LAW CREATING THE TRUST THAT WILL ADMINISTER THE SOCIAL SUPPORT FUND FOR FORMER MEXICAN MIGRANT WORKERS
Official Journal of the Federation May 25, 2005
Last Reform Published DOF September 10, 2010
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
TRUST WILL BE CREATED THAT WILL ADMINISTER THE SOCIAL SUPPORT FUND FOR FORMER MEXICAN MIGRANT WORKERS
ARTICLE ONLY.- Law creating the Trust that will administer the Social Support Fund for Former Mexican Migrant Workers.
Article 1o.- The Federal Executive will be the Trust that will administer the Social Support Fund for Former Migrant Workers. Mexicans.
The Trust will aim to provide social support in the terms established in this Law to the former Mexican Migrant Workers who have provided services in the United States of America during the years 1942 to 1964, in accordance with the provisions of the Migrant Workers ' Program or, where appropriate, their spouses or their surviving children or daughters. source of the same, in accordance with the requirements laid down by Article 6o. of this Law.
Article 2o.- For the purposes of this Act, the following definitions are:
I. Beneficiaries: Former Mexican Migrant Workers or, where appropriate, their spouses, or concubines who credit their quality by resolution legal persons, or children, or legitimate heirs who survive and who comply with the requirements referred to in Article 6. of this Law;
II. Commission: Special Commission to Follow Up to the Funds of the Mexican Workers of the Chamber of Deputies of the Congress of the Union;
III. Technical Committee: the Technical Committee of the Trust referred to in Article 3o. of this Law;
IV. Former Migrant Workers Mexicans: persons who have been hired by the Government of the United States of America or employers of that country under the Migrant Workers Program 1942-1964;
V. Trust: the Trust constituted in accordance with the provisions of this Law;
VI. Trusts: the Federal Government, through the Secretariat of Finance and Public Credit;
VII. Fiduciary: the credit institution with which the Trust holds the Trust in terms of this Law;
VIII. Law: the Law creating the Trust that will administer the Social Support Fund for Former Migrant Workers Mexicans 1942-1964;
IX. It is repealed
X. Segob: the Interior Secretariat.
Article 3o.- The Trust will have a Technical Committee that will be composed of a representative of each of the following dependencies of the Executive Power Federal: the Secretariat of Finance and Public Credit, the Secretariat of Government, the Secretariat of Social Development, the Secretariat of Foreign Relations and the Secretariat of the Civil Service; and as a permanent guest, a representative of the Government Legislative. For each representative owner there will be an alternate, who must fill in his/her absences.
The Trust will not have its own organic structure, so it does not fall within the assumptions of Articles 47 of the Organic Law of the Federal Public Administration and 40 of the Federal Law of ParaState Entities.
Article 4o.- The Support Fund for Mexican Migrant Workers, which will be the property managed by the Trust, will be constituted by:
I. The resources approved in the Federation Budget for Fiscal Year 2005, in accordance with the provisions of the Fifth transitional article of this Law;
II. The contributions that are made free of charge by the States and the Federal District Government, in terms of the collaboration agreements that they subscribe to the Trust in accordance with the provisions of this Law;
III. The products that are generated by the investment and administration of the resources and assets with which that Fund is counted;
IV. The goods to be provided to the Fund, and
V. Other than other concepts, they are provided for the best fulfillment of their purposes.
The assets of the Trust may be increased by contributions from the budget items for subsequent financial years, as well as contributions made by the governments of the States and the Federal District Government.
The activities carried out in execution of the purpose of the Trust will only be supported by the resources provided to the Support Fund for Ex Mexican Migrant Workers, with the limits and in the terms provided for in this Law, so the Federal Government and the State ParaState Public Administration entities will not be able to take responsibility or guarantee these operations, as well as also assume no responsibility for compliance with the object of the Trust.
Article 5o.- The Technical Committee shall have, in a more non-limiting manner, the following powers:
I. Set the operating rules for which the end of the Trust will be governed;
II. Develop and publish the bases and procedures through which it is authorized to grant social support only once, by the base quantity of 38 thousand pesos in a single exhibition;
III. Grant the supports, based on the operating rules that will be issued and must be observed in any case the following order of prelation:
a) Exworkers who credit their terminal illness status through a medical certificate issued by a public health institution.
b) preference should be given to older workers than those of a minor age.
c) Migrant Workers from the period 1942-1946, and
d) Migrant Workers up to the 1964 period.
IV. Decide the rules and determine the procedures for the administrative acts to be performed on the resources referred to in the Article 4. of this Act;
V. To comply with the provisions of transparency and oversight of the public resources of the Trust, in accordance with the regulations in the field, for the purpose of the Trust's resources being applied in a transparent manner;
VI. Authorize the conclusion of acts, conventions and other legal acts that may result in affectations to the Trust's assets, as well as those that are necessary for the fulfillment of their purposes;
VII. Evaluate the operational aspects of the Trust periodically;
VIII. Review and approve, where appropriate, the reports that the Trust will give on management of the fideicomitting heritage;
IX. To monitor that the resources to be provided to the Trust are intended for the purpose of the Trust, without prejudice to the in the administrative provisions;
X. Define the criteria and dictate decisions on the exercise of the actions that come with the defence of the assets of the Trust, communicating in writing those rules and resolutions to the Trustee;
XI. To instruct the Trust of the persons to whom the duties or powers to be conferred are to be fulfilled. secondary, related and related to the trust or to the defense of the fideicomitting patrimony, expressly indicating when the president (s) may delegate his or her powers to third parties, and
XII. Propose the modifications that are intended to be made to the Trust.
XIII. Exercise and allocate the assets of the Trust, economic resources that enable it to comply with the obligations imposed on it by this law, and
XIV. Promote to the competent authorities, complaints or complaints for possible irregularities that warn in the documentation presented by the likely beneficiaries.
Article 6o.- They will be beneficiaries of the supports referred to in this order by the former Mexican Migrant Workers or their spouses or concubines, or sons or daughters, or in the absence of the foregoing, their legitimate heirs declared in judgment issued by competent judicial authority, which comply with the following requirements and conditions:
That they comply with the presentation of an official identification (voter's credential, passport or National Military Service card) that accredits them as Mexican citizens.
Who credit Mexican migrant workers with one or more of the following original documents:
a) Individual work contract, held by any company or contractor in the United States of America, under the Workers ' Program Mexican Migrants 1942-1964.
b) Payment Proof issued by the contractor referred to in (a) above.
c) Consular identification card (coffee mica).
e) Honorific Mention, issued by the Department of Labor of the United States of America, which forcibly binds the former worker Mexican migration with the Bracero Program 1942-1964, duly apostilled.
IV. Dealing with a beneficiary other than the former Mexican Immigration Worker, the probative documentation must be:
1. For the surviving spouse:
a) The documents mentioned in section I of this article.
b) Official identification.
c) Marriage Act.
d) Social Security, derived from the work contract of the Bracero Program, during the years 1942-1964, apostille.
2. For sons and daughters:
a) The documents mentioned in section II of this article.
b) Official identification.
c) The death act of the former Mexican Immigration Worker and his spouse.
d) Birth Act.
e) Judicial resolution stating the appointment of executor, or letter of common agreement between siblings, specifying the beneficiary.
3. For concubine:
a) The documents mentioned in points (b) to (e) of the numeral 2 of this fraction.
4. For legitimate heirs:
a) The documents mentioned in section III of this article.
b) Official identification.
c) Defunction Act of the former Mexican immigration worker.
d) Judicial resolution on the quality of the legitimate heir.
Article 7o.- The application of the resources to be completed for the purposes of the Trust by the Federation shall be made a day following the publication of the rules of operation referred to in Article 5o. of this Law.
Agreements with federal entities and the Federal District may be formalized for the purpose of increasing the wealth of this Trust.
Article 8o.- The ratio of the contributions made by the Trust to the beneficiaries in terms of this Law must be published in the Official Journal of the Federation and advertised in the media in charge of the official times available to the State.
Article 9o.- Ex-workers or their beneficiaries entitled to receive the support provided for in this Law, upon receipt, will accept in writing to free the Government of Mexico and its dependencies, as well as any other Mexican public institution, including autonomous bodies, of any past, present and future claims related in any way to the International Agreements that gave birth to the Mexican Migrant Workers Program, without to reserve any legal right or action that may correspond to them under those Agreements.
The support granted by this Law shall not be deemed to be compensation, compensation or any remuneration in favour of any holder or beneficiary.
First.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Second.- The period during which the Trust will operate that will administer the Social Support Fund for Former Mexican Migrant Workers will be five years or less counted from the beginning of their activities, or until the moment their activities are extinguished. heritage, or be fulfilled to the end object of its creation.
Third.- The Technical Committee shall publish the operating rules referred to in Article 5o. Part I, at the latest within 45 working days of the subscription of the Trust referred to in this Law.
Fourth.- At the end of the process of delivery of the social support referred to in this Law, the Federal Executive shall initiate the procedure of extinction of the Trust, in accordance with the applicable provisions. If, at the end of the Trust's operation, remnants of public resources exist, they will be reintegrated into the Federation's Treasury. Once the Trust has been extinguished, this Law will lose its validity.
Fifth.- For the purpose of complying with the provisions of this Law, the resources approved in Annex 17 of the Decree of Budget of the Federation for Fiscal Year 2005, for the Fund for the Payment of Adeudos to Braceros Migrants from 42 to 64, will be transferred to the Trust's estate.
Sixth.- To this effect, the Technical Committee of the Trust will have to present to the Chamber of Deputies, through the Special Commission to follow up to the Mexican Workers ' Funds, a quarterly report on the progress of their management that allows them to know their financial situation and determine, where appropriate, the amount to be budgeted for the following year.
Mexico, D. F., as at 28 April 2005. -Dip. Manlio Fabio Beltrones Rivera, President.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Marcos Morales Torres, Secretary.-Sen. Sara I. Castellanos Cortés, Secretary.-Rubicas.
In compliance with the provisions of Part I of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I request the present Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-four days of May of two thousand five.- Vicente Fox Quesada.-Heading.-The Secretary of Governorship, Santiago Creel Miranda.-Heading. Director General, Manuel Zubiria Maqueo.-Heading.