LAW NO. 19,941 AMENDS THE LAW Nº18.961, CONSTITUTIONAL ORGANIC OF CARABINEROS DE CHILE, AND AMENDS LAW NO. 18,291, WHICH RESTRUCTURES AND ESTABLISHES THE PLANT AND GRADES OF THE PERSONNEL OF CARABINEROS DE CHILE Having present that the H. National Congress has given The following amendments are made to the following bill: " Article 1.-Enter the following amendments in Law No. 18.961, Constitutional Organic of Carabineros of Chile: (a) Replace the first paragraph of Article 38 by the following: " The staff of the Carabineros may remain on a voluntary basis in the institution until the thirty-five years of service, subject to the annual authorization of the General Director, and shall cease (b) Substitute Article 43 (a) by the following: " (a) For the purpose of serving thirty years of effective service in Carabinieri. However, on a voluntary basis, he may remain in the institution until thirty-five years of service, subject to the annual authorization of the Director-General. By serving thirty-eight years of effective service, the withdrawal will be enforced. " Article 2.-Amend article 1 of the law | !|Nº18,291, in order to increase the Plant and Grades of |! | Carabineros of Chile, as follows: NUMBER OF JOBS GRADES I.-SUPREME APPOINTMENT STAFF (A) RANK OFFICERS 1.-Escalafon Of Order and Safety 1 General 3 12 Colonels 5 30 Captains 9 216 Sublieutenants 12 3.-Intrend Escalafon 2 Coronels 5 4 Tenants Coronels 7 4.-Escalation of Complement 5 Colonels, Colonels and Majors 5, 7 and 8 II.-PERSONAL OF (a) PERSONNEL IN ROW 1.-Order and Security Escalations and Services 170 Senior Officers 11 250 Subofficers 12 360 Sargents 1ros. 13 720 Sergeant 2dos. 14 1,200 Cabos 1ros. 15 Article 3.-The increase of the Plant of |! | Carabineros of Chile, according to the provisions of the |! |article 2nd of this law, will materialize according to the |! |following program of annual increases: I.-PERSONNEL OF SUPREME APPOINTMENT A) OFFICERS DE FILA 1.-Order of Order and Security GRADOS 2004 2005 2006 General 3 ° 1 0 0 Coronels 5 ° 4 4 4 Captains 9 ° 15 10 5 Sublieutenant 12 ° 63 73 80 3.-Escalafon de Intendencia GRADOS 2004 2005 2006 Coroneles 5 ° 2 0 0 Teniente Coroneles 7 ° 3 1 0 4.- Scale of GRADOS 2004 2005 2006 Colonels, Lieutenants 2 1 Colonels and Major 5 °, 7 ° and 8 ° II.-PERSONAL DE INSTITUTIONAL APPOINTMENT (A) ROW STAFF 1.-Order and Security Escalations and Services GRADOS 2004 2005 2006 Senior officers 11 ° 57 57 56 Subofficers 12 ° 83 83 84 Sergeant 1 ° 13 ° 120 120 120 Sergeant 2 ° 14 ° 240 240 240 Cabos 1 ° 15 ° 400 400 400 TRANSITORY ARTICLES Article 1 of the transitional provisions.-Facultículo al Presidente |! |de la República para que, through one or more decrees |! |with force of law, issued through the Ministries |! |National Defense and Finance, carry out in the decree |! |with force of law No. 2 (I) of 1968, Statute of the |! | Staff of the Carabineros of Chile, the The following are the changes made to the law |! | No. 18,961, Constitutional Organic of Carabineros de |! | Chile. Also, authorize the President of the Republic |! |to fix the text recast, coordinated and |! |systematized of the decree with force of law No. 2 (I) of |! | 1968, Staff Regulations of the Chilean Carabineros. Article 2.-As long as the powers referred to in the previous article are not used, the decree with force of law No. 2 (I), of 1968, whose text has been recast, will continue to be governed in all that is not contrary to this law. and systematised was fixed by the supreme decree No. 412, of 1991, of the Ministry of National Defense, Deputy Secretary of the Carabinieri. Article 3-Transitional.-In the places of the degree of Sargento 2nd that increase the year 2004, it will be encased to 21 1st Cabos of the Order and the female safety with greater seniority, having the General Director of the Carabinieri, for one time carry out the corresponding pigeonhole. Article 4-Transitional.-To be counted from 1 January 2004 and for a period of five years, the staff of Carabineros who are eligible for retirement with the right to a pension will not be able to exceed, in each year, 1.5% of the total of the staff of the institutional plant existing to December of the previous year. In qualified and duly substantiated cases, by supreme decree, the General Director of Carabineros may be authorized to exceed that percentage. Article 5 transitory.-Set up a |! |stay bonus for staff of |! Row officers | Supreme Nomination and Appointment Row staff |! | Carabinieri Institutional who, to date of |! |publication of this law, accredit be entitled to |! |retirement pension and hold twenty to twenty-nine years of effective service. This benefit will be determined in relation to the |! |years of effective services to the date of publication of |! |this law and with years of effective services to the |! |moment of withdrawal, and will consist of a number of months |! |of your last remuneration taxable, with a ceiling of |! |five, according to the following table: Years of effective services at the time of withdrawal 29 30 31 and more Years of effective services to date of publication of the law 20-26 2 months 3 months 5 months 27 0 2 months 4 months 28 0 0 3 months 29 0 0 2 months Article 6th transitional.-Statue a bonus of |! |stay for the staff of Appointment Row |! | Institutional which, to the date of publication of this |! |law, compute between thirty-thirty and three years of |! |effective services. This benefit will be determined in relation to the |! |years of effective services to the date of publication of |! |this law and with years of effective services to the |! |moment of withdrawal, and will consist of a number of months |! |of your last remuneration taxable, with a stop of |! |three, according to the following table: Years of effective services at the time of withdrawal 32 33 34 35 and Years of more effective services to date of publication of law 30 1 month 2 months 2 months 3 months 31 0 1 month 2 months 3 months 32 0 0 1 month 2 months 33 0 0 0 1 month Article 7 transitional.-The bonds set out in the articles 5 and 6 shall be calculated on the basis of the last taxable remuneration and shall be paid in the value of such remuneration at the time of withdrawal, without any increases. The payment will be made by Carabineros of Chile one year after the withdrawal. Transitional Article 8.-The statutory bonds in the preceding articles shall not constitute remuneration for any legal effect and, consequently, shall not be subject to taxation or to discounts on social or other security. These bonds will not be awarded to the personnel of institutions other than the Chilean Carabineros, even if they are directly or supplanted by the law regarding the Carabineros of Chile. Final Article.-The greatest tax expense that the application of this law represents will be financed with the resources that are contemplated in the budget of the Carabineros of Chile and, in what they do not reach, with charge to those who are included in the budget Public Treasury of the year correspondent. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 13 April 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-Michelle Bachelet Jeria, Minister of National Defense.-José Miguel Insulza Salinas, Minister of the Interior.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What is transcribed for his knowledge, Felipe Harboe Bascunan, Undersecretary of Carabineros. Constitutional Court Draft law amending Law No. 18.961, Organic |! | Constitutional of Carabineros of Chile, and Law No. |! | 18,291, which restructures and fixes the plant and grades of the |! |staff of Carabineros of Chile The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Chamber of Deputies |! |sent the bill enunciated in the rubric, approved |! |by the National Congress, in order that this Court |! |exercise the control of constitutionality in respect of the |! |article 1 of the same, and by judgment of March 10 of |! | 2004, dictated in the cars Rol No 404, stated that it is |! |constitutional. Santiago, March 11, 2004.-Rafael Larraín Cruz, |! | Secretary.