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GRANTS BONIFICACIA " N FOR VOLUNTARY RETIREMENT TO HEALTH SECTOR OFFICIALS INDICATING

Original Language Title: OTORGA BONIFICACIÓN POR RETIRO VOLUNTARIO A LOS FUNCIONARIOS DEL SECTOR SALUD QUE INDICA

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LAW NO. 20,921 GRANTS VOLUNTARY RETIREMENT BONUS TO HEALTH OFFICIALS INDICATING Having present that the H. National Congress has given its approval to the following Bill: " Article 1 °.-Grant a withdrawal bonus voluntary, for one time, to the following officials and officials: (a) The officials and officials of the plant and the contract staff who perform in one of the Health Services referred to in Article 16 of the decree with force of law Nº1, 2005, of the Ministry of Health, in the Subsecretariats of the Ministry of Health Health, in the Public Health Institute of Chile and in the Central System of Supply of the National System of Health Services, which are simultaneously governed by the decree with force of law Nº29, 2005, of the Ministry of Finance, and by the decree Law Nº249, 1973, provided that they comply with the requirements of age and voluntary resignation established in the next and the others who demand this law. (b) The officials and officials of the health establishments of an experimental nature created by the decrees with force of law Nos 29, 30 and 31, all of the year 2001, of the Ministry of Health, excluding those governed by the scale A) contained in the The Ministry of Health, which establishes its remuneration systems or those that replace it for such staff, provided that they comply with the established age and voluntary resignation requirements. in the following paragraph and the others required by this law. (c) Professional officials and professional staff members are affected by the laws of laws Nº 15,076 and 19,664, which have been transferred and transferred from the Health Services to the Public Health Secretariat under the provisions of the the decree with force of law No. 5, 2006, of the Ministry of Health, provided that they comply with the requirements of age and voluntary renunciation established in the following paragraph and the others that require this law. The staff referred to in the preceding paragraph shall be entitled to the voluntary withdrawal allowance provided that between 1 July 2014 and 30 June 2024, they have completed or are 60 years of age, in the case of women, and 65 years of age, if are men. In addition, such officials and officials must communicate their decision to voluntarily resign, and then make the waiver effective, within the time limits and in accordance with the rules contained in this law and those that the regulation establishes. The voluntary retirement allowance shall be equivalent to one month of taxable remuneration for each year of service and a fraction of more than six months, provided in one of the bodies referred to in the first subparagraph, with a maximum of 11 months. The remuneration to be used as the basis for the calculation of the voluntary retirement allowance shall be that resulting from the average monthly taxable remuneration paid to the official or official during the 12 months. immediately prior to retirement, updated according to the Consumer Price Index determined by the National Statistics Institute. Article 2.-They shall also be entitled to the voluntary withdrawal bonus of the previous Article, the officials and officials of the institutions referred to in the first subparagraph of that Article and the staff transferred to the referred to in Article 1 (2) of Regulation (EU) No 1308/2013 of the European Union and of the Council of the European Union and of the European Union, of the European Union, of the European Union, of the European Union, of the European Union, of the European Union, of the European Union and of the European Union, establish the regulation and make its voluntary waiver effective no later than the first day of the fifth month following the the deadline for fixing the final date of withdrawal, as provided for in Article 3. Officials who have been more than 60 years of age and less than 65 years of age until 1 July 2014 may participate in any application process up to that in which they are 65 years of age according to the provisions of the the regulation. If they do not apply for voluntary retirement allowance in the process for the age of 65, the provisions of Article 15 shall apply to them. Officials and officials referred to in this Article may also access the benefits referred to in Articles 9, 11, 12 and 13, provided that they meet the respective requirements. Article 3.-The voluntary retirement allowance may be granted up to a total of 22,000 beneficiaries and beneficiaries. For the year 2016, 4,000 quotas will be consulted. For the years 2017 to 2024, 2,250 cupos will be contemplated for each annuity. However, quotas that would not have been used in the years 2016 to 2018, including, will increase the quotas for the year 2019. From this last year, quotas that are not used in each annuity will increase the quotas for the following year. In order for officials and officials to access the voluntary retirement allowance, they will have to apply in their respective employer institution within the deadlines set by the regulation, communicating their decision to voluntarily resign. The institutions referred to in the first paragraph of Article 1 shall refer the applications to the Assistant Secretary of the Assistant Network, which shall be determined by resolution of the beneficiaries and beneficiaries of the quotas for one year. In the case of a higher number of applicants than quotas available in one year, they will be selected according to the following criteria: first of all, the older ones according to the date of birth; on equal terms of age, It will be unpacked according to the largest number of days of medical licenses according to what the regulation determines. If equality persists, the highest number of years of service will be considered in the institution and then the highest number of years of service in the State Administration. In any case, if all the selection criteria are applied, equality will continue, the Assistant Secretary of Networks will decide. The resolution referred to in the second subparagraph shall contain the listing of all applicants who qualify for the voluntary retirement allowance. In addition, this resolution shall contain the individualisation of the beneficiaries and the beneficiaries of the available quotas and the other matters defined by the Regulation. Once the decision referred to in the second subparagraph is given, the Assistant Secretary for Assistant Networks shall forward it by means of the mechanisms defining the regulation to each of the institutions referred to in the first paragraph of Article 1. These services will be disseminated immediately through means of wide access. Within five working days of the date of the decision of the decision referred to above, the institution shall notify in person, by registered letter addressed to the address, that the official or official is registered with the institution. service or by e-mail to each of the officials and officials who participated in the process of applying for the result of the same. Officials and officials who will be eligible for a voluntary retirement allowance shall inform the Department of Human Resources in writing or the person who fulfils the function in their employer at the latest. the last day of the month following the date of the decision referred to in the second paragraph of this Article, the date on which they will definitively leave office. This date shall be effective no later than the first day of the fifth month following the expiry of the time limit for fixing the date of final voluntary resignation or until the first day of the fifth month in which the date is 65 years of age, if that date is after that. Article 4 °.-If an official or official who is entitled to a quota referred to in the preceding article is withdrawn from his voluntary resignation, the employer institution shall inform the Assistant Secretary of the Assistant Network for an immediate term of that the quota should be reallocated strictly in accordance with the order of the list contained in the resolution which the beneficiaries and beneficiaries of the respective year have determined. Women under 65 years of age who have been selected with a quota will not be able to keep them for the next few years, and should be repostulated, in accordance with the rules laid down in the regulation. The official or the official to whom the quota of the person is assigned shall have the maximum period of time to set the date of his voluntary resignation on the last day of the month following the date of the judgment given to him by the quota. Such waiver shall be effective until the first day of the fifth month following the expiry of the period for fixing the final date of resignation or until the first day of the fifth month in which he is 65 years of age if that date is later than that. Article 5 °.-The applicants and the applicants for the voluntary retirement allowance who, in compliance with the requirements for access to it, are not selected or selected for lack of quotas, will pass on to integrate the list of selected and selected from the corresponding process the following year, without the need for a new nomination. Once they have been incorporated into the beneficiary's payroll and beneficiaries, if they remain available, they will be completed with the candidates and the candidates for that year that will be selected and selected. Article 6.-The regulation shall define the dates of application for the voluntary retirement allowance according to the year in which the officials and officials are 65 years of age. All in all, female officials will be able to apply for the voluntary retirement allowance in any of the I would like to make it clear that the Commission is not going to be in a position to do so, but I would like to make it clear. If they do not run in the latter process, the benefits of this law will be understood irrevocably. In the case of women who are between 60 years and 65 years of age, between 1 January and 30 June 2024, they will be able to apply in the corresponding process for that year as defined in the regulation, and if they are selected they will have to make their voluntary renunciation, at the latest, until the first day of the fifth month following which they are 65 years of age, retaining the quotas obtained during that period. Article 7 °.-The payment of the voluntary retirement allowance shall be made by the institution in which he or she has performed, and shall be made no later than the month following the date on which the waiver is effective. voluntary. This bonus will not be taxable or will constitute income for any legal effect and will therefore not be affected at any discount. Article 8 °.-The ages required to impose the allowance referred to in Article 1 may be reduced in the cases and situations referred to in Article 68a of Decree-Law Nº 3,500 of 1980 for the same reasons, procedure and time computable. However, officials and officials may apply for the reduction of years to which they are entitled in the period or periods corresponding to that reduction until they are 65 years of age. Officials and officials who are in accordance with the provisions of the foregoing paragraph must accompany a certificate issued by the Social Welfare Institute or the Pension Fund Administrator, as appropriate, that accredit the situation. referred to in Article 68a of Decree Law Nº 3,500 of 1980. The certificate must indicate that the official or official complies with the requirements necessary to obtain a reduction of the legal age to penalize for old age, in any pension system, for the performance of tasks qualified as (a) the value of the goods in question, and in respect of which the price of Article 17a of Decree Law No 3,500 of 1980, or certificate of advance payment of the recognition voucher has been made for carrying out heavy work during the period of membership of the former system according to the third paragraph of article 12 of the aforementioned decree law, according to corresponds. Article 9-Grant, for a single time, an additional bonus, from a tax charge, to officials and officials who, under the voluntary withdrawal bonus of Article 1, have the date on which the waiver is effective. voluntary 10 or more years of service, continuous or discontinuous, in the institutions referred to in Article 1, provided that they are affiliated and affiliated to the pension system established in Decree Law Nº 3,500 of 1980, and that they are have been listed, as appropriate, in that system. The additional bonus shall be equal to five hundred and sixty units of promotion, on the basis of an ordinary working day of forty-four hours per week, calculated in proportion if it is lower. If the official or official has partial days, it will be necessary to give up all of them to access the benefit. The payment of the additional bonus shall be made by the employer at the latest in the month following the date of the waiver. This bonus will not be taxable or will constitute income for any legal effect, and consequently, it will not be affected at any discount. The value of the promotion unit to be considered for the calculation of the benefit shall be that in force on the day corresponding to the cessation of duties. Article 10.-Officials and officials of the institutions referred to in the first paragraph of Article 1 (1) which, between 1 July 2014 and 30 June 2024, have obtained or obtain the invalidity pension provided for in the decree Law Nº 3,500 of 1980, which in that period, has complied or is 60 years of age in the case of women and 65 years of age in the case of men, may access only the benefits of Articles 1 and 9, provided that the other requirements necessary for their perception. In this case, the seniority requirement for the purposes of the additional bonus shall be calculated on the date of termination of the duties for the purpose of obtaining the said pension. The staff referred to in the foregoing paragraph shall apply to the benefits in their respective employer within the time limits determined by the regulation, once they have met the age requirement specified in the preceding paragraph. Beneficiaries and beneficiaries who have access to a quota of those referred to in Article 3 shall be included and included in the decision referred to in that Article. If I do not run within the prescribed period, it is understood that the benefits are irrevocably waived. Those who have been assigned a quota shall receive the voluntary withdrawal allowance calculated in accordance with the provisions of Article 1. For the purposes of the additional bonus, the value of the promotion unit shall be the value of the last day of the month immediately preceding the payment. The payment of the benefit to them shall be made in the month following that of the total processing of the administrative act granting it. Article 11.-Officials and officials who receive the additional bonus of Article 9 °, who serve a position in the plants of professionals, managers and fiscalizers, or those assimilated to any of the plants listed above, or that they receive the professional assignment of article 3 of Decree Law No. 479, 1973, will also have the right to a special bond of permanent tax office, of five units of promotion for each year of service for over the twenty years, the date on which the voluntary waiver is effective, with a maximum of one hundred promotion units, for a day of forty-four hours per week, calculated in proportion if it is lower. For the purposes of this Article, the years of services to be counted shall be those performed continuously in the institutions referred to in Article 1, to the date of voluntary resignation. The payment of this bonus shall be made by the employing institution and shall be made no later than the subsequent month of termination of office. It shall not be taxable and shall not constitute an income for any legal effect and shall therefore not be affected at any discount. The value of the promotion unit to be considered for the calculation of the benefit shall be that in force on the day corresponding to the cessation of duties. Article 12.-Officials and officials who receive the additional bonus of Article 9º shall be entitled to a bonus for seniority, of a tax charge, of ten units of promotion for each year of service for over the thirty years counted towards the the date on which the voluntary waiver, with a ceiling of one hundred units of promotion, is made effective for a period of forty-four hours per week, calculated in proportion if it is lower. For the purposes of this Article, the years of service to be counted shall be those continued in the institutions referred to in Article 1, to the date of voluntary resignation. The payment of this bonus shall be made by the employer at the latest in the month following the date of termination of office. It shall not be taxable and shall not constitute an income for any legal effect and shall therefore not be affected at any discount. The value of the promotion unit to be considered for the calculation of the benefit shall be that in force on the day corresponding to the cessation of duties. Article 13.-Officials and officials who receive the voluntary retirement allowance, and who are in the process of carrying out or crediting the work as heavy goods in the institutions referred to in Article 1 (1) of the voluntary waiver, they shall be entitled to a bonus for heavy duty, of tax charge, of ten units of promotion for each year that they have listed or are certified in such quality, with a maximum of one hundred units of promotion. The payment of this bonus shall be made by the employing institution and shall be made no later than the subsequent month of termination of office. It shall not be taxable and shall not constitute an income for any legal effect and shall therefore not be affected at any discount. The value of the promotion unit to be considered for the calculation of the benefit shall be that in force on the day corresponding to the cessation of duties. Article 14.-The staff applying for the voluntary retirement allowance shall be entitled to submit the application for access to the bond provided for in law Nº 20.305, at the same time as the date of voluntary resignation, as provided for in Article 14. the procedure laid down in this law. For this purpose, the time-limits and time limits laid down here shall be considered, without being applicable in respect of the 12-month time-limits laid down in Articles 2, 5 and 3 of Law No 20.305. The bond set forth in law N°20.305 is compatible with the benefits set forth in this law. Article 15.-Staff who, in compliance with the requirements laid down by this law, do not apply for the voluntary withdrawal bonus within the time limit set for this, or do not report the date on which they will make their voluntary resignation effective, or not effective within the time limits laid down in this law, it shall be understood that it irrevocably renounces the benefits which it grants. Article 16.-The personnel who receive the benefits of this law shall waive all charges and the total number of hours served by the time limits specified in this law. Staff who perform in more than one establishment of those referred to in Article 1 shall give up all the hours and appointments or contracts which they have in them. Officials and officials who cease their employment by virtue of the provisions of this law may not be appointed or hired as such, or on the basis of fees, in any of the bodies referred to in Article 1. during the five years following the end of their employment relationship. The above, except that they have previously returned all the benefits received, duly adjusted for the variation of the Consumer Price Index, determined by the National Statistics Institute, between the month of the payment of the the respective profit and the month before the refund, plus the current interest for readjustable transactions. The benefits referred to in this law are incompatible with any other incentive for withdrawal that the official would have received or would have previously worked in connection with his or her voluntary resignation from office or function. Similarly, those who benefit and benefit from this law will not be able to use the same years of service to access other laws that grant bonuses or benefits associated with the voluntary retirement, nor will they be able to use years of services that would have been considered for other retirement incentives. The benefits of this law are incompatible with any compensation or bonus that may correspond to the official or official, regardless of the term of the employment relationship or years of service, regardless of their origin and the payment of the service. the employer. Article 17.-A regulation issued by the Ministry of Health, which will also be signed by the Minister of Finance, will determine the periods of application for benefits, and may set different deadlines for those officials and officials who had the requirements met with the date of publication of this law and those who are complying with them during their implementation. You may also establish the procedure for granting and paying the benefits of this law. The Regulation shall also determine the applicable procedures for the inheritability of profits, in accordance with the general rules governing succession for the purposes of death, as well as the other rules necessary for the application of this law. If the official or official dies between the date of his or her application for access to the benefits of Articles 1, 9, 11, 12 and 13, as appropriate and before he or she receives them, and provided that he complies with the requirements laid down in this Law to access the same, they will be transmissible by cause of death. This benefit shall be subject to the first paragraph of Article 3. The regulation dealing with this article must be issued within 90 days of the date of publication of this law. TRANSITIONAL PROVISIONS Article 1.-Officials and officials who, having been in the institutions referred to in Article 1, have ceased to be acting by voluntary resignation or for obtaining an old-age pension in accordance with the provisions of Article 1 (1) of the Treaty. with Decree Law No 3,500 of 1980, between 1 July 2014 and the day before the date of publication of this law, and that in that period, the women and 65 years of age, the men, will be entitled to receive only the bonuses as set out in Articles 1 and 9. The above, provided that they submit the respective application to their former employer within thirty days of the publication of the law and comply with the specific requirements to impose the aforementioned benefits. Beneficiaries and beneficiaries who have access to a quota as referred to in Article 3 shall be included in the decision referred to in that Article. If they do not run within the prescribed period, the benefits shall be deemed to be irrevocably waived. Those who have been assigned a quota shall receive the voluntary withdrawal allowance calculated in accordance with the provisions of Article 1. For the purposes of the additional bonus, the value of the promotion unit shall be the value of the last day of the month immediately preceding the payment. The payment of the benefit to them shall be made in the month following that of the total processing of the administrative act granting it. Article 2.-The largest fiscal expenditure that represents the implementation of this law during the first financial year will be financed from the budget of the Ministry of Health. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading of the Treasury, may supplement that budget in the part of the expenditure that cannot be financed from these resources. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 7 June 2016.-MICHELLE BACHELET, President of the Republic.-Carmen Castillo Taucher, Minister of Health.-Rodrigo Valdés Pulido, Minister of Finance. Transcribed for your knowledge Law of the Republic N ° 20.921 of 07-06-2016.-Salutes intently to Ud., Jaime Burrows Oyarzun, Undersecretary of Public Health.