AMENDMENT OF LAW Nº 17.322 AND DECREE LAW Nº 3,500, OF 1980, AND IT DICTATES OTHER RULES OF A RETIREMENT NATURE Having regard to the fact that the National Congress has given its approval to the following Bill: " Article 1.-The following amendments are introduced. Article 12: "Both the order of the award and its suspension must be communicated to the Police of Investigation of Chile, for registration." 2.-Incorporate as Article 13 the following: " Article 13.-Without prejudice to Articles 12 and 14 of this Law, the Article 467 of the Criminal Code to which, to the detriment of the worker or his successors, the money from the contributions which has been deducted from the remuneration of the worker shall be appropriated or distracted. " 3.- Article 22 (1) final point (s), following the end point, which shall be followed: 'This interest shall be capitalised on a monthly basis.' 4.-Add to the end of the first indent of Article 22 (a), following the separate point, which happens to be followed, the following paragraph: " If the declaration is incomplete or erroneous and does not exist A record of the fact that it is malicious to presume that the employer or the entity paying the contributions shall be exempt from that fine within the month following the month in which the respective remuneration was due. In the case of employers of workers at home, the fine shall be 0.2 units of promotion for the event that the contributions are paid in the month following that in which the remuneration of these workers was withheld, and promotion units if they were paid after that date, even if they had not been declared. ' Article 2 °.-Add at the end of the fifth indent of article 2 ° of decree law Nº 3,500, of 1980, following the separate point, which happens to be followed, the following sentence: " The infringement to this norm will be sanctioned with a fine to benefit Tax equivalent to 0,2 units of promotion, the application of which shall be subject to the provisions of Article 19 (6). '; Article 3.-The following amendments to Article 19 of Decree Law Nº 3,500 of 1980: 1.-Add to the end of the fifth indent, following the separate point, which becomes followed, the following sentences: " If the The declaration is incomplete or erroneous, and there is no history to presume that it is malicious, the employer or the entity paying the subsidies that pays the contributions within the calendar month following that in that the respective remuneration was accrued. In the case of employers of workers at home, the fine shall be 0.2 units of promotion for the case where the contributions are paid in the month following the month in which the remuneration of these workers was withheld, and (ii) the following: " If, in a given month, the adjustment and the criminal interest increased in the form indicated in the Previous subparagraph shall result from a total amount lower than the interest for non-readjustable transactions the Superintendence of Banks and Financial Institutions, or the nominal return of the last twelve months on average of all the Pension Funds referred to in Article 36 (2), both increased by 20%, apply the higher of the latter two rates, in which case no adjustment shall be applied. The above-mentioned return shall be the same as in the month preceding the month in which interest is payable, and shall be considered as a fee for the purposes of determining the interest. In any event, in order to determine the criminal interest, the rate in force shall be applied to the first day of the month immediately preceding the month in which it is due. Interest to be determined in accordance with the provisions of the preceding subparagraphs shall be capitalised on a monthly basis. '3.-Intercalse between the current periods 12 and 13, the following points:' In the case of the payment of contributions The rules on the accumulation of cars contained in Title X of Book I of the Code of Civil Procedure will be applied and will be decreed exclusively at the request of any of the Administrative Fund of Pensions involved. The accumulation of cars shall be carried out in the case of the collection of pre-viewing contributions owed to a worker by the same employer, even if the judicial proceedings are initiated by different administrators, corresponding to the accumulation of Newer judgments to the oldest. Similarly, there will be a backlog of causes in respect of a delinquent employer who has workers under his or her dependence affiliated to different Administrators, corresponding to the accumulation of the most new trials to the oldest. " 4.-In the present Paragraph 14, delete its final sentence, which reads as follows: 'Such claims shall enjoy the privilege laid down in Article 2.472 of the Civil Code.' 5.-Replace the present paragraph 15, by the following: ' Readjustments and interests will be paid in conjunction with the value of the contributions in the capitalisation account of the affiliate. The costs of the collection and the part of the surcharge of the interest referred to in the ninth and tenth points, equivalent to 20% of the interest which would have been paid to pay for the simple interest on the costs, shall be of benefit to the the adjusted debt. The difference between that amount and the interest actually paid by the employer calculated in accordance with the provisions of the ninth, tenth and eleventh subparagraphs shall be paid to the affiliate's capitalization account, 6.-The following points are added below: " The limitation period for the termination of the shares for the collection of pre-viewing contributions, fines, adjustments and interest shall be five years and shall be counted from the end of the the respective services. The pre-viewing contributions, fines, adjustments and interests that the Pension Fund Administrators have the obligation to charge, will enjoy the privilege established in Article 2,472 of the Civil Code, retaining this privilege. on the rights of the garment and other guarantees established by special laws. Without prejudice to Articles 12 and 14 of Law No 17.322, the penalties provided for in Article 467 of the Criminal Code shall apply to the person who, to the detriment of the worker or his or her rights holders, appropriates or distracts the money from the contributions which have been deducted from the remuneration of the worker. '; Article 4.-In the social security systems audited by the Superintendence of Social Security, the right to old-age, invalidity and survival pensions, and to retirement pensions for any cause, will be imprinted. In any case, the monthly allowance for invalidity, old age, survivor's pension, retirement for any cause, and other social security benefits arising from or relating to the pension scheme, such as as bonuses, or rebates of contributions or contributions for permanence in services, which are not requested within two years from the date on which the event causing the benefit will occur, will only be paid from the date of submission of the respective application. The same rule shall apply in cases of adjustments, growth, increase or modification of those benefits. The benefits are reviewable on their own initiative or at the request of a party in cases where differences in the computation of periods of affiliation or services are found, in the taxable remuneration considered for the determination of the salary the pension basis, or, in general, where there is any error of calculation or de facto in the liquidation. They are also reviewable when any errors have been made in the application of the laws or any other error of law. The same review and for the same reasons, will proceed with the legal adjustments that the benefit will experience. The revision referred to in the preceding paragraph may only be carried out within three years from the granting of the benefit or the respective adjustment. The differences resulting from the rectification of the errors referred to shall be paid or deducted from the respective benefit, as appropriate, from the moment when the person concerned has been asked, or since the date of the decision of the administrative authority which has the right to rectify it if it is made of its own motion, or from the date of notification of the court case, where appropriate. However, if the claim, the decision of the administrative authority or the notification of the respective claim, have been made within two years of the error in question, the respective differences shall be paid or shall be deducted from the initial date of its occurrence. If the beneficiary is to make a refund on account of the correction, the institution concerned may proceed in the manner provided for in Article 3 of Decree Law Nº 3,536 of 1980. Article 5 °.-In the trials in which the granting, relief, adjustment, rectification, permanence or extinction of the pre-viewing rights are disputed, and in which the Institute of Normative Standardisation, the Caja de Previsión de la National Defense or the Chilean Carabinieri Forecast Directorate, the first instance sentence will always be subject to the consultation procedure in the form provided for in Article 751 of the Code of Civil Procedure. In case the sent The Court of Justice of the Court of Justice of the European Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Union In these judgments and in those cases where the plurality of applicants, in accordance with the provisions of Article 18 of the Code of Civil Procedure, apply, the time limit for answering the application shall be increased by three days for each applicant, with a maximum limit of ninety days. In these same cases, the time limit for objecting to the liquidation of what is due in accordance with the judgment will also be increased by three days for each applicant, and with the same limit. Article 6.-The professional or title assignment, taxable, that currently enjoyed by officials of the Higher Staff of the Judicial Branch, in accordance with the provisions of Article 3 of Decree Law Nº 3.058, 1979, will be computable for the purposes of the calculation of the pension to which they are entitled or to be caused by such officials in the scheme of the former National Fund of Public Employees and Journalists, Public Employees Section, without requiring additional requirements established in the aforementioned legal body or in law Nº 18,880. Article 1 (a) transitional period.-The provisions of Article 4 of this Law shall not apply to persons who have brought an action for a judicial application of their right to a pension before 1 September 1993. In such a case, and once the entitlement to the respective pension, or its readjustment, increase or relief is recognised, if it were to proceed, the benefit shall be payable from the third year preceding the date on which the application was made judicially, if the contingency that causes the pension has occurred before, or from the date of the contingency that causes it if it is later. Transitional Article 2.-The provisions laid down in Articles 1, 1, 3 and 4 and 3 ° N ° 1, 2, 3 and 5 of this Law shall apply only from the first day of the month following the date of their publication in the Official Journal. Those rules shall apply in respect of remuneration payable as of the latter date. Article 3 Transitional.-Retirement and survival pensions caused prior to the validity of this law by the staff who belonged to the Escalafon of the Superior Staff of the Judicial Branch, granted under the regime of the former National of Public Employees and Journalists, Public Employees Section, shall be reliquidades considering the professional or title assignment to which the decrees laws N ° 970 and 3,058, 1975 and 1979, repectively, are referred to, at the rate of a treintava part of the basic salary corresponding to that allocation for each year of services provided in the Judiciary, with a maximum of thirty threavavos. Pensions thus reliqued shall be payable from the first day of the month following the date of publication of the law in the Official Journal. Article 4 (a) transitional period.-Extend for two years, from 20 January 1993, the time limit laid down in Article 9 of Law No 18,689-Article 5 of the transitional measure.- the conduct referred to in Article 13 of Law No 17.322 or in the final paragraph of Article 19 of Decree Law Nº 3,500 of 1980, incorporated in Article 1 (2) and Article 3 (6) of this Law, respectively, shall remain subject to the criminal provisions in force on the occasion of their occurrence, without prejudice to the provisions of Article 18 of the Penal Code. " And because I have had to approve and sanction it, therefore, promulgate and take effect as the Law of the Republic. Santiago, 19 November 1993.-PATRICIO AYLWIN AZOCAR, President of the Republic.-René Cortazar Sanz, Minister of Labour and Social Welfare.-Alejandro Foxley Rioseco, Minister of Finance. What I transcribe to you for your knowledge.-Salute intently to you-Luis Orlandini Molina, Social Security Undersecretary.