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GRANTS TO THE OFFICIALS OF THE INSTITUTE OF AGRICULTURAL DEVELOPMENT (INDAP), SPECIAL CONDITIONS FOR THE VOLUNTARY RETIREMENT, FOR THE PERIOD INDICATED, AND OTHER INCENTIVES FOR RETIREMENT

Original Language Title: OTORGA A LOS FUNCIONARIOS DEL INSTITUTO DE DESARROLLO AGROPECUARIO (INDAP), CONDICIONES ESPECIALES PARA LA BONIFICACIÓN POR RETIRO VOLUNTARIO, POR EL PERÍODO QUE INDICA, Y OTROS INCENTIVOS AL RETIRO

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LAW NO. 20,692 GRANTS TO OFFICIALS OF THE INSTITUTE OF AGRICULTURAL DEVELOPMENT (INDAP), SPECIAL CONDITIONS FOR THE VOLUNTARY RETIREMENT ALLOWANCE, FOR THE PERIOD IT INDICATES, AND OTHER INCENTIVES TO THE RETIREMENT Having present that the H. Congress National has given its approval to the following Bill: " Article 1.-Plant and contract officials to perform at the Institute of Agricultural Development, which in the period from 1 August 2010 to 30 June of 2014, both dates inclusive, have met or are 60 years of age if they are women or 65 years of age if are men, who cease in their positions by acceptance of their voluntary resignation within the time limits referred to in point (b) of this Article, and by 31 March 2015 at the latest, shall be entitled to receive the voluntary retirement allowance which grants Title II of Law No 19,882, with the special conditions indicated below: (a) The maximum of months laid down in the second indent of Article 7 of Law No 19,882 shall be eleven months, equal to men and women. (b) The time limits laid down in the second paragraph of Article 8 of Law No 19,882 shall be replaced by the following: i.-Officials and officials who have been 65 or 60 years of age, respectively, between 1 August 2010 and the the day before the date of publication of this law, they shall communicate their decision to voluntarily resign from their position within sixty days of the publication of this law, indicating the date on which it will leave the law, which shall not may exceed 31 December 2013. ii. Officials and officials who are 65 or 60 years of age, respectively, between the date of publication of this law and June 30, 2014, shall communicate their decision to voluntarily resign from their position within the first quarter 2014, indicating the date on which they will leave the same, which may not exceed 31 March 2015. However, the officials who are in any of the situations mentioned in this letter may submit their voluntary resignation to their position in any of the periods indicated in the previous numerals, setting at the same opportunity the date on which they shall leave office, which shall not exceed 31 March 2015. (c) The allowance corresponding to the official shall not be affected by the reduction of months provided for in Article 9 of Law No 19.882. (d) The maximum limit of remuneration to be considered for the calculation of the allowance set out in the fourth indent of Article 7 of Law No 19,882 shall be one hundred units of promotion. (e) Staff who, in compliance with the requirements set out in this Article, do not run for the periods indicated in this Law and, consequently, do not make use of the benefits granted, shall be deemed to have irrevocably waived these and shall remain subject to the rules laid down in Title II of Law No 19.882. (f) In whatever is not incompatible with this law, the provisions of Title II of Law No 19.882. shall apply. Article 2.-The plant and contract officials of the Agricultural Development Institute that are in accordance with the provisions of Article 1 shall be entitled to receive, for one time, an additional tax charge equivalent to the sum of 395 units of promotion, provided that they are affiliated to the pension system established by decree law Nº3,500 of 1980, which are listed in that system or have been listed in that system, and that at the date of the waiver they have 20 or more more years of service in the institutions listed in the first paragraph of article 8 of the law Nº19,882, continuous or discontinuous. For the purposes of this last requirement, the time that the official has been held at the Institute for Agricultural Development pursuant to Article 11 of Law No 18,834, the recast, coordinated and systematized text of which was established by the decree with force of law No. 29, 2005, of the Ministry of Finance. The recognition of the discontinuous periods shall be subject to the provisions of the third paragraph of Article 7 of Law No 19.882. The value of the promotion unit to be considered for the calculation of the additional bonus shall be that in force on the day corresponding to the cessation of duties. The additional bonus will be paid on the same opportunity as the bonus referred to in article 1, will not be taxable or will constitute income for any legal effect and will therefore not be affected at any discount. Likewise, those who perceive it shall be affected by the provisions of Article 10 of Law No 19.882. Article 3.-Officials who apply for the voluntary retirement allowance awarded under Title II of Law No 19,882, subject to the special conditions set out in Article 1, shall be entitled to submit the application for access to the voucher. of the law Nº20,305, together with the application to that law, even if the deadline to apply for such bonus is expired. For this purpose, the periods and ages laid down by this law shall be considered, without the period of twelve months specified in Articles 2, 5 and 3 of Law No 20.305. Article 4.-Officials who are beneficiaries of the withdrawal allowance in accordance with Article 1 shall be entitled, for one time, to a tax charge equivalent to the sum of ten promotion units for each year Additional service for over forty years of continuous or discontinuous services in the institutions referred to in article 2 of this law. For these purposes, the time that the official has been held at the Institute of Agricultural Development according to Article 11 of Law No 18,834, whose consolidated, coordinated and systematized text was set by him, will also be computed. Decree of Law No. 29, 2005, of the Ministry of Finance. The bonus established by this article shall be applicable to the provisions of the second and third subparagraphs of Article 2 of this Law. Article 5.-The National Director of the Agricultural Development Institute may declare vacancies up to 15 posts served by officials and officials who served, before 1 August 2010, 65 years of age. The National Director may also exercise this power in respect of officials who were between 60 years of age and less than 65 years of age, for which the consent of them shall be required prior to the date of The declaration of vacancy is 65 years of age or older. The National Director may exercise this power until 30 June 2014. Officials and officials whose positions are declared vacant pursuant to the foregoing paragraph shall be entitled to the benefits referred to in Articles 1 and 2 of this legal body provided that they comply with the respective requirements. However, the provisions of Article 1 (b) shall not apply to them and the causal relationship to the cessation of their acceptance of voluntary renunciation by the declaration of vacancy referred to in this Article shall be replaced. The National Director may apply to officials and officials to contract the provisions contained in the above, with the same requirements and benefits, asking them to waive their charges. Transitional articles Article 1.-Staff who have belonged to the Institute of Agricultural Development, have ceased their duties by voluntary resignation or to obtain an old-age pension in accordance with Decree Law No 3,500, From 1980, to count from December 1, 2012 and until the day before the publication of this law, complying with the ages fixed by article 1 of this law and which has received the bonus for the withdrawal of Title II of Law No 19,882, Exceptionally, you shall be entitled to receive the allowance provided for in Article 2 of this body legal, if you meet the specific requirements for your perception. To this end, such staff must submit an application to their former employer within thirty days of the publication of this law. Article 2.-The greatest fiscal expenditure that represents the implementation of this law during the years 2013, 2014 and 2015, will be financed with the resources of the current budget of the Agricultural Development Institute. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading 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, September 30, 2013.-SEBASTIÁN PINERA ECHENIQUE, President of the Republic.-Luis Mayol Bouchon, Minister of Agriculture.-Felipe Larraín Bascunan, Minister of Finance. What I transcribe to you for your knowledge.-Salute attentively to you-Alvaro Cruzat O., Assistant Secretary of Agriculture.