections II and V of Article 13, according to the provisions of Article 12 of this Law, and
II. For the subjects referred to in Section I, III and IV of Article 13 of this Law, it will be up to them to cover the worker-employer quota in full, contributing the State as appropriate to each insurance industry, according to the provided in this Law, including the social quota.
Article 229. In the case of the subjects referred to in Article 13 (I) and (III) of this Law, the Institute may agree to the insurance subjects, with undertakings, credit institutions or public or private entities, with which they have commercial or legal relations arising from their activity, which those entities are those which retain and enter into the shares and, if appropriate, their legal accessories, cases in the which are jointly and severally liable.
Article 230. The subjects referred to in Article 13 of this Law may manage and obtain that a third party, natural or moral person, is obliged to the Institute to contribute all or part of the Fees to be charged.
Article 231. The voluntary addition to the mandatory regime ends:
I. For the subjects referred to in Section I, III, IV, and V of Article 13 of this Act by:
a) The express declaration signed by the policyholder or group of policyholders, and
b) Do not pay the fee;
II. For the subjects referred to in Article 13 (II) of this Law, when the employment relationship that gave rise to it is terminated and this circumstance is communicated to the Institute.
Article 232. For the incorporation of persons who provide services to agencies or entities of the Federal Public Administration, the prior compliance of the Secretariat of Finance and Public Credit.
In the case of public or municipal government agencies or agencies, the authorization of the local congress or the city council must be approved. in respect of the fulfilment of its obligations to the Institute, its shares in the federal revenue collection corresponding to the state or municipality in question shall be guaranteed as collateral.
Article 233. The employer's labor quotas that are generated by the incorporation of the workers of the agencies and entities in the service of the State or municipal public administrations may be paid out of subsidies, transfers or contributions in federal income to the states and municipalities in the terms of the applicable provisions.
SOCIAL SECURITY IN THE FIELD
Article 234. Social security extends to the Mexican countryside, in the terms and forms set forth in this Law and the respective regulations.
Article 235. Women and men in the field who have the character of independent workers, with respect to those who do not mediate any relationship of labor subordination, the ejidatarios, Community members, settlers and small owners, as well as the ejidos and other higher forms of organization, will be able to access social security in the form and terms indicated in Article 13, through the agreement of voluntary incorporation into the compulsory, or by means of health insurance for the family established in the Article 240 of this Act.
Article 236. Those producers of the field who are incorporated by the Presidential Decree on social security may be affiliated with the Social Security System of those provided for in the This Law, which is more convenient to its production and income conditions. In the case of cane, tobacco and other specialized production branches, they shall be incorporated with the corresponding modalities, in accordance with the provisions of Section III of Article 12 of this Law.
Article 237. Employees, casual and permanent in field activities, are understood in Article 12, fraction I, of this Law and will access social security in terms and forms which it establishes, in accordance with the arrangements which, for the purpose, lay down the relevant regulations.
Article 237-A.- In those places where the Institute does not have facilities, in the opinion of the Institute itself, to provide the health services it has (a) the Commission may conclude agreements with the employers of the field in order to give their workers the benefits in kind provided for the Insurance of Diseases and Maternity referred to in Section II, Chapter IV of the Title 2 of this Law, relating to medical and hospital services, It may be agreed that part of the employer's share of the employer's share will be reversed in proportion to the nature and amount of the services awarded, through a programmed scheme of reimbursements, in terms of the rules of character general for such an effect to be issued by the Technical Council.
Also, in those places where the Institute does not have facilities, in the opinion of the Institute itself, to provide the services of the (a) the Commission may conclude agreements with the employers of the field and any organizations of temporary workers in the field for the subrogation of the services provided for in the Master's of the Guarantee Section referred to in Section 1, Chapter VII, of the Title Second, of this Law, in the terms that establish the rules of character general for such an effect to be issued by the Technical Council.
In any case, the employers of the field and the organizations referred to in this Article shall be obliged to provide the Institute with the reports and statistics which it (a) to be required and subject to the instructions, technical standards, inspections and surveillance prescribed by the Institute itself, in the terms of the general rules governing medical and childcare services issued by the Council; Technical.
Article 237-B.- The field patterns will have the inherent obligations set forth in this Law and their regulations, additionally, must comply with the next:
I. When registering with the Institute, they shall provide the period and type of crop, surface or production unit, estimate of days to be used in each period and other data required by the Institute. For the case of patterns with livestock activities, they must provide information on the type of livestock and the number of heads they possess. The modification of any of the data provided shall be communicated to the Institute within a period not exceeding 30 calendar days from the date on which they occur;
II. They will communicate high, low and reincome of their workers as well as the modifications of their salary and other data, in the terms of the regulations corresponding, within periods not longer than seven working days, and
III. They will issue and deliver, on record the days worked and total wages accrued, according to what the respective regulations will establish.
Article 237-C.- Field patterns may exclude, regardless of what is set out in Article 27 of this Act as an integral part of the base salary In view of their nature, the additional payments they make for productivity, up to twenty per cent of the basic contribution salary, in accordance with the provisions of Article 29, Section III of this Law. In order to ensure that the productivity concept referred to in this Article is excluded as an integral part of the basic contribution salary, it must be duly registered in the accounting of the employer.
Where appropriate, they shall cover the part of the employer's share quota which corresponds to them in conjunction with the respective update, in a deferred form or in instalments, without the generation of surcharges, in accordance with the general rules issued by the Technical Council, taking into account the existence of seasonal cycles in the flow of resources in certain branches of agricultural production.
Article 237-D.- The Institute will be able to verify that the field patterns are current in compliance with the obligations to their charge derived from this Law, prior to the granting of subsidies, support or benefits, derived from the Federation's Government Budget, which these rural employers request from the Federal Government, through the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food.
For such purposes, without prejudice to the exercise of the powers of verification which correspond to the Institute as an autonomous fiscal body, the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, shall provide the Institute with the standard of field patterns which are subject to the provisions contained in this Chapter. agricultural, livestock, forestry and mixed sectors, identifying those subjects to receive subsidies, support, or benefits derived from the Federation's Government Budget.
At the request of the Institute, and in accordance with the agreement signed with the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food for this purpose, it is He will suspend the delivery of subsidies, support, or benefits that, from his budget, will come from the Federation's Government Budget, to rural employers who do not comply with the social security provisions laid down in the this Act.
Article 238. The indigenous, seasonal farmers of areas of high marginality and all those peasant families, whose economic condition is found in extreme poverty, will have access to the social solidarity benefits, in the form and terms laid down in Articles 214 to 217 of this Law.
Article 239. Access to the social security of the subjects referred to in this Chapter may be supported by the third party provided for in Article 230 of this Law. In any case, they will be able to access health insurance for the family regulated by this system.
OF THE VOLUNTARY SCHEME
HEALTH INSURANCE FOR THE FAMILY
Article 240. All families in Mexico have the right to health insurance for their members and to that effect, they will be able to celebrate with the Mexican Social Security Institute convention for the granting of benefits in kind from sickness and maternity insurance, in the terms of the respective regulation.
Article 241. The persons covered by the family health insurance are those referred to in Article 84 of this Law and shall be subject to the requirements that are indicate in the same.
(Second paragraph is repealed).
Article 242.- All subjects who voluntarily join health insurance for the family, including the family members referred to in the previous article and any additional family members shall pay the corresponding set fee annually, by qualifying for the age group to which they belong.
The Technical Board may determine annually the amount of the fees to be applied, subject to the carrying out of the relevant actuarial analyses and studies, without detriment of the principle of social solidarity.
The State shall contribute in accordance with the provisions of section III of Article 106 of this Law by family, regardless of the size of the family.
Article 243. The Institute may also hold such conventions, individually or collectively, with Mexican workers who are working abroad, so that they can protect their family members in the national territory and themselves when they are located in the national territory. These policyholders will fully cover the premium set out in the previous article.
Article 244. Family health insurance will be organized in special section, with separate accounting and administration of funds corresponding to the required insurance, in the consolidated figures.
Article 245. The Institute shall draw up a financial and actuarial report on health insurance for the family, in the terms and time limits set for the formulation of the insurance mandatory.
OF ADDITIONAL INSURANCE
Article 246. The Institute may contract additional insurance to satisfy the economic benefits agreed in the Law or the collective labour contracts that are higher than the those of the same nature as the compulsory social security scheme.
Article 247. The above conditions of the agreed benefits on which the conventions may be based, are: increases in amounts; decrease of the minimum age for their enjoyment; The average salary changes in the calculation and in general all those that are translated into coverage and benefits higher than the legal ones or in better conditions of enjoyment of the same.
The economic benefits referred to in this Article shall correspond to the classes of insurance at risk of work and invalidity and life as well as retirement, old age and old age.
Article 248. The premium, fee, periods of payment and other modalities in the hiring of additional insurance, shall be agreed by the Institute based on the characteristics of the risks and the protected benefits as well as the actuarial valuations of the relevant contracts.
Article 249. The basis for the hiring of the additional insurance will be reviewed each time the benefits are modified by the employment contracts, if they can affect the aforementioned bases, the purpose of the Institute with support in the actuarial valuation of the modifications, to fix the amount of the new premiums and other relevant modalities.
Article 250. Additional insurance will be organized in special section, with separate accounting and administration of funds from the corresponding insurance.
Article 250 A. The Institute, subject to the agreement of its Technical Council, may provide insurance cover for life and other insurance, exclusively in favour of persons, groups or population centres of lower income, determined by the Federal Government, as subjects of social solidarity with the sums insured, and conditions which the latter establishes.
Likewise, the Institute will be able to use its infrastructure and services, at the request of the Federal Government, in support of its technical combat the marginalization and poverty considered in the Federation's Government Budget. For the purposes of this Article, the Federal Government shall provide the Institute with the necessary financial resources in a timely manner from the appropriate programme and departure for the services entrusted to it.
Article 250 B. For the purposes of the foregoing Article, the Federal Government shall grant the Institute the subsidies and transfers corresponding to the amount of premiums relating to such insurance and other hedges.
FROM THE MEXICAN INSTITUTE OF SOCIAL SECURITY
OF THE PRIVILEGES, ASSETS AND ORGANS OF GOVERNMENT AND ADMINISTRATION
Article 251. The Mexican Social Security Institute has the following powers and powers:
I. Administer insurance against occupational risks, diseases and maternity, disability and life, childcare and social benefits, family health, additional and others, as well as providing the services of collective benefit which it points out Law;
II. Meet the benefits set forth in this Act;
III. Investing your funds in accordance with the provisions of this Act;
IV. In general, perform all kinds of legal acts necessary to accomplish their purposes, as well as those that are necessary for the management of institutional finances;
V. Acquire movable and immovable property, for purposes that are its own;
VI. Establish medical units, child care centers, pharmacies, care facilities, as well as training centers, sports, cultural, vacation, social security for family welfare and other establishments for the fulfillment of the purposes for which they are of their own, without being subject to conditions other than health conditions, which shall lay down the respective laws and regulations for private undertakings, with similar activities;
VII. Organize your administrative units, according to the authorized organic structure;
VIII. Issue general compliance guidelines for the application for administrative purposes of this Act;
IX. Spread knowledge and social security and forecasting practices;
X. (i) to register employers and other obliged persons, to register employees and to specify their basis of contribution, even without the management of the persons concerned and the independent workers of their application, without having to release them; the obligation of the liability and the penalties for infringements in which they were incurred;
XI. Give the employers, subject and insured persons, under the compulsory regime, verified by the Institute the disappearance or absence of the alleged fact that gave rise to their insurance, even if the employer or subject have omitted to present the respective discharge notice, without prejudice to the penalties provided for in this Act;
XII. Collect and collect insurance contributions for occupational risks, diseases and maternity, invalidity and life, childcare and social benefits, family health and additional, the capital of incorporation, as well as its accessories (i) the legal system, the other resources of the Institute, and the carrying out of payment adjustment programmes. Similarly, collect and collect fees and their legal accessories from retirement insurance, advanced age and old age;
XIII. Establish procedures for enrollment, collection of fees, and grant of benefits;
XIV. Determine the credits in favor of the Institute and the bases for the settlement of quotas and surcharges, as well as their accessories and fix them in quantity liquid, collect and collect them, in accordance with this Law and other applicable provisions.
Settlement of retirement insurance fees, advanced age and old age will be able to be issued and reported in conjunction with the settlement of the contributions and discounts corresponding to the National Housing Fund by the staff of the Institute of the National Housing Fund for Workers, prior to the coordination agreement with the Institute;
XV. Determine the existence, content, and scope of the obligations that are violated by the employers and other subjects required by the terms of this Law, applying, where appropriate, the data with which they have or with support in the facts that they know with reason for the exercise of the powers of verification that it enjoys as a tax authority or through the files or documents provided by other tax authorities;
XVI. Ratify or rectify the class and the risk premium of the companies for the purposes of the coverage of the work risk insurance quotas;
XVII. Determine and make cash the amount of the capital of incorporation in the terms of this Law;
XVIII. Order and practice home visits with staff to designate and require the display of books and documents in order to check compliance with the obligations set out in the Law and other applicable provisions;
XIX. To order and practice the corresponding investigations in the cases of employer substitution and solidarity responsibility provided for in this Law and in the Code, and to issue the respective opinions;
XX. Establish coordination with the agencies and entities of the Federal, State and Municipal Public Administrations for the fulfillment of their objectives;
XXI. Review the opinions delivered by public accountants on compliance with the provisions contained in this Law and its regulations, as well as impose on those public accountants, where appropriate, the administrative penalties established in the respective regulations;
XXII. Make investments in companies and companies that have a complementary or a complementary social object to the Institute itself;
XXIII. To conclude coordination agreements with the Federation, federative entities, municipalities and their respective public administrations, as well as collaboration with the social and private sector, for the exchange of information related to the compliance with its objectives, as provided for in this Law;
XXIV. To promote and promote the realization of research in health and social security, using it as a tool for the generation of new knowledge, for the improvement of the quality of the care that is granted and for the formation and training of staff;
XXV. Apply the administrative enforcement procedure for the collection of settlements that have not been covered in a timely manner, subject to the rules of the Code and other applicable provisions;
XXVI. Issuing and notifying the staff of the Institute, the identification cards for the retirement insurance contributions, the old age and old age, together with the settlement of the contributions and discounts corresponding to the fund national housing, prior to the coordination agreement with the Institute of the National Housing Fund for Workers, in magnetic, digital, electronic or any other type of devices, or in printed document;
XXVII. Make effective the sureties that are awarded in your favor to guarantee tax obligations in charge of third parties, where it will be exclusively to the provisions of the Code;
XXVIII. Rectify the arithmetic errors, omissions, or other errors that appear in the requests, notices, or identification cards presented by the employers, for which they may require the submission of the documentation that comes from them.
The Institute may also require employers, severals or third parties with them related, without a home visit, to display in the offices of the Institute itself, in order to carry out its review, the accounting, as well as to provide the data, other documents or reports that are required;
XXIX. Authorize the registration of public accountants, to rule on compliance with the provisions contained in this Law and to check that they comply with the requirements of the respective regulations;
XXX. Approve the rules and bases to cancel debits in charge of third parties and in favor of the Institute, when it is notorious the practical impossibility of its collection or the incosteability of the same. The cancellation of these credits does not free the debtor from its payment obligation;
XXXI. To conclude agreements with foreign entities or institutions for technical assistance, exchange of information related to the fulfillment of their objectives and the attention of the right-holders, under the principle of reciprocity, with the restrictions agreed in the conventions that the effect is signed, which will invariably have a non-disclosure and non-disclosure clause;
XXXII. To conclude cooperation and exchange agreements on preventive medicine, medical care, hospital management and care and rehabilitation of any level with other institutions of social security or health of the public sectors federal, state or municipal or social sector;
XXXIII. To conclude agreements for the recognition of debits and payment facilities, relating to employer's dues, capital of incorporation, updating, surcharges and fines; approve the change of guarantee of such agreements, and the cancellation of compliance with the applicable provisions, of tax credits in favour of the Institute and in charge of non-located or insolvent patterns according to the amounts authorised by the Technical Council of the Institute;
XXXIV. To process and, where appropriate, to resolve the application of the non-conformity referred to in Article 294 of this Law, as well as the resources provided for in the Code, in respect of the administrative procedure of execution;
XXXV. Declare the prescription of the employer's obligation to find out the employer's and the capital of incorporation, at the request of the employers and other obliged subjects, in the terms of the Code;
XXXVI. Provide services to those who are not entitled to them, for consideration, in order to make efficient use of their installed capacity and contribute to the financing of their operation and maintenance, provided that this does not represent an impairment in the quality and warmth of the service to be provided to its right-holders, and
XXXVII. The others who grant you this Law, your regulations and any other applicable provisions.
Article 251 A. The Institute, in order to achieve greater efficiency in the administration of Social Security and in the office of the affairs of its competence, will count with administrative operation bodies, as well as with collegiate bodies composed of representatives of the workers ', employers' and government sectors, whose powers, dependence and territorial scope will be determined in The Institute's Rules of Procedure.
Article 252. Federal and local authorities shall provide the assistance that the Institute requests for the best performance of their duties.
The Institute will have access to all kinds of statistical, census and fiscal material and, in general, to obtain from the public offices any data or report deemed necessary, if there is no prohibition legal.
Article 253. The Institute's heritage is:
I. The movable and immovable property of any kind, with the exception of those arising from the award of, or in payment of, the payment of employer's contributions, capital and accessories, as well as any other expressly affect the reserves that the Institute is required to constitute in terms of this Law;
II. The rights of ownership and possession of movable and immovable property, whatever their legal nature, which is, for a fair degree, held by the Institute;
III. The rights of any nature that the Institute obtains or can obtain;
IV. The donations, inheritances, legacies, awards, subsidies and transfers that are made in their favor in which the destination of the corresponding goods or rights is not established;
V. Interest, dividends, performance of assets, rentals, income, income, profits, fruits and products of any kind, that generate the goods and rights affected by their assets, and
VI. Any other income that you would like to tell you about the laws and regulations.
All immovable property which forms part of the Institute's assets shall be for the national public service of the Social Security referred to in the Article 4. of this Law and will have the character of the goods of the public domain of the Federation.
Article 254. The Mexican Social Security Institute, its dependencies and services, will not be subject to federal, state and municipal contributions. The Federation, the States, the Federal District Government and the Municipalities, may not tax their capital, income, income, contracts, legal acts, securities, documents, transactions or books of accounts, even if the contributions, in accordance with a general or special law, be carried out by the Institute as a public body or as a patron. In these cases, indirect taxes and postal postage are considered to be included. The Institute and other entities which form or depend on it shall be subject only to the payment of the rights of a municipal nature which cause their buildings on the grounds of pavements, sunsets and cleans, as well as the drinking water available to them, under the same conditions as the other causes must be paid. They shall also be subject to the federal rights relating to the provision of public services.
Article 255. The Mexican Social Security Institute is considered to be an accredited credit institution and will not be required, therefore, to constitute legal deposits or bonds, or even in the case of the trial of amparo The goods of the Institute concerned with the direct provision of its services shall be inembargable.
Article 256. The relations between the Institute and its employees shall be governed by the provisions of Article 123 (A) of the Constitution, the Federal Law of Labor and in the case of workers classified as "A" in the collective labor contract, will be within the provisions of the Institute's Rules of Procedure, which, on a proposal from the Technical Council, will be issued by the Federal Executive and the Statute referred to in Article 286 of this Law.
Article 257. The higher organs of the Institute are:
I. The General Assembly;
II. The Technical Council;
III. The Surveillance Commission, and
IV. The General Address.
OF THE GENERAL ASSEMBLY
Article 258. The Supreme Authority of the Institute is the General Assembly, composed of thirty members who will be appointed as follows:
I. Ten by the Federal Executive;
II. Ten by employers ' organizations, and
III. Ten by worker organizations.
These members will last for six years, and can be re-elected.
Article 259. The Federal Executive will establish the basis for determining the workers 'and employers' organizations to intervene in the appointment of the members of the General Assembly.
Article 260. The General Assembly shall be chaired by the Director General and shall be held in an ordinary one or two-fold-a-year and, as many occasions as necessary, in accordance with what the relative regulation provides for.
Article 261. The General Assembly shall discuss annually, for approval or modification, the statement of revenue and expenditure, the balance sheet, the financial and actuarial report, the report of the activities presented by the Director General, the programme of activities and the revenue and expenditure budget for the following year, as well as the report of the Supervisory Commission.
Article 262. The sufficiency of resources for each and every insurance of occupational risks, diseases and maternity, invalidity and life, and social and health care and benefits for the family and additional, it must be examined annually when the financial and actuarial report is carried out.
If the actuarial balance sheet is in surplus, it will be used to constitute an emergency fund up to the maximum of fifty percent of the respective annual income. After reaching this limit, the surplus shall be applied, in accordance with the decision of the General Assembly in this respect, to improve the benefits of insurance in this case.
FROM THE TECHNICAL COUNCIL
Article 263. The Technical Council is the governing body, legal representative and administrator of the Institute and will be composed of up to twelve members, with four of them appointed to the representatives of the General Assembly, four of the workers ' representatives, and four representatives of the State, with their respective alternates and the Federal Executive, when it considers it appropriate, will be able to reduce by half the state representation.
The Secretary of Finance and Public Credit, the Secretary of Health, the Secretary of Labor and Social Welfare and the Director General, will be State Council members, without prejudice to the provisions of the preceding paragraph. The Director-General shall always chair the Technical Council.
When the Technical Council is to be renewed, the representative sectors of the State, employers and workers will propose owners and alternates for the positions of Counselor. The designation shall be made by the General Assembly in terms of the respective regulations.
Councillors so elected will last for six years, being able to be re-elected.
The designation shall be revocable, provided that it is requested by the members of the sector who have proposed to the Counsellor concerned or for reasons justified for this purpose. In any event, the final agreement is for the General Assembly, which will decide how to conduct it in the terms of the regulation, by means of procedures in which it is heard in defense of the Counselor whose removal is requested.
Employers 'and employees' representatives, will receive the emoluments and benefits that will be determined by the representatives of the state, to the proposal from the Director-General, without giving them the status of workers, insured persons, persons entitled to the Institute or any other additional rights.
Members of the Technical Council shall refrain from promoting or participating directly or indirectly, in a personal capacity, in the attention of requests, approaches or resources which employers or rightholders bring to the Institute. The Technical Council shall issue guidelines on which its members may exercise functions of representation and management before the Institute, in respect of the sectors and organizations to which they represent, in order to avoid conflicts of interest.
The provisions of the two preceding paragraphs shall also apply to the members of the Surveillance Commission referred to in Chapter IV of Title IV of the Law, as well as any tripartite body already integrated or integrated into the future at the Institute.
Article 264. The Technical Council will have the following attributions;
I. Decide on the investments of the Institute's reserves and other resources, subject to the provisions of this Law and its regulations, except for from retirement insurance, advanced age and old age;
II. To monitor and promote the financial balance of all insurance classes included in this Law;
III. Resolving on the operations of the Institute, except those that for its importance merit express agreement of the General Assembly, compliance with what is determined by this Law and the regulation;
IV. Approve the basic organic structure of the Institute, in order to propose to the Federal Executive for its consideration in the Rules of Procedure of the Institute, that to the effect issue, as well as the corresponding occupational structure and its changes, salary levels, performance and performance stimuli of the trusted workers referred to in Article 256 of this Law, which shall be determined in accordance with the tabs that the Secretariat of the Secretariat of Finance and Public Credit, without prejudice to the rights of basic workers, in accordance with a system of valuation of posts;
V. Convening an ordinary or extraordinary General Assembly;
VI. Discuss and approve the Institute's draft revenue and expenditure budget to be considered by the Director-General, as well as to authorize adjustments to the approved budget;
VII. Authorize the conclusion of agreements on the payment of quotas, which may delegate this power, to the administrative units specified in the Rules of Procedure, and to issue the general provisions on the reversal of quotas. for the insurance expressly provided for in this Law and those relating to the indirect provision of services;
VIII. Conceding, rejecting and modifying pensions, which under this Law is the responsibility of the Institute, and may delegate these powers to the competent dependencies;
IX. Name and remove the trusted workers referred to in Article 256 of this Law, who occupy the immediate hierarchical level below the Director General of the Institute;
X. Approve the basis for the conclusion of voluntary incorporation agreements into the mandatory regime;
XI. Discuss, and where appropriate, approve the program of activities to be considered by the Director General;
XII. Approve the basis for the establishment, organization and operation of a system of professionalization and development of workers classified as "A" in the collective labor contract.
Also, establish, if appropriate, in agreement with the workers ' union the terms in that such a system may be extended to workers classified as basic and trusted "B" in the collective contract of employment and to the application of the regulations derived therefrom.
XIII. Conceding to rights under the regime, in exceptional cases and prior to the respective socio-economic study, the enjoyment of medical and the economic conditions provided for by this Law, where there is no legal requirement and the granting of the benefit is clearly fair or equitable;
XIV. To know and to resolve on its own initiative or at the request of the Director General, those matters which because of their importance, transcendence or special characteristics so merit;
XV. Establish the conditions of insurance and listing of those groups of workers who for their professional activities, the nature of their work, their special conditions of time and place or the nature of their processes In order to make them equitable, respecting the elements of subject, object, base, quota, financing premiums and time of payment of the quotas, according to the established in this Law;
XVI. Issuing bases to extend, until twenty-five years of age, the rights to benefits in kind from sickness and maternity insurance, which will be granted within the national territory, to the children of Mexican workers insured persons who work abroad and who are studying outside the country in educational facilities comparable to those of the national education system, and
XVII. The others that point to this Law and its regulations.
OF THE MONITORING COMMISSION
Article 265. The General Assembly shall appoint the Surveillance Commission to be composed of six members. To form this Commission each of the representative sectors that constitute the Assembly, will propose two owners and two alternates, who will last in their posts six years, and will be able to be re-elected. The choice can be made in people who are not part of those sectors. At least one of the members appointed by the Federal Executive shall be assigned to the Secretariat of the Civil Service. The Federal Executive, when it considers it appropriate, will be able to halve the state representation. The designation shall be revocable, provided that it is requested by the members of the sector which has proposed to the representative concerned or by reason of justified reasons. In any event, the final agreement shall be the responsibility of the General Assembly, which shall decide to do so by means of a procedure in which it is heard in defence of the member whose removal is requested, in terms of the provisions of the Rules of Procedure.
Article 266. The Surveillance Commission will have the following attributions:
I. Watch that investments are made in accordance with the provisions of this Law and its regulations;
II. Practice the audit of the balance sheets and the financial and actuarial report referred to in Article 261 of this Law, as well as check the data of the Institute's operations material;
III. Suggest the General Assembly, the Technical Council, and the National Commission of the Savings System for the Withdrawal, if any, the measures it deems appropriate to improve the functioning of insurance that is covered by this Act;
IV. To present to the General Assembly an opinion on the report of activities and financial statements submitted by the Technical Council, for whose effect they will be given to him with due opportunity;
V. In severe cases and under your responsibility, quote Extraordinary General Assembly, and
VI. The others that point out the provisions of this Law and its regulations.
OF THE GENERAL ADDRESS
Article 267.- The Director General shall be appointed by the President of the Republic and must be a Mexican by birth who does not acquire another nationality and be in full enjoyment and exercise of their civil and political rights.
Article 268. The Director General will have the following attributions:
I. Chair the sessions of the General Assembly and the Technical Council;
II. Run the Council's own agreements;
III. Represent the Institute legally, with all the powers that correspond to the general governors for lawsuits and charges, acts of administration and dominion, and the special ones that require special clause according to the Civil Code Federal or any other law, as well as to all authorities.
IV. Submit the activities report annually to the Council, as well as the work schedule and the revenue and expenditure budget for the next period;
V. Present annually to the Technical Board the accounting balance and the statement of revenue and expenditure;
VI. Submit the Financial and Actuarial Report to the Technical Council annually;
VII. Propose to the Council the appointment or dismissal of the trusted workers mentioned in Article 264 (IX;
VIII. Appoint and remove the trusted workers referred to in Article 256 of this Law, which may be delegated to the terms of the Institute's Rules of Procedure, which shall indicate the administrative units of the same and its geographical area.
In any case the trusted workers to which this fraction refers and the previous one must have the capacity, experience and other requirements to be determined in the Staff Regulations referred to in Article 286 of this Law;
IX. Perform all kinds of legal acts necessary to comply with the purposes of the Institute, and
X. Exercise the functions of the budget, in accordance with the provisions of this Law;
XI. Present annually to the Federal Executive and the Congress of the Union the reports referred to in this Law, and
XII. The others that point out the provisions of this Law and its regulations.
Article 268 A. The Director General shall be assisted in the performance of his duties by the public servants of command, base and trust personnel who are establish in the Institute's Rules of Procedure that, on a proposal from the Technical Council, the Federal Executive will issue a statement considering what the effect is stipulated in the collective labor contract signed with the workers of the Institute.
Article 269. The Director-General shall have the right of veto over the decisions of the Technical Council, in cases that the regulation establishes. The effect of the veto will be to suspend the implementation of the Council resolution, until it finally resolves the General Assembly.
FROM THE MEXICAN INSTITUTE OF SOCIAL SECURITY AS AN AUTONOMOUS FISCAL BODY
Article 270. The Institute, as an autonomous fiscal body, will be subject to the regime established in this Law, exercising its powers. confer in an executive manner, with management and technical autonomy, in the fields covered by this Law.
Article 271. Regarding the collection and administration of the contributions under this Law correspond to, in accordance with the provisions of the Article 2 (2) and (2), second and second subparagraph, of the Code, have the nature of social security contributions, the Institute shall collect, administer and, where appropriate, determine and liquidate the insurance contributions established in the this Law, applying to the effect the provisions of the Law and expressly provided for in the Code, with regard to both provisions with all the powers conferred on it by that Code to the tax authorities provided for by the Code, which shall be enforceable by the Institute, without the participation of any other tax authority.
Article 272. The Institute, in matters of budget, expenditure and its accounting, shall be governed by the provisions of this Law and, as expressly not provided for in it, The Federal Law of Budget and Accountability and provisions that emanate from it will apply.
The public servants of the Institute shall be liable for any damage or damage estimated in money affecting the federal public finances or the assets of the The Federal Law of Budget and Accountability, without prejudice to the provisions of the Federal Law on Administrative Responsibilities of Public Servants and the Law of Taxation, will be applicable. Top of the Federation.
It shall be for the Secretariat of the Civil Service, in itself or through the internal control body in the Institute itself, to exercise the powers conferred on it control, inspection, surveillance and evaluation matters to the Federal Public Administration Law and other applicable legal systems, without prejudice to the powers that correspond to the Higher Audit of the Federation.
The Institute should formulate its draft budget and exercise the corresponding expenditure, with strict respect to the criteria of discipline, productivity, savings, austerity, efficiency, efficiency, budgetary deregulation and transparency, and should be implemented in such a way as not to affect their rights. The Institute shall plan its expenditure in such a way as to contribute to maintaining its stability and financial equilibrium on a medium-and long-term horizon, in accordance with the demographic and epidemiological trends of its beneficiary population.
The contributions, contributions and contributions that the Federal Government will have to find out in accordance with the provisions of this Law will be expressed in an express manner, pointing out its specific destination, in an individual section of the corresponding decree of the Federation's Budget of expenditures that is approved annually, making reference to the total of the expenditure that will be foreseen to be exercised by the Institute itself pointing out, if applicable, the rules for their control and monitoring.
Article 273. The Institute shall submit to the Federal Executive, through the Secretariat of Finance and Public Credit, and to the Congress of the Union at the latest. on 30 June of each year, a report by external auditors, including at least the following elements:
I. The financial situation of each insurance offered by the Institute, and actuarial of its reserves, providing evidence to assess whether the corresponding premiums are sufficient to cover current and future expenses of the benefits derived from each insurance;
II. The possible risks, contingencies and liabilities that are being taken in each insurance and the financial capacity of the Institute to respond to them based on their income and available reserves;
III. Estimates of possible modifications to the employer's labour quotas and the contributions and contributions of the Federal Government of each insurance, if any, which may be foreseen, in order to maintain the financial viability of the Institute, and of the estimated dates on which such modifications may be required, and
IV. The status of your total and any other liabilities that commit your expense for more than one tax year.
For the purposes above, the Institute will report on the demographic trends of its beneficiary population, including changes in life expectancy; trends in the epidemiological transition, and changes in the gender composition of the workforce, among other factors. The risk estimate, in turn, will consider factors derived from the economic cycle, the evolution of the cost of treatments and drugs, the labor costs, the macroeconomic situation, as well as any other factors affecting the economy. The capacity of the Institute to fulfil its commitments. In all cases, the estimation of occupational risks and liabilities and of any other type shall be formulated with strict adherence to the accounting principles generally accepted by the organized accounting profession in Mexico.
The report should also contain information about the state of the facility and equipment of the Institute, particularly those dedicated to medical care, to be able to satisfy their right-holders in a satisfactory manner.
Article 274. At the latest forty-five calendar days before it conforms to the U.S. Constitution's Political Constitution, the Federal Executive sends to the Congress of the Union the initiative of the Law of Revenue and the Draft Budget of the Federation of the Federation, the Director General will propose to the Technical Council the preliminary draft budget of income and revenues of the Institute, which includes operating expenses and cash flow, taking into account the economic and budgetary policy criteria of the Federal Government, as well as the evolution of the Federal Government's revenue and expenditure control guidelines.
The Technical Council will discuss and approve the preliminary draft budget to be sent to the Secretariat of Finance and Public Credit for the purposes of Article 276 of this Law.
The Technical Council will approve, at any stage of the fiscal year, the adjustments required by the budget of the Institute for the best achievement of the objectives of its programmes, provided that the reserves referred to in Article 280 (III) and (IV) of this Law, approved in the Decree of the Federation's Government Budget, nor the stability of the Institute, are not affected. respecting the programmes relating to the timely and sufficient delivery of their services for the benefit of the rightholders, are in line with the judgment of the Council itself, with the policies of income-expenditure of the Federal Public Administration.
Article 275. The preliminary draft budget referred to in the previous article shall contain a report from the Directorate-General that includes at least the next information:
I. The analysis of the impact that the proposed budget will have for the Institute on a medium-term horizon;
II. The budget allocated by programs, pointing to priorities, objectives, goals, and units responsible for their exercise, as well as their estimated valuation per program, and the mechanisms and indicators of evaluation for each program;
III. The express signposting of the programs that by their nature and characteristics, should cover more than one annual budget period, subject to the execution and payment purposes to the budget availability of subsequent years;
IV. Total revenue and cash flow, expressed as accruals, by:
a. Worker and pattern quotas;
b. Quotas, contributions and contributions from the Federal Government, and
c. Financial revenue from reserves, and any others.
V. Total expenses and per chapter of expenditure, expressed as accruals and cash flow;
VI. Surplus of operation;
VII. Surplus cash flow, before and after the creation, increase or decrease of the Fund for the Compliance of Labor Obligations of Legal and Contractual Character noted in Article 286 K;
VIII. Amounts in which it is proposed to increase, decrease or, where appropriate, reconstitute the Financial and Actuarial Reserves and the General Financial and Actuarial Reserve referred to in the sections III and IV of Article 280 of this Law, for each insurance and the Fund for the Compliance of Labor Obligations of Legal and Contractual Character, as well as the support of financial investments that will be given to it;
IX. Total revenue and expenses for insurance expressed as accruals;
X. Total staff places to occupy, including permanent and temporary, as well as hiring professional services for fees;
XI. Total labour liabilities, detailing legal and contractual obligations, and the effect on such liabilities would have the creation of new staff positions in the financial year and within twenty-eight years;
XII. Physical Investment Program, indicating the main works and equipment. The Programme shall be specified by insurance and shall include the analysis of the liabilities and operating expenses of any type generated by the investment;
XIII. Budget of the Institute's central management areas, and
XIV. The others deemed appropriate by the Technical Council.
Article 276. The preliminary draft budget approved by the Technical Council, will be sent to the Secretariat of Finance and Public Credit, at the latest twenty-five years. The Federal Executive will forward to the Congress of the Union the Bill of Revenue and the Draft Budget of the Government of the United States. Federation, in order for it to analyze it and, if necessary, modify and approve, the amounts to referred to in Article 275 (IV), (b) and (VIII) of this Law. For these purposes, the Secretariat shall take into account the report referred to in Article 273 of the Law. Approved these amounts, the Institute will make the changes related to the fact that it is timely sent to the Secretariat for inclusion in the Income Law Initiative and the Draft Budget of the Federation to submit to the approval of the Congress of the Union.
The Chamber of Deputies, when approving the Federation's Budget of Government, will have to consider the report and the report referred to in Articles 273 and 275 of the this Act.
The Technical Council and the Director General will be responsible, in the field of their respective competences, for the Institute to comply with the approval of the Congress of the Union.
Article 277. The Institute shall exercise its budget by assessing the revenue received and the expenditure incurred in quarterly periods, in order to verify its development according to the budgeted.
When in any of the quarters of the year, the income earned is higher than expected, or the expenses are lower than planned and you have a reasonably well-founded expectation, in the opinion of the Technical Council, that the surplus to be generated in that period will have a net positive effect at the close of the annual financial year, and would have been met with the quarterly goal of increase or reconstitution of reserves and funds under the terms of Article 276 of this Law, the Institute may have them in place to implement them in the quarter following the strengthening of their Operation Reserve for Contingencies and Financing, and with the express agreement of the Technical Council, to their priority programs.
Item 277 A. In the event that, in the remainder of the financial year, it is expected that the resources considered surplus will be required in the previous quarter, to finance the operation of the Institute in accordance with the approved budget, or that it is not possible to meet the reserves and funds targets indicated in the Federation's Government Budget, in accordance with the provisions of Article 276 of this Law, the Technical Council must proceed to generate adjustments of decrease of expenditure on less necessary items, seeking at all times not to compromise the proper provision of its services.
If the downward adjustments indicated are not sufficient, the Institute may have the Operation Reserve for Contingencies and Financing provided by the Article 280 of this Law, subject to the authorization of the Technical Council, and must inform the Federal Executive, through the Secretariat of Finance and Public Credit.
If you have made use of the Reserve indicated in the preceding paragraph, the adjustment to the expenditures budget necessary to meet the reserve and fund targets This may, after authorization from the Federal Executive, through the Secretariat of Finance and Public Credit, reduce the amounts of reserves or funds to be increased.
The Civil Service Secretariat will monitor the strict and timely compliance with this provision.
Article 277 B. The Institute is not authorized to contract financial liabilities to pay for the insurance benefits that this Act establishes.
To cover its operation, it may only contract liabilities arising from letters of credit or foreign exchange hedges within a period of less than one year without revolving, to settle commitments with suppliers of inputs, without prejudice to any commitments similar to those which the Secretariat of Finance and Public Credit has previously authorised to contract.
The Secretariat of Finance and Public Credit will authorize the maximum annual amount for the contracting of the operations referred to in the previous paragraph. To that end, the Institute shall send to the Congress of the Union and to the Federal Executive, through the said Dependence, in the month of January each year, a report of the characteristics, terms and conditions in which it shall carry out such operations. financial.
Article 277 C. The Institute shall not be obliged to concentrate its revenue on the Treasury of the Federation, with the exception of the remaining subsidies and transfers of social solidarity programmes and others funded directly by the Federal Government.
If at the end of the fiscal year, there is a balance from surplus income to the budgeted, the Institute will transfer them to the Operation Reserve for Contingencies and Financing provided for in Article 280, fraction II of this Law, and may, in exceptional cases, be intended for their priority post-exercise investment programmes.
The Institute will manage and manage its resources through its competent administrative units. As far as the subsidies and transfers established by the Budget of Eps for the operation of the programs entrusted to it by the Federal Government are concerned, they will receive them from the Federation's Treasury, and must also handle them and administer them by their competent administrative units, subject, in the case of the latter, to the respective controls and reports in accordance with the applicable legislation.
Article 277 D. The Technical Council, subject to budget forecasts, shall approve the salaries and benefits of the trusted workers referred to in the Article 256 of this Law, and the hiring of professional services for fees, which are strictly necessary, in accordance with the mandatory enforcement bases that the same issue.
The salaries referred to in the preceding paragraph shall be determined by considering the tabs that are issued by the federal public sector agencies and agencies. Secretary of Finance and Public Credit and the conditions prevailing in the market, according to a system of valuation of posts. The adjustments must be consistent with the guidelines that the Federal Government will observe, for which the Institute will request the opinion of the Secretariat of Finance and Public Credit.
The Director General of the Institute may not receive higher perceptions than a Secretary of the Office in the Centralized Federal Public Administration.
The Technical Council may only create, replace or recruit places with the criteria of productivity, efficiency and quality of service, as well as increasing collection, provided that it has the resources approved in its respective budget for such creation, replacement or hiring of places, and those indispensable to cover the annual cost of its impact. Regardless of the above, in order to create, replace or hire places, the Fund referred to in Article 286 K of this Law shall be deposited with the necessary resources to cover the future costs arising from the Retirement Regime and Pensions, so that at all times, it is fully funded.
The Institute has an obligation to publish in the Official Journal of the Federation, no later than 30 June of the relevant fiscal year, the report analytical of all positions and places, including temporary, substitute, resident and analogous; salaries, benefits and stimuli of all types of their public servants, grouped by level, degree and group of command, and the changes authorized to their organizational structure by the Technical Council, as well as the number, the total remuneration and remuneration of professional services for fees.
Article 277 E. Without prejudice to the Federal Budget and Liability Act, the revenue and expenditure of each insurance shall be recorded. contacably separated. The common indirect costs shall be subject to the general rules for the distribution of costs, the catalogue of accounts and the accounting manual and the expenditure year to be issued by the Technical Council on a proposal from the Director. General, who must have the prior opinion of the Secretariat of Finance and Public Credit.
The catalogue of accounts and the accounting manual and the expenditure year shall be based on the equivalents which the authorities have established for the purposes of the competent for the entities of the federal public administration, adapting them to the characteristics and needs of the Institute.
The resources of each insurance class referred to in this Law may only be used to cover benefits and benefits and constitution reserves that correspond to each one of them.
Article 277 F. In duly justified cases, the Technical Council may authorise the Institute to conclude multi-annual public works contracts, acquisitions, leases or services during the tax year, provided that:
I. Justify that their celebration represents economic advantages or that their terms or conditions are more favourable, considering, where appropriate, the validity of the patents of the goods to be acquired;
II. justify the time limit for the procurement and that it will not adversely affect economic competition in the sector concerned;
III. Identify the corresponding current or investment expense, and
IV. Break down the expense at the year's prices for both the corresponding fiscal year and subsequent fiscal year.
Of these contracts, the Secretariat of Finance and Public Credit must be given prior notice. The Institute may not conclude such new contracts if, in the reasoned and well-founded criterion of such dependence, the Institute's income is not sufficient in subsequent years to cover the relative commitments.
Multi-annual contracts shall be formalised by the public servants established in their Rules of Procedure.
In the case of contracts whose benefit generates a payment obligation for the Institute equal to or greater than 190,150 times the general minimum wage in force for the In any of its years of validity, the Federal District must be entered, inselectable, by the Director General of the Institute.
The Institute shall report to the Secretariat of the Civil Service on the conclusion of the contracts referred to in this Article, within 30 days after to its formalization.
Article 277 G. The Institute will apply the Public Works and Services Laws Related to Mismas and Procurement, Leases and Sector Services. Public, on the same terms and conditions as the other entities of the Federal ParaState Public Administration.
In the preliminary draft budget referred to in Articles 274 and 275 of this Law, the Technical Council will propose to the Chamber of Deputies, through the executive branch Federal, the way in which the rules of discipline and austerity, which, if necessary, are contained in the decree of the Federation's Government Budget, will be applied to the Institute in order not to affect the public service that is required. to lend to their successors, for the purpose of the House to decide what corresponds to and is considered in the rules for the control and monitoring of the expenditure of the Institute itself, in the individual section of that Decree, referred to in the last paragraph of article 272 of this Law.
The above shall not affect the goals of constitution or increase of reserves that in accordance with this Law, shall establish annually to the Institute the Chamber of Deputies.
OF THE CONSTITUTION OF RESERVES
Article 278. The Institute to ensure due and timely compliance with the obligations it contracts, arising from the payment of benefits and the provision of services relating to the insurance provided in this Law, shall constitute and account for insurance industry the provision and financial support of the reserves set out in this Chapter, in the terms that the same indicates.
The resources affected by these reserves will not form part of the Institute's assets and will only be available to them to fulfill the aims set out in this Law and ensure their financial viability in the long term.
Article 279. The reservations referred to in this Chapter shall be recorded as a provision at the time of their incorporation, and the contributions for their increase or reconstitution shall be made quarterly or annually, as appropriate, and shall be definitively established at the end of each financial year.
Article 280. The Institute shall constitute the following reservations in accordance with this Chapter:
I. Operational Reservations;
II. Contingency and Financing Operation Reserve;
III. Financial and Actuarial Reserves, and
IV. Financial and Actuarial General Reserve.
OF THE INSURANCE RESERVES
Article 281. An Operational Reserve will be set for each of the following insurance and coverages:
I. Diseases and Maternity;
II. Medical Expenses For Pensioners;
III. Invalidity and Life;
IV. Job Risks;
V. Nurseries and Social Benefits;
VI. Health Insurance for the Family, and
VII. For other insurance or coverages, which, if any, are established on the basis of this Act.
Operational Reserves will receive full income from employer's dues and federal contributions, as well as insurance contributions and contributions. voluntary and others to be established, except as provided for in Article 15 (VI) of this Law. They may be available only to cover the payment of benefits, administrative costs and the establishment of the Financial and Actuarial Reserves of the insurance and coverage to which they correspond, and for the corresponding contribution for the constitution of the Reserves of Operation for Contingencies and Financing and General Financial and Actuarial.
Article 282. In the case of retirement insurance, advanced age and old age, the provisions of Article 167 of this Law will apply.
Article 283. The Operation Contingency And Financing Reserve shall be constituted, increased or reconstituted up to sixty days of income the overall average of the previous year of the Institute, with the aim of providing stability and certainty to the day-to-day operation of the Institute itself and to facilitate the medium-term planning of the operations of the various insurance companies established in this Act.
To this Reserve may be affected in addition to the ordinary income, the resources that the Institute has in an extraordinary way, if it can exceed the limit indicated in the preceding paragraph, up to the total of these extraordinary affections.
The Institute may provide, after authorization from the Technical Council, the Reserve for Contingencies and Financing, to finance the Operational Reserves, up to an amount equivalent to ninety days of average income from the previous year of insurance or coverage that the financing requires and these resources must be reintegrated with the corresponding financial costs for the use of the same, in the terms of the regulation referred to in Article 286 of this Law, in a period not longer than three years. From this situation the Institute must give notice to the Federal Executive, through the Secretariat of Finance and Public Credit.
Article 284. The Financial and Actuarial Reserves shall be constituted for each of the insurance and hedges through a calculated quarterly contribution on the income of the same, which considers the long-term financial sustainability estimates contained in the financial and actuarial report referred to in Article 261 of the Law. Each of these reserves may be divided and managed in accordance with the nature of the risks affecting each insurance and hedges. This separation will seek the best balance between the sources and characteristics of the risk and the resources needed for your financing.
Article 285. The Financial and Actuarial General Reserve shall be constituted, increased or reconstituted through an annual contribution to be estimated in the report financial and actuarial as referred to in Article 261 of the Law, in order to deal with catastrophic effects or variations of a financial nature of significance in the income or drastic increases in discharges from epidemiological problems or severe and long-lasting economic causes that cause insufficient of any of the financial and actuarial reserves.
All real estate intended for the provision of services directly derived from the insurance referred to in the Second and Third Title of this Law shall be affections to the General Financial and Actuarial Reserve and shall therefore be considered as intended for the national public service of the Social Security referred to in Article 4. of the Law itself and will have the character of goods of the public domain of the Federation.
Article 286. The Institute shall constitute the Operation Reserve for Contingencies and Financing referred to in this Chapter in the form, terms and time limits. which, on a proposal from the Director General, issues the Technical Council and which shall be considered in the annual programme referred to in Section 3 of this Chapter.
The Financial and Actuarial Reserves and the General Financial and Actuarial Reserve will be formed in the form, terms and deadlines set out in the regulation that the Federal Executive will issue to the effect, (a) in the light of the report which the Institute has sent to it concerning the demographic conditions of the beneficiary population covering each insurance in accordance with its peculiarities, the costs of providing the services concerned, the characteristics of the economic cycles, the probability of fluctuations in both the claims as financial and, the potential for catastrophic claims or drastic changes in the demographic and epidemiological conditions of the right population.
Article 286 A. The Institute may have the Financial and Actuarial Reserves of each insurance and coverage only to cover the needs of the each one of them, after agreement of the Technical Council on the proposal of the Director General, in the terms of the Regulation referred to in the previous article, and only to face falls in the income or increases in the discharges derived from economic problems lasting longer than one year, as well as to deal with fluctuations in the case of claims in the actuarial study referred to in Article 261 of the Law or for the payment of future benefits for which the corresponding provision would have been made.
OF THE ANNUAL PROGRAMME OF ADMINISTRATION AND CONSTITUTION OF RESERVES
Article 286 B. On a proposal from the Director General, based on the draft budget for the following financial year and on financial and actuarial studies The Technical Council shall, in accordance with the provisions of Articles 245 and 261 of this Law, submit each year to the General Assembly prior to the commencement of the fiscal year a Program of Administration and Constitution of Reservations, which will confirm or adapt to the driver, once it is known the final expenditure budget of the Institute. This program will contain at least the following items:
I. Report on the entire financial resources held by the Institute, separating them by type of reserves and insurance in accordance with the provisions of Article 280 of this Law;
II. Projections of total cash receipts and expenditures for the next fiscal year;
III. The quarterly and annual amounts that will be devoted to increasing or reconstituting each of the reserves in the following fiscal year; projection of the interest rates that will generate these reserves and expected amounts of the same to the end of exercise, and
IV. The annual resources that are expected to affect the Operational Reserves for the next fiscal year.
The Technical Council, on a reasoned proposal from the Directorate General, may at any time modify the Program of Administration and Constitution of Reserves, with Exception of the amounts of increase of the Financial and Actuarial Reserves and of the Financial and Actuarial General Reserve committed in accordance with the provisions of Section VIII of this Law, when the flows of income and expenditure throughout the exercise so require. The Director-General's proposal should describe the impact that this modification will have on the medium and long term, observing the second paragraph of article 278 of this Law.
OF THE INVESTMENT OF THE RESERVES AND THEIR USE FOR THE OPERATION
Article 286 C. The Institute must have an administrative unit that will be specialized in the investment of the resources of the Institute and the mechanisms to be used for this purpose, under criteria of prudence, security, performance, liquidity, risk diversification, transparency and respect for healthy practices and uses of the national financial environment, seeking full disclosure of information.
This administrative unit must have a professional and operational infrastructure that allows a flexible, transparent and efficient process to operate in a manner competitive in the financial market.
Additionally, the Technical Council will establish the information devices to the general public, so that in a regular, timely and accessible manner, the composition and financial position of the Institute's investments. This information shall be sent quarterly to the Secretariat of Finance and Public Credit, to the Bank of Mexico and to the Congress of the Union.
Article 286 D. Operating Reserves and the Operation Contingency And Financing Reserve shall be invested in securities issued or guaranteed by the Federal government, in securities of high credit quality according to international prestige qualifiers or in sight deposits and in time commensurate with their cash needs, in credit institutions and investment funds, to the effect of provide timely availability of the quantities needed to deal with their obligations for the financial year.
Article 286 E. The investments of the Financial and Actuarial Reserves and the General Financial and Actuarial Reserve, as provided for in this Chapter, may only be to invest in securities, credit and other rights, to be determined in accordance with the Regulation to be issued by the Federal Executive, which shall also regulate the percentages, instalments, amounts, maximum investment limits and institutions; and other issuers or depositaries and other administrative characteristics of the investments that the Institute can make, always seeking the best conditions of security, performance and liquidity, as well as of diversification of possible risks in terms of the greater objectivity, prudence and transparency.
The interest or income generated by each reservation must be applied exclusively to the reservation that originates them.
OF THE PROFESSIONALIZATION AND DEVELOPMENT SYSTEM
Article 286 F. The provisions of this Chapter shall apply only to the trusted workers referred to in Article 256 of this Law.
Article 286 G. In order to have a permanent body of professionals, qualified and specialized in the activities and functions that correspond to it, so In order to ensure the proper provision and improvement of services for the benefit of the right-holders and of society in general, the Institute must establish policies and take the necessary actions to establish a system of professionalisation and development of the trusted workers referred to in the Previous article.
That system will comprise recruitment, selection, hiring, compensation, personnel development, including training, assessment of their performance, promotion and separation of service. The personnel referred to in this Chapter may be subject to stimuli based on their performance in the terms authorized by the Technical Council, which shall be subject to the limits established annually in the Budget of the Federation.
Article 286 H. The appointments of the staff referred to in this Chapter, corresponding to the two hierarchical levels below the Director General and those who represent the Institute in the territorial district as set out in the respective regulations, to be placed on persons who meet the following requirements:
I. Be of recognized honor and moral quality;
II. Cover the profile needed to fill the position, and
III. To have three years of professional or technical experience in the subjects related to the position for which they were proposed or, to have been at least five years in positions of high decision-making.
The Technical Council and the Director General of the Institute shall be responsible for the implementation and enforcement of the provisions of this Article.
Article 286 I. The Institute will make up its organic and occupational structure according to the needs of the service. It shall also design and establish the system of compensation to be used as a basis for determining the payment of remuneration, benefits and incentives in favour of the workers of trust referred to in Article 256 of this Law, with the aim of maintain their competitiveness in the labour market.
The specific regime, processes and other characteristics of the System of professionalization and development of the personnel referred to in this Chapter, will be established in the Staff Regulations which the Technical Council approves.
Article 286 J. The system of professionalization and development included in the Staff Regulations referred to in the preceding article shall be governed by the following: principles:
I. Its own merit and equal opportunities for income and promotion in the service, based on the general experience and/or the Institute, performance, skills, knowledge and capacity;
II. Specialization and professionalization for the performance of the functions and activities assigned to each position;
III. Remuneration and benefits linked to productivity, in line with the labour market, which are sufficient to ensure the Institute's recruitment and permanence of the best public service and control servers;
IV. Training and integral development related to the substantive activities of the Institute and linked to the improvement of the services provided, in order to ensure the efficiency in the provision of services; and
V. Integrity, responsibility and proper conduct of this staff.
Article 286 K. The Institute shall administer and manage, in accordance with the guidelines to be issued by the Technical Council, a fund to be called the Fund for the Compliance with Labor Obligations of Legal or Contractual Character, in order to have the necessary resources at the time of the retirement of its workers. To this end, the Technical Council will approve the rules of the aforementioned Fund on the proposal of the Director General, who will have to listen previously to the opinion of the Secretariat of Finance and Public Credit. The management of the Fund shall take into account the policies and guidelines that the Federal Public Administration applies in this field.
This Fund shall be recorded separately in the accounts of the Institute establishing within it a special account for the Retirement Regime and Pensions of the employees of the Institute. Resources that are affected by this Fund and special account may be available only for the purposes set out in this Article.
The Institute, in its pattern character, will not be able to allocate to this Fund, for the financing of the special account of the Pension and Retirement Regime, resources from the quotas in charge of the employers and workers established in the Social Security Law. Nor may it allocate resources for that purpose, contributions, contributions and contributions, which under the Social Security Law, are the responsibility of the Federal Government; nor of the Reserves referred to in Article 280 of this Law or of the products financial assets that are obtained from them.
OF THE MEDIA
Article 286 L. The Institute, to achieve the best application of the powers contained in this Law, as well as of the powers other laws or regulations they shall confer on him, receive the promotions or requests which the particulars make in writing, without prejudice to the fact that such documents may be submitted by means of electronic, magnetic, digital, optical, magneto optical or of any other nature, for which the means of identification.
The use of such means of communication will be optional for any interested party, but at the time of their use in a promotion it will continue in this way. the presentation of any document type related to that promotion.
The documents submitted by the media referred to in this Chapter will produce the same legal effects as the documents signed by themselves and, consequently, have the same evidentiary value as the applicable provisions give them.
Also, the personal identification code corresponding to the records made in the clinical file, as stated in Article 111 A of this Law, will produce the same legal effects as referred to in the preceding paragraph. In such cases, the Institute upon receipt of a promotion or application shall give credentialed to the identity or existence of the sponsor and, where appropriate, the powers of its representative, provided that the documentation required for this purpose corresponds to the which has been submitted by the individual in order to obtain his certificate of electronic signature, so that he shall, where appropriate, refrain from requesting such documentation as a requirement in the administrative procedure in question.
Article 286 M. The Institute may make notifications, citations, locations; require or request reports or documentation, as well as issue resolutions to through electronic means of communication, provided that the individuals express prior and express their agreement to receive the actions mentioned in this provision, in respect of each promotion or request they make.
Article 286 N. When documents are filed through the media referred to in this Chapter, they are used for the purposes of payment of fees. workers, or other related formalities, shall be governed by the provisions of the Code in respect of such documents.
OF PROCEDURES, EXPIRATION, AND PRESCRIPTION
OF THE TAX CREDITS
Article 287. The quotas, the constitutive capital, its update and the surcharges, the fines imposed in the terms of this Law, the expenses incurred by the Institute for impropriety enrollments and those entitled to demand from non-rightholders, have the character of tax credit.
Article 288. In cases of competition or other procedures, in which the ranking of credits is discussed, those of the Institute shall be preferred to any other.
Article 289. In the case referred to in the previous article, the Institute's credits will be charged only after the food, wages and paid in the last year or compensation to workers, who will be given preference in accordance with the Federal Labour Law.
Article 290. For the purposes of payment of the credits referred to in Article 287 of this Act, it is considered that there is pattern substitution when:
I. Exist between the replaced pattern and the substitute pattern transmission, by any title, of the essential goods affected to the holding, in order to continue it. The purpose of continuing exploitation will be presumed in all cases, and
II. In cases where the partners or shareholders of the replaced pattern are, in the majority, the same as the substitute employer and are the same merchant spin.
In case of pattern substitution, the replacement will be jointly and severally liable with the new obligations arising out of this Act, born before the date on which it was notify the Institute in writing of the replacement, up to the end of six months, which all responsibilities will be attributable to the new employer.
The Institute shall, upon receipt of the replacement notice, communicate to the substitute employer the obligations it acquires in accordance with the preceding paragraph. It shall also, within a period of six months, notify the new employer of the state of debit of the replacement.
When workers in a company receive the goods from the company in payment of benefits of a contractual nature by award or resolution of the work authority and directly take charge of its operation, shall not be considered as a employer replacement for the purposes of this Act.
OF THE COMPONENTS
RUNTIME ADMINISTRATIVE PROCEDURE
Article 291. The administrative execution procedure for the recovery of the credits referred to in Article 287 of this Law, which would not have been covered the Institute shall be applied by the Institute, subject to the rules of the Code and other applicable provisions, through its administrative units empowered to do so.
The disposal of the goods which the Institute is awarded on the occasion of the implementation of the administrative procedure of execution shall be carried out by public auction or by direct award, in the terms and conditions specified in the respective regulations, to be published in the Official Journal of the Federation. In the case of securities, fixed income or variable, they will be used according to the guidelines Issue the Technical Council.
The amounts to be obtained from retirement insurance, advanced age and old age according to the provisions of this article, must be made available of the Administrative Fund for the Withdrawal which carries the individual account of the worker concerned, at the latest within 10 working days following the date of its effective recovery. In case of failure to do so, surcharges and upgrades will be caused by the Institute or the Secretariat of Finance and Public Credit, as appropriate, and in favor of the worker, in the terms established in the Code.
Article 292. In agreements relating to the granting, rejection, or modification of a pension, the legal grounds and precepts in which they are merged shall be set out and the amount shall also be expressed. of such benefit, the method of calculation used to determine it, and, where applicable, the date from which it shall be valid.
In the trade in which the relative agreement is communicated, the interested party will be made aware of the term in which it can contest it, by means of the non-compliance.
Article 293. In cases where a pension or other benefit in money has been granted in error affecting the amount or conditions of the pension, the modification that is made shall take effect:
I. If the modification is in favor of the insured or beneficiary:
a) From the date of the benefit term, if the error was due to the Institute or the Retirement Fund Administrator, who manages the individual worker's account or the insurer respective.
b) From the date the modification agreement is issued, if the error was due to false data supplied by the data subject.
II. If the modification is to the detriment of the insured or beneficiary:
a) From the date the modification agreement is issued, if the error was due to the Institute, or to the Retirement Fund Administrator, to administer the worker's individual account or to the Respective insurer.
b) From the date of the performance of the benefit, if the data subject is found to have provided the Institute with false information or data. In this case, the amounts that would have been overpaid for the error will be reintegrated into the Institute.
OF THE DEFENSE MEDIA
Article 294. When employers and other subjects, as well as policyholders or their beneficiaries, consider an impeachable act of the Institute to be impeachable, may have recourse in non-conformity, in the form and terms laid down in the regulation, or proceed under the terms of the following Article.
The resolutions, agreements or settlements of the Institute that would not have been challenged in the form and terms that the corresponding regulation points out, will be understood as consenting.
Article 295. The disputes between the insured persons or their beneficiaries and the Institute on the benefits that this Law grants must be dealt with before the Board Federal Conciliation and Arbitration, as long as those presented between the Institute and the employers and other bound subjects, will be dealt with before the Federal Court of Justice and Administrative Justice.
Article 296. The right holders may file before the Administrative Complaint Institute, which shall be intended to understand the dissatisfactions of the users by acts or omissions of the institutional staff associated with the provision of medical services, provided that they do not constitute an impeachable definitive act through the use of non-conformity.
The administrative complaint procedure must be exhausted in advance to the knowledge to have another organ or authority of any administrative procedure, resource or jurisdictional instance.
The resolution of the complaint will be made in terms of the respective instructional.
EXPIRATION AND PRESCRIPTION
Article 297. The faculty of the Institute to fix in liquid quantity the credits in its favor is extinguished in the term of five years not subject to interruption, counted from the date of the filing by the employer or by any other subject bound in terms of this Law, the notice or settlement or the one in which the Institute itself is aware of the operative event of the obligation.
The expiration period stated in this article will only be suspended when the case is filed for non-compliance or judgment.
Article 298. The obligation to find out the quotas and the constitutive capital, shall be prescribed at five years of the date of its enforceability.
The prescription will be governed in terms of its consummation and interruption, by the applicable provisions of the Fiscal Code of the Federation.
Article 299.- The fees entered without legal justification shall be returned by the Institute, updated as provided for in Article 17-A of the Code Prosecutor of the Federation, since the month in which the payment of the undue was made or the declaration containing the balance in favor and until the one in which the refund is made available to the taxpayer, as long as they are claimed within five years after the date of the relevant integer, except for arising from retirement insurance, old age and old age; as far as the latter are concerned, the provisions laid down in the respective laws and regulations are laid down. In the case of the other insurance branches, the Institute may discount the cost of the benefits it would have granted.
Article 300. The right of insured persons or their beneficiaries to claim payment of benefits in respect of the insurance of occupational risks, sickness and maternity, invalidity and life and childcare and social benefits prescribes within a year according to the following rules:
I. Any mensuality of a pension, family allowance, or relief assistance, as well as the aguinaldo;
II. Disability allowances for non-professional illness and maternity work;
III. The help for funeral expenses, and
IV. The Finiquitos that the Act establishes.
Disability allowances to work as a result of a work risk are prescribed in two years from the day on which the right to their perception was generated.
Article 301. The right to the granting of a pension, assistance or family allowance is unquenchable, provided that the insured satisfies all and all of the requirements laid down in this Law to benefit from the corresponding benefits. If, before meeting the requirements relating to the number of contributions or age, the employment relationship is terminated, the insured person shall not have acquired the right to receive the pension; without prejudice to the foregoing, for the purposes of recognition of their rights shall apply to Articles 150 or 151 of this Law, as the case may be.
Article 302. The right of the worker or pensioner and, where applicable, their beneficiaries to receive the resources of the sub-account of retirement, unemployment in advanced age and old age prescribes in favour of the Institute ten years after they are due. Any allowance for a pension, family allowance or assistance will be prescribed for the Institute in a calendar year.
OF RESPONSIBILITIES, VIOLATIONS, SANCTIONS AND CRIMES
Article 303. The public servants of the Institute, are obliged to observe in the fulfilment of their obligations, the principles of responsibility, ethics professional, excellence, honesty, loyalty, impartiality, efficiency, warmth and quality in the provision of services and in the care of right-holders and will be subject to the civil or criminal responsibilities in which they may incur in charge of a public service.
Article 303 A. Failure to comply with administrative obligations, as appropriate, shall be sanctioned in the terms provided for in the Federal Law of Responsibilities of the Public Servants, except for those covered by Article 5o. of that order.
OF VIOLATIONS AND SANCTIONS
Article 304. When employers and other subjects are required to perform acts or omissions, involving non-compliance with the payment of tax concepts that Article 287, shall be sanctioned with a fine of forty to one hundred percent of the concept omitted.
Article 304 A. These are violations of this Law and its regulations, the acts or omissions of the required pattern or subject listed below:
I. Failure to register with the Institute, or to do so outside the time limit laid down in the Law;
II. Do not enroll your workers to the Institute or do so on an extemporaneous basis;
III. Do not communicate to the Institute or do so out of time modifications to the base salary of its employees;
IV. Not to determine or to determine, in an extemporaneous manner, the employer's quotas legally in charge;
V. Do not inform the worker or the union of the contributions made to the individual retirement insurance account, advanced age and old age;
VI. Present to the Institute the affiliatory notices, forms, proof of affiliation, records of works or identification cards of workers ' quotas with false data, except for those who, by their nature, are not of their own responsibility;
VII. Do not take payroll records or checklists, in terms of the Act and the Social Security Fee Payment Regulation;
VIII. Do not give your workers the weekly or fortnightly constancy of the working days, if you are obliged to do so;
IX. Do not provide, when required by the Institute, the necessary elements to determine the existence, nature and extent of the obligations under your charge or to do so with altered or false documentation;
X. Obstruct or prevent, in case of person, the inspections or house visits, as well as the administrative procedure of execution, which the Institute orders;
XI. Do not cooperate with the Institute under the terms of Article 83 of the Law, in carrying out studies and investigations to determine causal factors and preventive measures of work risks, in providing data and reports that allow the compilation of statistics on occurrences and on the dissemination, in the field of their enterprises, of the rules on the prevention of work risks;
XII. Do not give notice to the Institute of the risks of work, to hide its occurrence in the facilities or out of them in the development of its activities, or not to carry the records of the risks of work or not to keep them updated;
XIII. Do not keep documents that are being reviewed during a home visit or the movable property in which they are left deposited as a result of their insurance;
XIV. Alter, detach or destroy, by itself or by means of person, the documents, stamps or marks placed by the visitors of the Institute in order to ensure the accounting, in the systems, books, records and other documents that the they are incorporated, as well as in the equipment, furniture or offices in which the accounts are deposited and which have been left to the deposit as a result of the insurance arising from a home visit;
XV. Not to present the mandatory annual review of its claims and determination of the work risk insurance premium or to do so extemporaneously or with false or incomplete data, in relation to the period and time limits specified in the Corresponding Regulation. No fine shall be imposed on employers for the non-submission of the forms of determination of the insurance premium referred to above where it is equal to that of the preceding financial year;
XVI. Do not give notice to the Institute or to make it out of time for the change of domicile of a company or establishment, when it is in any of the assumptions that the respective regulation points out;
XVII. Do not withhold the fees from your employees when it is legally applicable to them, or having retained them, not to find them at the Institute;
XVIII. Do not communicate to the Institute in writing about the breaking of strike or termination of strike; suspension; change or termination of activities; closure; change of name or social reason; merger or division;
XIX. Omit or present the opinion by authorized public accountant at the time when such an option has been exercised in accordance with Article 16 of this Law;
XX. Failure to comply or to do so extemporaneously with the obligation to rule by authorized public accountant their contributions to the Institute;
XXI. Notify in an extemporaneous manner, to do so with false or incomplete data or, to omit to notify the Institute in the terms of the respective regulations, the address of each of the works or phase of work that the employers perform sporadically or permanently are dedicated to the construction industry, and
XXII. Failure to submit to the Institute the information referred to in Article 15 -A of this Law.
Article 304 B. The offences referred to in the previous article shall be punished by considering the seriousness, particular conditions of the infringer and, where appropriate, the recidivism, as follows:
I. Those provided for in fractions IV, V, VII, VIII, XI, XVI and XIX with a fine equivalent to the amount of twenty to seventy-five times the general daily minimum wage in force in the Federal District;
II. Those provided for in fractions III, X, XIII and XVIII with a fine equivalent to the amount of twenty to one hundred and twenty-five times the general daily minimum wage in force in the Federal District;
III. Those provided for in fractions VI, IX and XV with a fine equivalent to the amount of twenty to two hundred and ten times the general daily minimum wage in force in the Federal District, and
IV. Those provided for in fractions I, II, XII, XIV, XVII, XX, XXI and XXII, with a fine equivalent to the amount of twenty to three hundred and fifty times the general daily minimum wage in force in the Federal District.
Article 304 C. No fines shall be imposed when the employer's obligations are spontaneously met outside the time limits laid down by the Law or when committed in violation by chance or force majeure. Compliance shall be deemed not to be spontaneous in the event that:
I. The default is discovered by the Institute;
II. The omission has been corrected by the employer after the Institute has notified a home visit order, or has mediated a request or any other management notified by the Institute, which is intended to check the compliance with its obligations in the field of social security, and
III. The omission has been corrected by the employer after 15 days following the presentation of the opinion by an authorized public accountant before the Institute, in respect of acts or omissions in which it has been incurred and which are observed in the opinion.
Article 304 D. The Institute may leave without effect the fines imposed for infringement of the provisions of this Law and its regulations, when in its judgment, with the Only documentary exhibition by the interested parties is shown that the infringement was not incurred.
The application to leave out the fines in the terms of this article, does not constitute an instance and the resolutions that the Institute will dictate in this respect may not be challenged by the means of defense established by this Law.
The application will result in the suspension of the administrative enforcement procedure, if the interest of the Institute is requested and guaranteed.
Only the cancellation of fines that have been firm and provided that a related administrative act is not a matter of impeachment.
OF THE DELORS
Article 305. To proceed criminally for the offences provided for in this Chapter, it will be necessary for the Institute to formulate a complaint, independently, of the state in which the administrative procedure is located, which is then started.
Article 306. In the offences provided for in this Chapter where damage or injury or undue benefit is quantifiable, the Institute shall make the quantification corresponding to the query itself.
In the crimes referred to in this Chapter, the judicial authority shall not impose a financial penalty.
Article 307. Cometen the offence of defrauding the social security schemes, employers or their representatives and other bound subjects who, with the use of deception or the use of errors totally or partially omits the payment of the employer's dues or obtain an undue benefit to the Institute or to the workers.
The total or partial omission of the payment for the employer's labour quotas referred to in the preceding paragraph includes, without distinction, payments for workers ' contributions. (a) employer's or the final employer's contribution or the capital of incorporation in the terms of the applicable provisions.
Article 308. The offence of defrauding the social security schemes shall be punishable by the following penalties:
I. With imprisonment of three months to two years when the amount of the defrauded does not exceed thirteen thousand daily minimum wages in force in the Federal District;
II. With prison of two to five years when the amount of the defrauded exceeds thirteen thousand daily minimum wages in force in the Federal District, but not of nineteen thousand daily minimum wages in force in the Federal District, or
III. With prison of five to nine years, when the amount of the defrauded is greater than nineteen thousand daily minimum wages in force in the Federal District.
When the amount of what was defrauded cannot be identified, it will be established in the section I of this article.
Article 309. The offence of defrauding the social insurance schemes, shall be qualified, when the employers or their representatives and other subjects are obliged, to knowingly omit the integer of the workers ' held shares in the terms and conditions laid down in this Law.
When the offense is qualified, the appropriate penalty will be increased by one half.
Article 310. It will be sanctioned with the same penalties as the crime of defrauding the social insurance regimes, who knowingly:
I. Alter the computer programs authorized by the Institute;
II. Manifest false data to obtain from the Institute the return of employer's quotas that do not correspond to it;
III. Benefit without the right of a tax subsidy or stimulus, or
IV. Simule one or more acts or contracts obtaining undue benefit to the Institute.
Article 311. A three-month sentence will be imposed on three years ' imprisonment, the employers or their representatives and other bound subjects who:
I. Do not make the registration notices or provide the Institute with false data by evading the payment or by reducing the amount of the employer's dues, to the detriment of the Institute or the workers, in a percentage of twenty-five percent. one or more of the tax obligation, or
II. Obtain undue benefit and do not communicate to the Institute the suspension or termination of activities; closure; change of social reason; modification of salary; activity; domicile; employer substitution; merger or any other circumstance to affect its registration with the Institute and to provide the Institute with false information regarding the obligations under its charge, in terms of this Law.
Article 312. A penalty of one to six years ' imprisonment shall be imposed on the depositary or financial controller appointed by the Institute which holds for itself or for another. deposited, of its products or of the guarantees that of any tax credit would have been constituted, if the value of the provisions does not exceed nine hundred minimum daily wages in force in the Federal District; when it exceeds, the penalty will be four to nine years in prison.
Equal penalty, according to the value of such goods, shall be applied to the depositary that hides them or does not make them available to the Institute.
Article 313. A three-month sentence shall be imposed on three years ' imprisonment, the employers or their representatives and other bound subjects who:
I. Register your accounting and tax operations in two or more books or in two or more accounting systems or in two or more different media to previous ones with different content, and
II. Hide, alter or destroy, partially or totally the accounting systems and records or any other means, as well as the documentation relating to the respective seats, which under this Law are required to be carried.
Article 314. It shall be deemed to be fraud and shall be punishable as such, in the terms of the Federal Criminal Code, to obtain, as well as to facilitate its obtaining, the insurance, benefits and services provided by this Law, without having the character of a right-holder, by means of any deception or use of error, whether by virtue of simulation, substitution of persons or any other act.
Article 315. A penalty of one to six years ' imprisonment shall be imposed on public servants who order or practice house visits or embargoes without a warrant written by competent tax authority.
Article 316. A prison sentence of one to five years shall be punishable on the public servant who shall in any way threaten a patron or any other subject, with to formulate by itself or through the dependence of its membership a complaint to the Public Ministry for the exercise of criminal action for the possible commission of the crimes provided for in this Chapter.
Article 317. If a public servant in exercise of his or her duties commits or in any form participates in the commission of a crime provided for in this Chapter, the Penalty applicable for the offence will be increased from three months to three years in prison.
Article 318. No complaint shall be made, if the person who has omitted the full or partial payment of any employer's share or obtained an undue benefit. spontaneously with their surcharges and updates before the Institute's authority discovers the omission, the injury or the undue benefit by means of a request, order of visit or any other management notified by it, tending to the verification of compliance with their obligations in respect of workers ' quotas employers.
Article 319. The criminal action in the offences provided for in this Chapter shall be prescribed in three years from the day on which the Institute has knowledge of the crime and the likely responsible; and if you have no knowledge, in five years, that will be computed from the date of the commission of the offence.
FIRST.- This Law will enter into force throughout the Republic on the first day of July of a thousand nine hundred and ninety-seven.
As of the entry into force of this Law, the Social Security Law published in the Official Journal of the Federation on March 12, 1973, the Law that incorporates the Insurance Regime, will be repealed. Social obligation to the Sugar Cane Producers and their workers, published on December 7, 1963 in that official body, as well as all the legal provisions that oppose this Law.
SECOND. As long as the corresponding regulatory provisions are issued, the Regulations of the Social Security Law that are repealed shall continue to apply, in so far as they do not object to the present ordering.
THIRD. The insured persons registered prior to the date of entry into force of this Law, as well as their beneficiaries, at the time of the law that is repealed, the alleged legal or the respective claim for the enjoyment of any of the pensions, they may choose to benefit from the benefit of that Law or the pension scheme established in this order.
FOURTH. For the case of workers who have been listed in the Social Security Act to be repealed, and who will be penalized for the duration of this Law, the Institute Mexican Social Security, at the request of each worker, shall be obliged to calculate the amount of his pension for each of the schemes, in order to enable him to decide what is appropriate to his interests.
QUINTO. The rights acquired by those who are in a period of preservation will not be affected by the entry into force of this Law and their holders will access the pensions that They correspond to the law which is repealed. Both the insured persons and the other insured persons shall be entitled to the waiting time of one hundred and fifty listed weeks for the purposes of invalidity and life insurance.
SIXTH. The insured that upon the entry into force of this Law is working per week or reduced day and cotice based on a salary lower than the minimum, will continue to be listed on the same the terms in which it is being done, for the duration of the employment relationship that originated that payment. If this relationship is terminated and another similar one is initiated, even if the perceived wage is less than the minimum, it will be quoted in the terms of this Law.
SEVENTH. The insured persons referred to in Articles 12 fraction III and 13 of the Social Security Act, which is repealed, and those included in the Law that incorporates the Social Security System It is mandatory for Sugar Cane Producers and their Workers, which is also repealed, to retain their acquired rights, insurance schemes and listing bases.
The insured persons referred to in the preceding paragraph, within a period not greater than one year computed from the date on which this Law enters into force, shall ratify their will to remain in the (a) compulsory or continue to be voluntarily incorporated in the said scheme through the convention which for this purpose is formalised with the Institute, according to the bases and terms laid down in this Law.
EIGHTH. The optional insurance established prior to the entry into force of this Law, will continue to be in force on its terms until the date of its expiration.
NINTH.- The employers enrolled in the Institute prior to the entry into force of this Law will continue to be subject to the first bimestre of 1998 to the same quotas that they were covering in the insurance of job risks.
As from the second half of 1998, these employers will have to determine their premium in accordance with their registered claims for the period from 1 January 1997 to 31 December 1997.
The registered or changing patterns of activity under this Law will determine your premium in terms of Article 73 of this Law and the annual modification of the claims occurred during the period established in the respective Regulation.
DECIMAL. The formula contained in Article 72 shall be reviewed by the Institute upon completion of the law, for the purpose of determining the premium factor permitting, if applicable, maintain the financial balance of the Work Risk Insurance. If this formula is to be adapted, it will be carried out by the Institute, the necessary administrative procedures before the appropriate bodies, so that they in turn promote the conduct of the Congress of the Union.
11TH. The insured persons entered before the date of entry into force of this Law, at the time of the legal assumptions or the respective claim that, for the enjoyment of the oldage pensions, advanced age-insurance or occupational risks, were provided for by the Social Security Act which is repealed, may be eligible for benefits under the Social Security Act or for which this Law is established.
TWELFTH. They will be in charge of the Federal Government for the pensions that are in the course of payment, as well as the benefits or pensions of those subjects who are in the rights and pensions to be granted to policyholders who opt for the scheme established by the Act which is repealed.
TENTH THIRD. For how much you make to the funds of the workers accumulated in the retirement sub-accounts will be the following:
a) Subjects who are in conservation of rights and who are penalized under the previous Act will receive in addition to the corresponding pension, their funds accumulated in the sub-account of retirement insurance in a single display.
b) The subjects who arrive at the age of pensionable age for advanced age and old age under the validity of this law but who opt for the benefits of pensions regulated by the previous Law, receive the pension indicated under the assumptions of the Law that is repealed and in addition the funds that would have been accumulated in his/her retirement insurance sub-account. The accumulated in the classes of unemployment in advanced age and old age will be delivered by the Administrative Funds for the Retreat to the Federal Government.
TENTH QUARTER. Those who were insured prior to the entry into force of this Law shall be entitled to apply to the institution of credit or authorized entity, transfer to the Fund Manager for the Retreat the entire resources that make up the retirement insurance sub-account of your individual Retirement Savings Insurance account.
Credit institutions will be required to transfer the individual accounts that operate to the Retirement Fund Administrators that the workers choose. The credit institutions themselves must transfer the individual accounts of the workers who do not choose the Administrative Fund for the Retreat to those indicated to them by the National Commission of the Savings System for the Retreat, through provisions of a general nature to such an effect.
TENTH FIFTH. The credit institutions that were operating individual accounts of the retirement savings system, prior to this Act, shall refrain from continue to capture new accounts, starting with the entry into force of this order.
Credit institutions shall be subject to the regulations prior to the validity of this Law in each and every one of the obligations to their charge related to the savings system accounts. for the retreat. They shall also be subject to the inspection and surveillance of the National Commission of the Retirement Savings System, as long as they handle the aforementioned system.
TENTH SIXTH. At the beginning of this Law, the withdrawal insurance sub-account will be subtracted from the legislation that is repealed, which will continue to generate the respective returns. and to which no new deposits may be made from the entry into force of this Decree.
TENTH SEVENTH. The funds from the retirement insurance sub-accounts, will be transferred to the Funds Administrators for the Retreat, which will keep them invested in these separate sub-accounts of the sub-accounts as referred to in Article 159 (1) (a)c)
Workers will have the right to choose the Retirement Fund Administrator who will manage their individual account.
The National Commission of the Retirement Savings System will issue general rules to the credit institutions to transfer those accounts of non-performing workers. the right referred to in the preceding paragraph.
TENTH EIGHTH. To policyholders who at the time of entry into force of this Law opt to benefit from the new pension system, they will be recognized for the weeks listed under the previous regime, with the the purpose of the statutory requirements being met, to be granted the appropriate pension.
TENTH NINTH. The rate on the Federal District's daily minimum wage referred to in Article 106 (I) shall be increased by the first of July of each year in sixty-five years. hundredths of a percentage point. These modifications will start in 1998 and will end in 2007.
The fees referred to in Article 106 (II) shall be reduced by the first of July of each year by forty-nine hundredths of a percentage point which corresponds to the patterns and in sixteen It is a matter of fact that the Commission has not been able to do so. These modifications will start in 1998 and will end in 2007.
TWENTIETH. The incorporation into the compulsory scheme of workers from decentralised parastatals whose collective contracts of employment are higher than those of the This Act shall be made as from the date of the approval of the relevant study.
TWENTIETH FIRST. The General Assembly of the Institute may determine which part of the reservation corresponding to the invalidity and life insurance, which began to constitute as of 2 January 1991 and until 31 December 1996, may be invested in assets other than those referred to in Article 284, in accordance with the following bases:
I. Investment in assets other than those referred to in Article 284 shall in no case be greater than 50% of the total of the reserve itself;
II. The Institute General Assembly shall annually determine the reduction in the percentage that may be invested in non-financial assets, and
III. In any case not later than four years from 2 February 1997, the reservation must be fully invested in terms of Article 284.
TWENTY SECOND. Within a period not exceeding four years from the date of January 2, 1997, the Institute shall adjust the investment of its reserve corresponding to the invalidity and life insurance. accumulated until 31 December 1990, to the arrangements provided for in Article 284 of this order.
The General Assembly of the Institute, on a proposal from the Director General, shall determine each year the relative adjustment program to comply with the provisions of the preceding paragraph.
TWENTY THIRD. The cooperative production societies that are registered under the terms of the Social Security Law that is repealed will continue to cover fifty percent of the Total premiums and the Federal Government will contribute the other fifty percent.
TWENTY-FOURTH. The pending procedures and procedures for resolution prior to the validity of this Act shall be resolved in accordance with the provisions of the repealed Social Security Act.
TWENTIETH FIFTH. Article 28 of this Law shall enter into force on 1 January 2007, as regards invalidity and life insurance, as well as in the classes of advanced age and old age. The other insurance classes will have as their upper limit from the beginning of the term of this law the equivalent of twenty-five times the general minimum wage in the Federal District.
As from the entry into force of this Law, the limit of the base salary of contributions at times minimum wage for the insurance of invalidity and life, as well as for the classes of unemployment in old age and old age, will be fifteen times the general minimum wage in the Federal District, which will increase a minimum wage for each subsequent year to twenty-five in the year 2007.
TWENTIETH SIXTH. The Affiliate Regulation that will normalize the procedure through which the salaried workers referred to in Chapter X of Title II of this Law will be enrolled, will be shall be issued within one hundred and eighty days after the entry into force of this order.
TWENTIETH SEVENTH. The payment of the employer's dues in respect of retirement insurance, old age and old age, will continue to be carried out on a bimonthly basis, until the same time as periods of payment of the laws of ISSSTE and INFONAVIT.
TWENTY-eighth. In order to ensure that the regulatory framework governing the Retirement Fund Administrators and the specialized investment companies for retirement funds is consistent with This Law, prior to the entry into force of this Law, must be reformed the Law for the Coordination of the Savings Systems for the Retreat.
The Law for the Coordination of Savings Systems for Retirement should provide for the prohibition that the resources invested in specialized investment companies of retirement funds will be For the financing of Political Parties, investments abroad or any other purpose other than to protect and increase them.
The Law for the Coordination of Savings Systems for the Retreat will provide for the form and terms in which the National Commission of the Savings System for the Retreat will send a written report to the Congress of The Union in a Semonthly form, regardless of the reports on commissions, number of affiliates, state of financial situation, status of results, composition of portfolio and profitability of the specialized investment companies of funds for the withdrawal, which at least in a quarterly way, will be made known to the opinion public.
The channelling of funds should be adjusted to investment in securities whose performance protects the interests of policyholders who have the character of partners in specialised investment firms. of retirement funds. For the above, in accordance with the fine Law, mechanisms will be established to guarantee the optimization of these resources. The National Commission of the Retirement Savings System will take into account the recommendations made to it by the National Banking and Securities Commission in this regard.
The Retirement Fund Administrators, in accordance with the applicable legal provisions, must have a simple and expeditious procedure for the hiring of the life income and the For the above, this procedure should be disclosed in a broad and uniform manner.
TWENTY-NINTH. The pensioners who for the enjoyment of any of the pensions provided for in the Law that is repealed, choose to avail themselves of the benefit of that Law in terms of the Third Transitional Article, without prejudice to the provisions of this Article in respect of the granting of loans on account of their pension, they may choose to apply for loans with any of the Financial Entities referred to in the Law for the Transparency and Ordinance of Financial Services, which have concluded, for the purposes of this Article, an agreement with the Institute, and the pensioner shall grant his express consent to the Institute to grant him the amounts relating to the payment of the loan and to deliver them to the the Financial Entity that awarded it.
The Institute may only conclude the conventions referred to in the preceding paragraph, where it is stipulated that the monthly discount derived from one or more transactions, in view of other discounts which, in terms of the legal provisions resulting from them, will in no case exceed 30% of the amount of the monthly pension, nor does it imply that the amount of the pension is reduced to one the amount less than the guaranteed pension laid down in this Law, and that the time limit for the payment of the loan does not exceed 60 months. In the application of these discounts, the corresponding ranking shall be applied in terms of the applicable legal provisions.
The Financial Entities shall communicate to the Institute the general terms and conditions of the loan, including the Total Annual Cost applicable to them, in order to This will make them aware of the pensioners, for comparison purposes in the choice of the Financial Entity to which they will apply for the loan.
The costs incurred in connection with the control, discounts and delivery or transfer of the amounts relating to the loans granted by the Financial Institutions, they shall be covered by the Institute in the terms laid down in the respective conventions.
The Technical Council of the Institute may issue the administrative provisions necessary for due observance of the provisions of this Article.
Mexico, D. F., as at 12 December 1995.-Dip. Oscar Canton Zetina, President.-Sen. Gustavo Carvajal Moreno, President.-Dip. Emilio Solorzano Solis, Secretary.-Sen. Jorge G. Lopez Tijerina, Secretary.-Rubicas.
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the residence of the Federal Executive Branch, in Mexico City, Federal District, at the nineteenth day of December of a thousand nine hundred and ninety-five.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Government, Emilio Chuayffet Chemor.-Heading.