NO. 20.894 EXTENSION OF THE OBLIGATION TO LIST THE INDEPENDENT WORKERS AND ADAPT TO THE PROVISIONS OF THE PENSION SYSTEM THAT INDICATES, bearing in mind that the National Congress has given its approval to the following bill: " Article 1. Introduce the following amendments to the decree Law No. 3,500 of 1980, which establishes the New Pension System: 1. At the end of Article 19 (14), the sentence below is added to the sentence, passing the next point to be followed: " With everything, the Administrators will not be able to pursue, in accordance with the provisions of Article 1 of the Law No 17.322, the collection of the pre-viewing contributions payable by the independent workers referred to in Article 89, for the income referred to in Article 90 (1). " 2. Intercalase in the second indent of Article 92 A, following the second point followed, which becomes a comma, the following sentence: " together with the details of the insolute balances referred to in Article 92 G and the other necessary information for the fulfilment of this Title. " 3. Replace Article 92 G by the following: " Article 92 G.-If the amounts referred to in the numeral (iii) of the first subparagraph of the previous Article are less than the contributions which are to be paid, they shall be paid in the first place For the purposes of financing the insurance referred to in Article 59; second, the Social Security contributions of Law No 16,744; thirdly, those for the financing of the compulsory contribution for the pension established in the first paragraph of Article 17 and the commission referred to in Article 28; fourth, the outstanding outstanding amounts of the contributions referred to in the order immediately preceding, which may not have been covered in the preceding years, adjusted in accordance with the provisions of Article 19 (10); and, in the fifth place, the health contributions referred to in the first indent of Article 92. '; 4. Delete in Article 92 H the first paragraph, passing its current second indent to be first and so forth. Article 2.-Introduces the following amendments in Law No 20.255, which establishes Pension Reform: 1. Amend Article 88 in the following sense: (a) Reposition in his third subparagraph the sentence " The corresponding contributions shall be calculated on the basis of the same income by which the said workers make their pension contributions and shall not be considered as income for the purposes of the Law on Income Tax. ", for the following:" The contributions shall be calculated on the basis of the income declared monthly by the independent worker, without prejudice to the provisions of the fifth indent of this article. These contributions shall not be considered as income for the purposes of the income tax law. "(b) Replace in point 4 the sentence" within the first ten days of the month following that in which the taxable income was accrued. Where that period expires on Saturday, Sunday or holiday, it shall be extended until the following first working day. 'for the following:', until the last working day of the calendar month following that to which the declared income corresponds. ' (c) Seventh indent in the following sense: i. Interleave between the expressions "shall be reliqued" and "the pecuniary benefits", the words "or shall grant". ii. Replace the expression "that had become established in your favor" by "of the Social Security referred to in Law No. 16,744 that you have corresponded to". iii. Replace the term "social security" with the phrase "for Social Security against Risks of Accidents of Work and Professional Diseases referred to in Law No. 16,744". (d) Replace its eighth and ninth incites by the following: " The independent workers referred to in this Article, prior to the whole of the first quotation for the insurance, must register in one of the bodies Social Security Administrators of Law No. 16,744. For the purposes of reliquidation, independent workers who are not attached to a mutuality of employers shall be deemed to be members of the Employment Security Institute. In order to be entitled to the benefits of Law No 16,744, the independent workers concerned shall be registered with an administrative body prior to the accident or the diagnosis of the disease. In addition, they must have found the contribution corresponding to the preceding month to the one in which the accident occurred or the diagnosis of the occupational disease took place, or at least six contributions, continuous or discontinuous, have been paid. the last 12 months prior to the said claims, whether those claims have been made by virtue of their quality as an independent or dependent worker. '(e) Add the following new final indent:' With all the worker who takes the place for the first time to the Social Security of Law No. 16,744 as independent, during the three the first months after registration, shall be subject to the benefits of the person provided that he pays at least the contributions of the month in which the accident occurred or the disease in question was diagnosed, in accordance with the provisions of the "................................................................. (b) Intercalase the following second indent, passing the second and third subparagraphs to be third and fourth, respectively: " The corresponding contributions shall be calculated on the basis of the same income by which the said workers make their pension contributions and will not be considered as income for the purposes of the Income Tax law. The taxable monthly income for these purposes may not be less than a minimum monthly income and not more than the maximum taxable amount resulting from the application of Article 16 of Decree Law No 3,500 of 1980. ' 3. Amend the ninth transitional article in the following sense: a) Replace in its second paragraph the word "three" for "six". (b) to modify its third indent in the following sense: The term "taxable income" and "shall be that laid down" shall include the term "pension contributions". Replace the expression "0.4; 0.7; and 1 for the first, second and third", for "0.4 and 0.7 for the first and second year and 1 for the third, fourth, fifth and sixth". (c) Amend its fourth indent in the following sense: i. Replace the word "fourth" with "seventh". Delete the following sentences: " The 7% contribution to the financing of health benefits shall be made in accordance with the provisions of Article 86 of this Law, to be counted on 1 January of the seventh year following the entry into force of this Law. the provisions referred to in the first subparagraph. Prior to that date these contributions shall be made in accordance with the rules in force at the time of publication of this Law. " 4. Replace the first paragraph of Article 30 (3), with the following first and second incissos, new, passing the current second indent to be third: " Article 30.-Until 31 December 2017, the workers According to the report, the Commission has been able to pay the seven percent contribution to finance health benefits and the contribution to the Social Security Insurance against the Risk of Accidents of Labor. Occupational diseases of Law No. 16,744, in a monthly and independent form. These payments shall be made on the taxable income which they declare for each of these contributions, which may not be less than a minimum monthly income or greater than the taxable amount of Article 16 of Decree Law No 3,500 of 1980. In the period referred to in the preceding paragraph, the reliquidations referred to in the fifth paragraph of both Article 92 of Decree Law No. 3,500 of 1980 and Article 88 of this legal body will not be practiced. " 5. Amend the first transitional article in the following sense: (a) Replace the term "fourth and final" with ", fourth and ninth". (b) To replace the term "In any case, the maximum limit of the taxable income shall be that referred to" by "The taxable amount and the minimum and maximum limit for the payment of the contributions in question shall be governed by the provisions". Article 3.-Introduces the following modifications to the decree with force of Law No. 1, 2005, of the Ministry of Health, which fixes the recast, coordinated and systematized text of Decree Law No. 2,763, 1979, and of Laws No. 18.933 and No. 18.469: 1. Replace in Article 135 (b) the expression "in any legal provision of foresight" by "for health". 2. Replace in numerals 2 and 3 of the second paragraph of Article 149 the term "pension" for "health". 3. Replace in the second paragraph of Article 152 the expression "previsions" by "for health". Article 4.-Add in the first paragraph of article 1 of Law No. 17.322, which establishes the Rules for the Judicial Cooperation of Quotations, Contributions and Multas of the Social Security Institutions, following the separate point, which becomes The following sentence is followed: " In no case shall this law be applied in respect of the pension contributions of the independent workers referred to in Article 89 of Decree Law No. 3,500 of 1980, which establishes the New Pension System, for the income referred to in the first paragraph of Article 90 of that decree. '; TRANSITIONAL PROVISIONS Article 1.-The adjustments to the regulations of the laws modified by the articles perman This law shall be made, as appropriate, before 1 February 2016. Article 2.-The obligation of information that this law introduces in the second indent of article 92 A of Decree Law No. 3,500, of 1980, will not be required in respect of Operation Renta 2016. Likewise, the order of precedence for the payment of the pre-visionary contributions indicated in article 1 of this law, which amends article 92 G of the decree law No. 3,500, of 1980, will begin to govern for Operation Renta 2017. The payment of the pre-viewing contributions that in the Operation Income 2016 must be made in accordance with the number (iii) of the first paragraph of Article 92 F of the aforementioned decree law, shall be made in accordance with the order of precedence Article 92 G of Decree Law No. 3,500 of 1980, in force for the publication of this law. Nevertheless, the insolute balances due to the independent workers referred to in Article 89 of Decree Law No. 3,500 of 1980 for the income mentioned in the first article of Article 90 of the aforementioned decree law, after the reliquidations made in the Income Operations 2013, 2014 and 2015 and their adjustments, interest and fines, will not be paid according to the mechanisms set out in Article 92 F (iii) and in Article 92 G of the said legal body. Article 3.-The Social Security administrative bodies of Law No 16,744 may not pursue the judicial recovery of the contributions payable by the independent workers referred to in Article 89 of Decree Law No. 3,500 of 1980, by way of the aforementioned Insurance, by the income referred to in the first paragraph of Article 90 of the said decree law, after the reliquidations referred to in Article 88 of Law No 20.255 in the Operations Income 2013, 2014 and 2015, that they would not have granted him coverage. Article 4.-The amendments that this law introduces in Article 19 of Decree Law Nº3,500, of 1980, and in article 1 of Law No 17.322 will not produce effects with respect to the causes that are pending at the moment of entry into validity of this law. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 18, 2016.-MICHELLE BACHELET, President of the Republic.-Exxima Rincon González, Minister of Labor and Social Welfare.-Rodrigo Valdés Pulido, Minister of Finance. What I transcribe to you, for your knowledge.-Monica Ferrer Rivas, Social Security Secretary (S).