The provision of services in situation of withdrawal and its cessation, will be prepared by the Commander in Chief of the Navy, on the advice of the agencies to determine the respective regulation.
(Article replaced by art. 1 º, Inc. , e), of the article. 1 Of the Law Nº 23,028 B. O. 16/12/1983.
Duration: from 1 January 1984.)
Art. 76. - The formalities of mandatory retirement by absolute destruction may not be suspended.
When the staff is under judicial process or administrative proceedings, the proceedings may be adjourned for voluntary or mandatory retirement, leaving simultaneously and automatically suspended the computation time of service.
The other formalities of withdrawal can only be suspended by the National Executive Power, in a general manner to all staff, during a state of war or of site, or when the
circumstances allow to deduce the imminence of the state of war.
(Article replaced by art. 1 º, inc. f), the art. 1 Of the Law Nº 23,028 B. O. 16/12/1983.
Duration: from 1 January 1984.)
Art. 77. - The withdrawal is definitive. The retired personnel may only return to the activity in case of call for mobilization. As well you can also, remaining in retired status and according to the terms and conditions as for both cases established according to the regulations of this law, be called to serve in the institution in the form: (
a) and in voluntary character of "withdrawn serving". When you are past in retirement status in accordance with the provisions of Article 9 (a) of Act No. 12,992 . (Last sentence built by art. 1 º, Inc. , g), of the article. 1 Of the Law Nº 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.) (b) by a decree of the Executive Branch, in cases of emergency or for the purposes of instruction and training, in a matter of "withdrawn in ordered service."
c) for the staff that is eliminated mandatory and that of agreement according to the provisions of the act does not apply to him 12,992 have withdrawal.
(Article replaced by art. 26 Of the Law Nº 20,325 B. O. 10/05/ 1973)
Art. 78. - These are duties imposed by the state police for the staff at situation of withdrawal:
a) subject to the disciplinary regime police as appropriate to their situation of magazine; (b) the same obligations of the personnel in activity resulting from the use of the uniform; (c) Do not use the hierarchical name nor the uniform in activities of a commercial nature or policies or participate in public demonstrations, except those expressly permitted by the regulations; (d) In case of call for mobilization, the duties of the staff in activity. (Incorporated by art. 27 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 79. - Are duties imposed by the state police to the staff in a position of retreat:
a) the property of the degree; (b) The use of uniforms, insignia, attributes, and own distinctive of the degree, in line with the respective regulations; (c) The honors for the degree, provided by the relevant regulations; (d) the power play charges rented in the national administration, provincial or municipal; the exercise of commercial activities and any other type of private activity by self-employed or employed by others, provided that they are compatible with the decorum and the police hierarchy, and may in its case perceive by them the corresponding pension provision depending on the regime in question and without prejudice to its having withdrawal, except when such activities would have Been Performed or exercised with reason or on the occasion of the police function or when would have been computed to establish said they have, with the limitations established by article 23 bis - Act No. 12,992 as amended by Act No. 22,515 .
The staff covered by article 11, paragraph (a), (2) of Act No. 12,992 , as amended by Article 1 of Law No. 20,281 , may not play any employment activity in the Public Administration National, Provincial or Municipal; (replaced by art.
1 º, inc. h), the art. 1 Of the Law Nº 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.) (e) be able to participate in political activities, in the exercise of which you may not use the name of your degree, uniforms, insignia, and distinctive attributes, except in the cases allowed by the relevant regulations; (f) The perception of its having monthly of withdrawal and the monthly pension for their right holders in the way that it determined by the law 12,992 ; g) The medical care for themselves; and to their dependants in the way in which they are regulating; (h) In case of call for mobilization, the rights of the staff in activity; (i) In case of providing services to the institution in the terms of subparagraph (a) of the article 77, shall perform the duties and rights of the staff in activity and in retreat, with the following limitations and extensions:
1. You cannot move up in rank, except that he finds himself in the situation of article 53; 2. Will Have disciplinary powers only in respect of the staff directly to their orders; 3. (Paragraph repealed by art. 1 º, inc. i), the art. 1 Of the Law Nº 23,028 B. O. 16/12/1983.
Duration: from 1 January 1984.) 4. Not be able to play or participate in the activities identified in paragraphs (d) and (e) of this article, except for the case of subparagraph (d) the prior authorization of a competent authority; (
j) in case of providing services in the institution, the terms of subparagraph (b) of article 77, shall perform the duties and rights of the staff in activity, with the following limitations and extensions:
1. You cannot move up in rank, except that he finds himself in the situation of article 53; 2. Will Have disciplinary powers only in respect of the staff directly to their orders; 3. Do not count the time of service delivery in this situation and therefore have their retirement will remain fixed. Said they have may vary only in the case that he finds himself in the situation of article 53; 4. Shall receive, in addition to his having of withdrawal, as the only remuneration, would not increase said they have retirement, compensation for "service delivery sorted in retired status", which attach the relevant decree of called to provide services; 5. You can play the activities identified in paragraph (d) of this article, provided that there is no inconsistency in terms of time, with respect to compliance with the functions for which it was called; 6. May not participate in the activities identified in paragraph (e) of this article.
(Article replaced by art. 28 Of the Law Nº 20,325 B. O. 10/05/ 1973)
CHAPTER II computations of services and have monthly
Art retreat. 80. - The computing services and have monthly withdrawal will be carried out in the form prescribed by law 12,992 .
CHAPTER III mandatory retirement
Article. 81. - The junior and senior staff of the Prefectura Naval Argentina in actual service will be passed to situation of mandatory retirement, in accordance with the requirements of law 12,992 or when i will find in any of the following situations: (
a) Worth qualifications that in accordance with the regulations of this law determine his retirement; (b) Where necessary vacancies, the Senior Officers, commanding officers and senior NCO who have obtained orders of merit more low, provided that it is not good idea to keep them in activity through an appropriate and flexible use of clusters escalafonarios in these cases will act in accordance with what the regulations of this law; (replaced by art. 1 º, inc. j), the art. 1 Of the Law Nº 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.) c) covered by articles 69 and 70, not be able to return to the situation of activity; (d) covered by subparagraph (b) of article 35, not be able to proceed in activity; (e) included in the article 40 when in accordance with the same does not go back to the actual service.
Art. 82. - The processing of mandatory retirement will stop pending the resolution of claims submitted by the decisions that caused their procedures. In this regard, the instances to touch those who intervene shall be responsible for that is strictly comply with the deadlines established for the resolution of the same.
CHAPTER IV voluntary retirement
Article. 83. - The senior staff will be able to retire to his request, when you have counted fifteen (15) or more years of simple police services and has fulfilled the commitment to service.
(Article replaced by art. 1 º, Inc. , k), the art. 1 Of the Law Nº 23,028 B. O. 16/12/1983.
Duration: from 1 January 1984.)
CHAPTER V
Art Pension. 84. - Pensions and the respective have agreed in accordance with the requirements of the Law 12,992 .
TITLE V
STAFF WITHOUT POLICE STATE
CHAPTER I General rules
Article. 85. - The civilian staff of the institution shall be governed by the Statute of the Civilian Personnel of the Armed Forces, and will be escalafonado) according to the functional needs of the Prefectura Naval Argentina.
Art. 86. - The teaching staff shall be governed by the laws, decrees and other requirements in force or regulate to adjust its services to the needs of the institution.
TITLE VI
Supplementary Provisions
Article. 87. - When the staff of the Prefectura Naval Argentina has military state, in accordance with the provisions of article 16, it may act in the special functions assigned to him by the commander in chief of the Navy. The regulations shall determine the form and conditions under which the retired personnel to be convened, as established in article 79, paragraph (g), it is necessary to fulfill the functions referred to in the preceding paragraph.
Art. 88. - In case of war, internal disturbance, or for reasons of operational training, in which bodies of the Prefectura Naval Argentina should be subordinated to the military authority, the commander in chief of the Navy may designate officers of the Argentine Navy in activity, of which directly depend on the heads of the agencies mentioned to the effects of the operations that are available.
Art. 89. - The authorities of the Prefectura Naval Argentina will assist, when it is required by officers of the Navy, being duly authorized by the National Executive for the fulfilment of the tasks the article 26 of Law 18,416 , assigned to the Argentine Navy. ( "Article 14 of Law 17,271 " replaced by "article 26 of Law 18,416 " by art. 30 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 90. - In case of be necessary because of their high specific or specialization, and for the performance of certain tasks of scientific or technical advice, the national naval prefect may appoint persons outside the institution that meet the conditions of appropriateness required, in accordance with legal provisions in force. These persons do not integrate the tables of the staff of the Prefectura Naval Argentina.
Art. 91. - To all the effects of this law, the term "vessel" includes both the ships themselves, as to the smaller ships and naval artifacts.
Art. 92. - The Prefectura Naval Argentina will have the power to independently manage its own budget and administrative management and financial accounting and resulting equity shall be regulated by the National Executive.
TITLE VII
transitional provisions
Article. 93. - The staff in that activity to the date of the enactment of this law possesses a degree greater than the maximum for your body and career determine its regulations, will continue in such a situation until both occur in retirement by decision of the national executive power or to your request.
Art. 94. - Up to both the National Executive Power determines the inception of the fund own retirement and pensions for the staff of the institution or its incorporation to another box, the input and contributions that earned the wages of the staff of the Prefectura Naval Argentina, will join the Special Account to be created in the jurisdiction 47 - Command in Chief of the Navy.
The retirement and pensions produced and occurring up to the opportunity outlined above, will be cared for by the service of the Special Account to be created.
Authorize the Executive to delegate the determination of having for the withdrawal of personnel of the Prefectura Naval Argentina, their modifications based on error or omission of the tally and the pensions that corresponds to their right-holders in accordance with the laws in force for the aforesaid personnel.
(Article replaced by art. 1 Of the Law Nº 22,043 B. O. 02/08/ 1979)
Art. 95. - From the date of enactment of this act, the staff at activity be levied its assets in accordance with the provisions laid down in the present.
Art. 96. - The rules adopted by Decree 15,615 /57 (Law 14,467 ) shall apply to both subsidiary is issued the regulations of this law and to the extent that they are not opposed to its provisions.
Art. 97. - Spending that demand the enforcement of this act shall be in general revenues with attribution to the same, until both are incorporated into the general budget of the Nation.
Art. 98. - 3,445 Repealed the Law and the Decree 15,615 /57 (Law 14,467 ) with the exception provided for in article 96.
Art. 99. - Please Contact, published, transmitted to the National Directorate of the Official Registry and Archives.
Ongania 's.
Jose R. Cáceres Monie.
Annex I
SENIOR STAFF
minimum times
Note: For the purposes of article 57, paragraph (a), the minimum amount of time in activity for the grade of Assistant General Prefect and greater, are two (2) years. (Note incorporated by art. 32 Of the Law Nº 20,325 B. O. 10/05/ 1973)
Annex II JUNIOR STAFF
minimum times
Note: For the purposes of article 57, paragraph (a), the minimum amount of time in activity for the grade of Assistant General Prefect and greater, are two (2) years. (Note incorporated by art. 32 Of the Law Nº 20,325 B. O. 10/05/ 1973)
Annex III
senior staff
promotions Regime
Annex III replaced by art. 33 Of the Law Nº 20,325 B. O. 10/05/ 1973)
Annex IV
JUNIOR STAFF
system of promotion
(Annex IV replaced by art. 33 Of the Law Nº 20,325 B. O. 10/05/ 1973)
Background - Article 57, paragraph (d) replaced by art. 5 Of the Law Nº 20,796 B. O. 30/10/ 1974; - Article 83 replaced by art. 29 Of the Law Nº 20,325 B. O. 10/05/ 1973; - Article 70 replaced by art. 24 Of the Law Nº 20,325 B. O. 10/05/ 1973; - Article 60 replaced by art. 19 Of the Law Nº 20,325 B. O. 10/05/ 1973; - Article 58, paragraph b), replaced by art. 18 Of the Law Nº 20,325 B. O. 10/05/ 1973; - Article 57, paragraphs (d) and (e), incorporated by art. 17 Of the Law Nº 20,325 B. O. 10/05/ 1973; - Article 57, paragraph (a), replaced by art. 16 Of the Law Nº 20,325 B. O. 10/05/ 1973; - Article 58, paragraph (d) repealed by art. 5 Of the Law Nº 20,281 B. O. 27/04/ 1973; - Article 57, paragraph (f) incorporated by art. 5 Of the Law Nº 20,281 B. O. 27/04/ 1973; - Article 94 replaced by art. 1 Of the Law Nº 18,874 B. O. 01/02/ 1971;
Share with your friends: |