Congress of the Argentine Nation Law Number: 18398



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(Article replaced by art. 14 Of the Law Nº 20,325 B. O. 10/05/ 1973)

Art. 30. - The senior staff of the Prefectura Naval Argentina is classified as follows:

Senior Officers:

General Prefect Prefect Greater

Official Heads:

Prefect Main Prefect

junior officers:

Prefect Main Official Auxiliary Official Official

Art Assistant. 31. - The junior staff of the Prefectura Naval Argentina, is classified as follows:

senior NCO: Assistant greater; Assistant Principal; - junior Commissioned Officers:

Assistant of 1ra.; Assistant 2da.; Assistant 3ra.; - Los Cabos: Cape 1ro.; Cape 2oj.; - All ranks: sailor; Sailor first; second class sailor.

(Article replaced by art. 2) Of the Law Nº 18,558 B. O. 03/23/ 1970)

Art. 32. - Admission to the echelons, both for the staff of officers as the NCO, Los Cabos and sailors, shall be made in the initial degree to be determined in the

regulations made under this act.

Art. 33. - The Officers shall be appointed by the National Executive Power; non-commissioned officers, Los Cabos, sailors and students are expected to be discharged in the manner prescribed by regulations made under this act.

(Article replaced by art. 15 Of the Law Nº 20,325 B. O. 10/05/ 1973)
CHAPTER IV Situation of

Art magazine. 34. - The staff in activity can be found in the following situations of magazine: (

a) actual service; (b) Availability; c) passive.

Art. 35. - Will Review in actual service staff: (

a) to provide service to the organizations of the institution or to comply with specific functions in commissions of the service in other agencies; (b) with license for up to two (2) years by disease caused by acts of service, after which time your aptitude will be established for the same in order to determine your pass to the situation of magazine that corresponds. In special cases, this period may be extended by one (1) year; (c) with license for up to two (2) months by disease not motivated by acts of service, at the end of which will determine its fitness for the same in order to establish your pass to the situation of magazine that corresponds. Once in the race such a license may be extended up to six (6) months; (d) That after twenty (20) years in the institution get six (6) months of extraordinary leave. The same shall be conferred by resolution of the national naval prefect and only once in the course of his career.

Art. 36. - The time spent in actual service shall be counted for promotion and withdrawal.

Art. 37. - Will Review staff in availability: (

a) higher than that is passed to this situation and while waiting for the appointment to functions of the actual service. In such a situation the officers may not be kept longer than one (1) year; (b) with sick leave not motivated by acts of service, from the moment that exceed two (2) months of license referred to in subparagraph (c) of article 35 and up to complete one (1) year, to whose term establish your physical fitness to determine the situation of magazine that corresponds. During the course of the first two (2) years after you have exhausted the license referred to in the first paragraph of this subsection and subparagraph (a) of article 40, the staff does not have the right to return to this situation of magazine; (c) licensed by personal matters, from the moment that exceed two (2) months to complete with this six (6) months as maximum. This license may not be granted in the same grade together with the provided for in subparagraph (d) of article 35; (

d) that would be designated to perform functions that are not related to those laid down in article 35, paragraph (a), and to impose his departure from the institution, from the moment that such situation exceeds the two (2) months to complete the six (6) months as maximum; (e) that is considered as missing, until both the clarification of the legal situation; (f) which has sought voluntary retirement with having, by the term up to eight (8) months, unless the withdrawal is granted in a period of less. This situation cannot be used in conjunction with the provided for in article 35, paragraph (d).

Art. 38. - In the case of subparagraph (a) of the previous article, who get license by personal matters will be in fact understood in what sets the paragraph (c) of the same article, from the moment that exceed two (2) months of license and until complete six (6) months as maximum. At the end of this license will be appointed in subparagraph (a) of the above-mentioned article, if it has not given destination and to complete one (1) year with the elapsed time in this situation.

Art. 39. - The time spent in situation of availability for the reasons set forth in subparagraphs (a), (d) and (e) of article 37 shall be counted for the purposes of the ascent and the withdrawal; the past in situation of availability for the reasons set forth in subparagraphs (b), c) and (f) will be calculated only for the withdrawal.

Art. 40. - Will Review the staff in passive:

a) with sick leave not motivated by acts of service for a period longer than one (1) year and until complete two (2) years as a maximum, subject to determination of their aptitude for the service; (b) Higher licensed by personal matters, for a period longer than six (6) months; (c) private released by judicial order, or preventively suspended by reason of an administrative inquiry; d) Convicted conditionally always that should not be coupled with the disqualification; (e) higher than outside designated to perform functions that are not related to the specified in article 35, paragraph (a), and have the remoteness of the tasks of the actual service; from the moment that meets Six (6) months in such a situation.

Art. 41. - In the situations of the subparagraphs (b) and (e) of the previous article, you'll be able to stay up to complete with the same two (2) years as a maximum, after which time the staff will be passed in retirement status, unless with prior had requested your pass to effective service. There can be no return to the situation of passive under the same conditions but, after four (4) years of having left her and never while in the same degree.

Art. 42. - The time spent in passive will not be counted in the promotion nor for the withdrawal. This measure will not be applied to defendants who were acquitted or dismissed the crime that will motivate its processing or to which it was imposed disciplinary sanction under the conditions laid down in article 49, paragraph (b).

Art. 43. - The staff of students, of sailors from the first and the second of sailors may not check on availability or passive.

(Article replaced by art. 3, OF THE Law Nº 18,558 B. O. 03/23/ 1970)

CHAPTER V


Art Promotion. 44. - For the purposes of satisfying the functional needs of the institution, will be produced annually promotions and deletes on the staff. The rise of the senior and junior staff shall be granted grade to grade. To ascend are required to have satisfied the demands that determines this act and its regulations.

Art. 45. - The promotion of the senior staff granted the National Executive. The promotion of junior staff will be awarded by the national naval prefect.

Art. 46. - The rating of the skills of staff who need to be considered, both to the effects of their rise to its elimination, will be in charge of the respective boards of qualifications.

Art. 47. - The maximum that the senior staff of the Prefectura Naval Argentina may reach by promotion, will be the following: (

a) General Body: General Prefect; (b) Professional Body: Prefect Greater; c) complementary Body: Prefect greater.

The regulations shall determine the maximum that can be achieved in the various echelons of each body of senior staff and in the echelons of the junior staff.

The grades listed in subparagraphs (a), (b) and (c) of this article mean the maximum in accordance with their specific functions and origin of recruitment, and do not imply that they are for all the bodies and/or unestablished. In accordance with the groupings of staff that regulate in compliance with the provisions of article 22, shall be determined for each one of them its maximum degree, which may not exceed, for senior staff, the identified in a general way in the subparagraphs (a), (b) and (c) of this article.

Art. 48. - The promotion of staff in actual service shall be granted by age and/or selection, as determined by the regulations of this law.

Art. 49. - Will be unable to ascend the staff that: (

a) is in situation of availability in the cases provided for in subparagraph (e) of article 37 or in passive in any of the cases provided for in article 40; (b) is under process judicial or administrative proceedings. Resolved the cause by acquittal, dismissal or disciplinary sanction which, in the opinion of the respective board of qualifications, do not constitute a reason for postponement may be promoted with the date that you would have been doing so. In the event that there are no vacant, the originator will amount as surplus, but always keeping within its ranks the age that you appropriate; (c) is with sick leave in accordance with the provisions of subparagraphs (b) and (c) of article 35 and paragraph (b) of article 37. When certifying possess the physical attitude that determine the regulations made under this act, may be promoted with the date that he has been doing this not to be in that situation. In the event of vacancy does not exist, the originator will amount as surplus, but always keeping within its ranks the age appropriate; (d) which does not meet the conditions for promotion to each grade set the regulations made under this act.

In the cases referred to in subparagraphs (b) and (c), the promotions should be granted once the staff have been considered by the respective qualification board, in accordance with the provisions of article 48.

Art. 50. - In order to be promoted to the immediately higher degree is required, in addition to be counted with vacancies in that grade, to comply with the demands to be determined by the regulations of this law and have the degree in the minimum time, simple in years of service, which annexs I and II.

Art. 51. - The proportions of the promotions by seniority and selection for the senior staff and for the junior staff are the annexs III and IV.

Art. 52. - The staff that has not promoted, the declared declined in their physical skills or inept for active service or stay in the degree may request reconsideration within ten (10) days of receipt of the communication.

Art. 53. - The staff on the occasion of extraordinary events do, in the exercise of their functions or outside of them, an act of outstanding merit, may be promoted to the level immediately higher even when he has not fulfilled in its degree the minimum time for promotion that determines this law. In all cases the extraordinary merit should be tested on documented and in the conditions that regulate. Promotions may also occur post-mortem, in the form and manner to be regulated.

Art. 53 Bis. - The staff of the Prefectura Naval Argentina that, in time of peace, on the occasion of extraordinary events that are subversive character or specific actions of security, perform isolated or in exercise of command a heroic act that causes death, may be promoted to the level immediately higher.

Equal consideration will be the one against which it seeks and whoever loses the life caused by the subversion, by the mere fact of belonging to the Force. In all cases, the documented facts should be checked by the relevant administrative or judicial proceedings.

The staff promoted in virtue of the provisions in the second paragraph shall be deemed died as a result of an act of service regardless of the situation in which will review at the time of his death.

(Article incorporated by art. 1 Of the Law Nº 22,497 B. O. 23/09/ 1981)

CHAPTER VI

Art assets. 54. - The amount of the monthly have perceived that the staff of the Prefectura Naval Argentina in activity, as well as the respective concepts that comprise it, will be identical to those of the military personnel of the Argentine Navy in the same situation of magazine, to which effect that staff shall be governed by the established regime of assets for the latter.

The staff of the Prefectura Naval Argentina in activity, levy also identical general supplements, special supplements, compensation and other assignments, as well as the respective amounts, that for each case determine the laws, regulations and other provisions that establish the regime of assets of the military personnel of the Argentine Navy.

To that end, the laws, regulations and other provisions that the present and/or in the future establish or modify the regime of assets of the military personnel of the Argentine Navy and/or their respective amounts, shall apply similar, simultaneously and automatically to the staff of the Prefectura Naval Argentina.

For the same purposes and supplemented in your case, we shall observe the following provisions: (

a) The legal references in the regime of the assets of the Argentine Navy to the state and military ranks, as well as to the bodies and situations specific to the Argentine Navy, shall be analogously applied to the state police and degrees, as well as the organs and other situations characteristic of the Prefectura Naval Argentina; (b) The only effect of the determination of the respective assets, shall be deemed to be equivalent the following degrees of the Argentine Navy and the Prefectura Naval Argentina: in the senior staff the initial degree and in the junior staff the rank of Corporal Second, as well as the respective subsequent degrees in the hierarchical succession Ascending from the staff of senior and junior both institutions; (c) having monthly of the sailor, it will be ninety-five percent (95 %) of the salary, supplements and other general general allocations that set the Executive Branch and one hundred percent (100 %) of the special supplements and compensation, the rank of corporal second of the Prefectura Naval Argentina; (

d) The Executive is empowered to establish the liquidation of assets, special supplements, compensation and other assignments for the staff of the Prefectura Naval Argentina, in the exceptional cases in which the particular deployment or situation of the institution that has no analogy applicable by lack of similarity of situations or existing ones were not covered by the scheme Assets of the Argentine Navy; in the latter case, the existing that were provided for in the regulations of the staff of the Prefectura Naval Argentina retain their validity.

(Article replaced by art. 1 Of the Law Nº 21,033 B. O. 01/10/ 1975)

Art. 55. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975) Art. 56. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975) Art. 57. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975) Art. 58. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975) Art. 59. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975) Art. 60. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975) Art. 61. - (Article repealed by art. 2) Of the Law Nº 21,033 B. O. 01/10/ 1975)


Art liquidation of assets. 62. - The staff at activity be levied its assets by the basic concepts and the percentages given below, depending on their situation of magazine: (

a) in actual service, charged in having monthly the totality of the emoluments provided for in article 54, that for each particular case appropriate, depending on the requirements and conditions to be determined by the regulations of this law; (b) In availability, charged in having monthly:

1) The period in the subparagraphs (a), (b), (d), (e) and (f) of article 37 the totality of the emoluments provided for in article 54, that for each particular case appropriate.

2) The period in subparagraph (c) of article 37, seventy-five percent (75 %) of having monthly defined by article 55, that for each particular case appropriate;

(c) In passive charged in having monthly:

1) The covered under subparagraphs (a) and (e) of article 40, the entire having monthly defined by article 54, that for each particular case appropriate. The period in paragraph (b) of article 40, fifty percent (50 %) of the monthly have defined by article 55, which corresponds to particular case.

2) The covered under subparagraphs (c) and (d) of article 40, have to be determined by the regulations of this law.
CHAPTER VII Low

Art and reinstatements. 63. - The low, that means the loss of the police state, occurs for the following reasons:

a) at the request of the interested party; (b) for the staff at "commission", by not be confirmed by the superiority at the end of his high "on commission", except that by the years of police services rendered prior to the designation "in commission" has the right to claim the benefits of withdrawal; (replaced by art. 1 º, inc. (b), art. 1 Of the Law Nº 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.) (c) for the staff it is necessarily eliminated, taking less than fifteen (15) years of service and that simple police in accordance with the provisions of Law 12,992 , you will not be appropriate; withdrawal (replaced by art. 1 º, inc. (b), art. 1 Of the Law Nº 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.) (d) for the sailors of Second in the manner prescribed by regulations made under this Act; (e) as a disciplinary sanction; (f) by strong condemnation to imprisonment of not conditional or disqualification for the exercise of public functions; (g) by termination of the service commitment, in the cases provided for by this act and its regulations or when at the end of the service commitment, that is not renewed and not appropriate to remove. (Incorporated by art. 1 º, inc. (c), the art. 1 Of the Law Nº 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.)

(Article 63 replaced by art. 20 Of the Law Nº 20,325 B. O. 10/05/ 1973)

Art. 64. - The staff requests that its low in accordance with the prescribed in subparagraph (a) of article 63 shall not leave his post without having been granted that and without having done formal delivery, previously the charge corresponding to the succession. Such low always shall be granted, except in cases where the deceased is preliminary investigation can result or serving disciplinary sanction or when the circumstances allow to deduce that the nation is in imminent state of war, site or internal unrest, in which case the decision is left to the discretion of the authorities referred to in article 65.

Art. 65. - The low of the senior staff in the cases prescribed in paragraphs (b), c), (e) and (f) of article 63 and the junior staff when it occurs with quality of discharge, it is prepared by the National Executive. The other casualties of the senior staff, and junior students, in the manner determined by the regulations of this law.

(Article replaced by art. 21 Of the Law Nº 20,325 B. O. 10/05/ 1973)

Art. 66. - The staff of low by the cause provided for in subparagraph (a) of article 63 may be reinstated to your request in the conditions that attach the regulations made under this act, and that is not always recorded the following facts: (

a) That the low has been requested in order to evade a commission of the service; (b) he has mediated condemnation or process during the time he has been low, for reasons incompatible with the demands of the institution; (c) That the Executive Branch of the nation or the national naval prefect, depending on whether junior or senior staff, consider inconvenience their return; d) That the request for reinstatement is submitted after the completion of two (2) years The date of its low. (Incorporated by art. 22 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 67. - The staff reinstated under the conditions of the preceding article will be the last post of your degree on the totem pole and its corresponding seniority will be the one that had the date of its low, without computarsele time spent outside of the institution.

Art. 68. - The staff of low for the reasons expressed in the subparagraphs (e) and (f) of article 63, try reliably, by administrative decision in the case of subparagraph (e) or by a judicial ruling in the case of subparagraph (f), that his separation was motivated by error, it will be returned provided that they had not gone more than two (2) years from its low.

(Article replaced by art. 23 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 69. - The reinstatement referred to in Article 68 shall be agreed with the date on which the deceased was given low and with the degree and antiguuedad i had at that time. Without prejudice to the foregoing, the board of respective rating will determine whether the physical conditions, intellectuals and professionals of the originator let you continue to carry out the functions corresponding to their grade and situation of magazine. Otherwise, you will agree the retreat in the conditions prescribed in article 70.

Art. 70. - If the proof of the error reason for the low referred to in Article 68 shall incur after the term of two (2) years has already been established, the National Executive shall agree upon the withdrawal of that were in business at the time of be given low, whatever the time of services rendered, being sold off as having to remove the hundred percent (100 %) of having monthly supplements and general in his grade and age.

(Article replaced by art. 1 º, Inc. , d), art. 1 Of the Law Nº 23,028 B. O. 16/12/1983.

Duration: from 1 January 1984.)

CHAPTER VIII

Art disciplinary regime. 71. - The staff with police state will be subject to the following disciplinary sanctions: (

a) warning; (b) arrest; c) loss of use of the degree and the uniform for the staff in situation of withdrawal; d) low severance or unemployment in quality; (e) Low by exemption or quality of exoneration.

Art. 72. - The mistakes that you will incur the staff, the procedure to be followed for the implementation of the sanctions specified in the previous article and the consequences of these, as well as the disciplinary powers of the staff with police state, shall be fixed by the regulations.

CHAPTER IX Seals

Art skills. 73. - The seals of qualifications for the senior staff and for the junior staff are the agencies responsible for proposing your promotion or elimination. In addition, they consider the situations provided for in article 81, paragraphs (a), (b) and c), for the purposes of issuing its opinion and advise the National Naval Prefect. Will be integrated and act in the manner in which determine the regulation of this law.

(Article replaced by art. 25 Of the Law Nº 20,325 B. O. 10/05/ 1973)

TITLE IV


RETIRED PERSONNEL

CHAPTER I General rules

Article. 74. - The staff with police state, it may move the situation of the activity of retired to his request or by imposition of this Law. Hence the voluntary withdrawal and the mandatory retirement, which may be entitled to the credit of withdrawal or without the. The students, sailors of first and second Sailors won't be able to get to the situation of withdrawal; if to be discharged as such were diminished to work in civilian life by acts of the police service, or in case of death in situation of activity, will receive a credit, or their relatives a pension, whose amounts and conditions must be included in the Law No. 12,992 .

(Article replaced by art. 4 Of the Law Nº 18,558 B. O. 03/23/ 1970)

Art. 75. - In cases of mandatory retirement, the pass of the staff of the situation of the activity of withdrawal shall be prepared by the National Executive Power or the authority in which this delegated such authority when it comes to senior staff and the National Naval Prefect when it comes to junior staff.

The retreats volunteers shall be awarded in all cases by the Prefect National Naval.



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