DECREE (Art. 84 of the DECREE-LAW NO

1 National Decree 153/75

DECREE (art. 84 OF THE DECREE-LAW NO.

19,349 /71 OF NATIONAL gendarmerie.

Force/s of general scope

PASSIVE EFFECT

AS AMENDED BY National Decree 1,152 /77 Art. 1 MOD. ART. 11 - B. O. 5-4-77

AS MODIFIED BY National Decree 1,116 /81 Art. 2 REPLACES 1 PARAGRAPH OF THE AP. B) INC.

GENERAL

Synthesis : ADOPTED THE RULES OF THE art. 84 OF THE DECREE LAW 19 349/71 ON SERVICES OF THE MILITARY PERSONNEL OF NATIONAL GENDARMERIE IN RETIRED STATUS.

Governing Law: 19,349

ANCILLARY Art.84 NEWS:

OBSERVATION THE DECREE 3,994 /77 WITH DATE OF ISSUE 77-12-30 IS AMENDING THE PRESENT, BUT THE MAY NOT HAVE BEEN PUBLISHED, THE CHANGES MADE COULD NOT BE INCORPORATED INTO.

ITEM

REGULATORY DECREE-NATIONAL GENDARMERIE-RETIRED MILITARY PERSONNEL-MILITARY PERSONNEL-MILITARY WITHDRAWAL-HAVING WITHDRAWAL

SEEN

as reported by the Lord Commander General of the Army, as proposed by the Minister of Defense

1 BS AS, January 21 1975 , B. O. JANUARY 21, 1975

considering

that article 84 of the Decree-Law No. 19,349 /71 - Law of National Gendarmerie, establishes that the staff of National Gendarmerie in retirement status, you can return to provide volunteer services to agencies of the institution; that the present strength are not sufficient to cover organizational needs, which is why there are tasks that by their nature can be performed by retired personnel, however, this does not mean increased responsibilities, administrative positions or command; it is convenient for the service take advantage of the knowledge and experience of retired personnel of National Gendarmerie in fitness to return to same; that in virtue of the foregoing, it is necessary to regulate the cited article 84, In order to set standards for the provision of services by staff senior and junior removed from National Gendarmerie;

Ref. Regulations: Decree Law 19,349 /71 Art.84

THE PRESIDENT OF THE ARGENTINE NATION decreed:

Art. 1.- is hereby approved the attached regulations of article 84 of the Decree-Law No. 19,349 /71 - Law of National Gendarmerie, whose text is an integral part of this decree.

Art. 2.- The authorities responsible for the processing of the appointment of the staff, will adjust its committed to the rules laid down in this Regulation.

Art. 3.- communicated, published in the bulletin of public National Gendarmerie, submitted to the National Directorate of the official registration and placed in the archives.

Signatories MARTÍNEZ DE Perón - moral - SAVINO

ANNEX A: REGULATION

CHAPTER 1 (articles 1 to 20)

SECTION I

APPOINTMENT (articles 1 to 5)

Art. 1.- The retired personnel may voluntarily provide services in agencies of National Gendarmerie in accordance with what has been determined in article 84 of the Decree-Law No. 19,349 /71 - Law of National Gendarmerie.

The appointment for such services will be prepared by the Commander in Chief of the Army and will be, in principle, nature of exception. May only be carried out in the following cases: (

1) When the actual strength in activity are not sufficient to cover organizational needs.

2) When by their nature the task can be played by retired personnel, and shall not in this case, involve charges or command functions.

3) When it is appropriate for the institution take special skills acquired by the staff during the activity or after your pass to retired status.

Art. 2.- The staff who wish to provide services in the form above, to go to retirement status will need to fill in the Personal Address a form with this demonstration to be taken into account in the contest referred to in article 4 of the present regulations.

The staff that has ceased in the provision of services may be newly appointed subject to the prescribed in the preceding article.

Art. 3.- In the period between September 1 and November 15 of each year, the National Director of according to the needs of the institution and to the extent permitted by the funds allocated by the Law of the General Budget of the Nation for such effects, propose the appointment of staff to call, in accordance with the requirement that the direction of staff must take place before 1 September each year, subject to approval of the responsible for the medical boards which will be to these effects.

Art. 4.- To provide for the appointment shall be made a contest of background. Particular account shall be taken, history of dossier, view the latest board of rating and causes by which they spent in retirement status. In addition, when the nature of the tasks to perform so requires, the persons concerned shall be subjected to testing in training in accordance with the specific conditions to be determined.

Art. 5.- may not be appointed to serve in situation of removing the staff that is in any of the following situations: (

1) when the pass in retirement status would have been motivated by having well-deserved the qualification "inept for the functions of its grade" or "disabled for all service".

2) When in retirement would have been produced as a result of the conviction in a court of honor, or by causes that, in the opinion of the appointing authority for his appointment, will disqualify him from to perform efficiently.

3) Where it has been civilly contest, either during the time that mustered his men in situation of activity or in withdrawal.

4) When you would however pending judicial or had any judicial, punishable, during the last three years prior to the date of the call for the respective competition.

5) When, during the time that remained in situation of withdrawal had been convicted or prosecuted for common courts or military, or well, punished by disciplinary offenses, or in proceedings of courts of honor and that in the opinion of the Commander in Chief of the Army, these circumstances could inconvenience its incorporation.

6) When the conduct, behavior or activities carried out during the time that remained in retired status, would have affected its prestige as the policeman.

SECTION II

DUTIES AND RIGHTS (articles 6 to 14)

Degree and/or

Art ladder. 6.- The retired personnel appointed to provide services in the condition specified, will maintain the degree that had to go to retirement status. We also will continue to integrate the table in the Army reserve in accordance with the determined in article 6 of the Decree-Law No. 19,349 /71 - Law of National Gendarmerie.

Art. 7.- For the staff, in accordance with what has been determined in the present regulations, provide services in situation of withdrawal, shall govern the rights and duties set forth in articles 27 and 28 of the Decree-Law No. 19,349 /71 - Law of National Gendarmerie, with the limitations and extensions set forth in article 29 of this decree-law, and in particular:

1) has the disciplinary powers corresponding to their rank and position, but only with regard to personnel directly to their

orders.

2) Is voluntary acceptance and the exercise of functions in National Gendarmerie other than those for which it was called, but in case not to accept them should stop providing services in retired status.

3) Is mandatory the use of uniform of journal, not the gala and social, that are optional.

4) Can not intervene in the activities of political parties, or perform other tasks that may affect the compliance of which perform in National Gendarmerie.

Art. 8.- The personnel providing services in situation of withdrawal must qualify the personnel that you are subordinate, when the nature of the tasks required to do so.

Also will have the powers inherent in his office for licensing staff to their orders.

Old

Art and precedence.9.- The seniority and precedence of the retired personnel providing services shall be determined in accordance with the prescribed in article 40, paragraph (c) of the Decree Law No. 19,349 /71 - Law of National Gendarmerie, in the same degree, this staff will precede the retired personnel out of service.

Art Tasks. 10.- The personnel providing services in situation of withdrawal shall not appointed to positions or positions involving command functions, and can only play the following tasks or similar: (

1) tasks related to the military justice and the speed of operation of the courts of honor

to) Judges of instruction, assistants and secretaries;

(b) Members, counsel and auxiliary of courts of honor;

(c) senior and junior staff responsible for instructing information and records.

2) Tasks and related charges with the teaching in schools, institutes and agencies National Gendarmerie.

3) Tasks in chiefdoms and agencies of National Gendarmerie. (

a) technical posts, advisory or functionally stable (Head of division, section, auxiliary boards of qualification, etc. );

(b) neighborhoods and buildings of National Gendarmerie.

4) Tasks in the National Commission of Safety zones and in other agencies linked with the defense and national security.

5) Tasks in specialized services to agencies of the military health services.

6) Tasks or charges at the request of the public administration that deemed appropriate by the Commanding General of the Army.

٭Art. 11.- The staff of National Gendarmerie removed providing services in accordance with the provisions of article 84 of Law 19,349 - Law of National Gendarmerie, shall conform to the following requirements: (

1) shall cease in the perception of its having of retreat in case of be creditor at the same, from the date of the resolution by which it is incorporated into the services referred and throughout the duration of your delivery.

2) The aforesaid staff, any creditor or not to have to withdraw their assets be levied by any concept, for the period indicated in the preceding paragraph, subject to the administrative and regulatory regime applicable to active staff, effective service, of equal status, seniority and grouping; these assets will be liquidated and paid by the agency's administrative service where pay their services.

3) In addition, where appropriate, the retired personnel who provide services, will increase its assets with the allocations set forth below: (

a) Supplement for enhancing the impossibility of having by promotion.

Will be liquidated at the retired personnel who provide services on the basis of the years of service in the grade accumulated in activity and in the scheme of the article 84 of Law 19,349 - Law of National Gendarmerie.

Its liquidation will be monthly and shall be made according to the following provisions:

1. The amount of this supplement will be the result of applying to each particular case, the percentage found in the Annex 1 on the value of having monthly subalferez for senior staff and the cape for the junior staff.

2. Will include only the staff of the grades identified in Annex 1, except that despite being in some of these degrees, possesses the highest hierarchy of your respective grouping.

3. The staff of those scales that do not reach the maximum degree of the overall ranking, who does not possess the last degree of their respective grouping, may not receive by this supplement, whatever the quantity of years accrued in your degree, an amount greater than the difference between your having monthly in accordance with the present regulations and the corresponding to the maximum degree of their grouping, with the minimum time fulfilled.

4. The right to receive this supplement shall cease to meet the retired personnel to provide service, the requirements set out

in article 96, paragraph (a) (1or 2, of the 19,349 Law - Law of National Gendarmerie. Also, do not be creditor to its perception the retired personnel incorporated, when its withdrawal is framed in the terms of the abovementioned prescription.

b) reimbursement of costs for the provision of services in retired status:

1. The allowance will be paid the retired personnel of National Gendarmerie services that pay only when your withdrawal is framed in the terms of article 96, paragraph (a) paragraphs 1 or 2 of the Law 19,349 - Law of National Gendarmerie.

2. Its liquidation will be monthly and will be carried out by applying the percentage that are then set on the amount of the monthly have del alferez for senior staff and the cape first for junior staff.

Senior Officers Officers ...... 115% Principal Commander ...... 105% Commander ...... 100% Second Commander ...... 80% First Lieutenant ...... 75% Sub-lieutenant ...... 70% Subalferez ...... 65% More NCO ...... 85% Principal grade ...... 80% Assistant Sergeant ...... 75% First Sergeant ...... 70% Sergeant ...... 50% Out First ...... 45% Out ...... 40% 4) The perception of the amounts referred to in the preceding paragraphs shall be adjusted in addition to the following provisions: (

a) The age to consider for the purposes of implementation of the second paragraph is the resulting from the sum of the time simple service accumulated by the deceased until its incorporation into the régime of article 84 of Law No. 19,349 - Law of National Gendarmerie and the time of services that build up in this regime during its provision of services;

(b) The National Directorate of Gendarmerie (Personnel Management) be published in the bulletin the high and low of the corresponding staff with seniority that should have recognized the deceased at the time of his calling and leaving, and The movement of magazine, at every opportunity.

Also annually in the month of January, a built-in payroll of the staff that has been made to the creditor "Supplement for Minimum Time", the "Supplement for enhancing the impossibility of having by Promotion" and/or changes in amounts of the latter that has taken place with specification in each case, the date from

which corresponds to your liquidation;

(c) The National Directorate of Gendarmerie (Accounts) at the time of the incorporation of the retired personnel to provide services, it will require the Division until both Liabilities and the Executive Branch agency determine the relevant insurance, the amount of the retirement have nominal of the originator.

Art skills. 12.- The personnel serving in situation of withdrawal shall be qualified annually in accordance with the applicable regulations, in accordance with the following special provisions: (

1) in Appendix 3, 2nd part shall not be filled items e) and (k).

2) In section 6) of the heading n) of Annex 3, 2nd part is crossed the legend "deemed suitable for the immediately higher degree" and recorded "agrees to continue servicing in retired status".

3) The reports of qualifications of the staff to which, the last superior that you have qualified, it would have recorded that "should not continue to provide services in retired status", will be elevated to the Director of Personnel who, with opinion founded shall submit it to the National Director.

If the National Director believes that the deceased should cease in the provision of services, so will propose to the General Commander of the Army who will decide on final.

When it comes to staff of higher rank than the Director of Personnel, the above-mentioned reports of rating will be considered directly by the National Director.

Art Licensing. 13.- The personnel providing services in situation of withdrawal shall enjoy license in the following cases: (

1) annual license: for the same term than it does for the staff in activity of the same fate and seniority.

2) License for health reasons:

a) by disease or accident or by acts of service, up to two years;

(b) by disease or injury related to the acts of service, up to thirty consecutive days, in the year, or forty-five alternating. In all cases in which exceed the stops listed, your rating will be "should not continue to provide services in retired status".

3) License by personal matters: in accordance with the determined for the staff in activity.

4) Special License: in accordance with the determined for the staff in activity.

SUSPENSION OF THE PROVISION OF

Art SERVICES. 14.- The staff which provides services in situation of withdrawal will be suspended from their tasks if it were tried before the military justice or common. As long as the cause that gave rise to such processing, will no longer receive remuneration which determines the article 11 above, that will be retained and will continue to receive an amount equal to the credit of withdrawal that was prior to its incorporation into the regime established by article 84 of the Decree-Law No. 19,349 /71 - Law of National Gendarmerie, if outside acquitted or dismissed provisionally or definitively credited with the remuneration that failed to perceive and will be returned to their tasks, except that there were substantial grounds for its termination.

Retention indicated will be without prejudice to the application of other administrative measures that correspond in virtue of the laws and regulations in force.

SECTION III CESSATION OF THE PROVISION OF SERVICES (articles 15 to 20)

Article. 15.- The cessation of the services provided by the staff in retired status, will be prepared by the Commander in Chief of the Army, in the following cases:

1) at the request of the person concerned.

2) On the proposal of the National Director: (

a) In the cases provided for in subparagraph (2) of article 7 above, and subparagraph (3) of article 12);

(b) have disappeared when the reasons that motivated his appointment;

(c) loss of the psychophysical skills required for the performance of their tasks, prior to the report of the Top Board of Medical Examinations and Medical Affairs - Legal; (

d) When at the end of the period established in subparagraph (2), paragraph (a) of article 13 precedent, not repayable to their tasks. In these cases, the date of cessation may not exceed, in any case, the time periods established in the aforementioned subparagraph (2) (

e) when sentenced by military courts or common to punishment of offenses, or punished by disciplinary offenses or in proceedings of courts of honor, it is suitable the cessation of their tasks; (

f) When on grounds the National Director of Gendarmerie considers it desirable that does not continue to provide services.

Art. 16.- The processing of the ceasefire in the provision of services of this staff shall be governed in a way similar to the staff in activity, in so far as is compatible and does not interfere with the existing system.

Computation of

Art Services. 17.- The services of the retired personnel services shall be deemed simple in all cases, not giving rise to any bonus.

The time of services that proves the personnel providing services in retired status, will increase its having withdrawal.

This enhancement will be made to the cessation of their tasks and always that the deceased has attained 365 days services at least.

It is excepted from this last condition the staff covered by article 18, paragraph 2), paragraph (a) of the present regulations.

The time that this staff has been suspended in its services subject to process, it will be also computed when acquitted or dismissed temporarily or permanently of the cause that will motivate its processing.

Right to have retirement

Art. 18.- This staff to Caesar in the provision of services regardless of the cause and the time of services tallied, will maintain the right to receive have withdrawal if you already had to go to retreat.