MINISTRY OF JUSTICE ACT OF 1971 NUMBER 546
(March 21)
For which establishes the system of social protection and safety of officials and employees of the Judicial Branch, prosecution and their families.
The President of the Republic of Colombia, in exercise of extraordinary powers granted by Law 16 of 1968, and addressed the concept of the Advisory Commission established by Article 21 of the Act,
DECREES
Section 1 The officers and employees of the Judicial Branch and the Public Ministry will right to social and economic guarantees in the form and terms established in this Decree.
From the days of judicial vacancy.
Article 2 ° for all elected legislative, judicial vacancy days are:
a) On Sundays and public holidays established civil and religious laws in force, and Easter;
b) Twenty (20) calendar days. In the case of collective vacations in the civil branch, administrative and professional leave days are those between 20 December and even January 10 of each year.
Paragraph. When the holidays are not collective, the respective top set in each case, within one year following the date on which should begin to be enjoyed
Article 3 In the areas of civil, administrative and labor, annual leave may be collective or individual, as provided by the respective Boards of government of the Court, Council of State and Superior courts in the circumstances and needs of the service. In the criminal branch will always be individual and shift. When the individual vacations are over 30 days, should be appointed an interim to replace the incumbent, in Courts may be the Secretary of the Office, provided that enjoys excellent conditions and reputation make it ideal for carrying cargo. Time. In the case of judges of the Criminal Division, shall be an officer of lower quality and meeting the legal requirements. Paragraph
. The Attorney General will organize the group or individual rental staff of the Attorney General's Office and the Public Ministry
according to circumstances and needs of the service.
Article 4 ° During the judicial vacancy will receive full allocation for the office he serves.
retirement pensions and old age and mandatory retirement.
Section 5 of mandatory retirement age of civil servants and employees referred to in this Act shall be 65.
Article 6 "of officials and employees covered by this Act, shall, upon reaching 55 years of age, whether they are male and 50 if they are women, and turned 20 years of continuous or intermittent service , before or after the term of this Decree, of which at least 10 have been, only the judicial branch or the Public Ministry, or both activities to a pension ordinary retirement annuity equal to 75% of the highest monthly allowance which has accrued during the last year of service in these activities.
Article 7 If the time of service required in the first paragraph of the above article has been provided for the judicial branch or the Public Prosecutor within less than 10 years, the pension will be paid in the ordinary way established for employees of the administrative branch of public power.
Article 8 Officers and employees of the judicial branch and the Public Prosecutor to be separated from his position by reaching the age of compulsory retirement shall be entitled to place his retirement, a retirement annuity that they are settled or reassessments with 75% of the increased allocation earned in the last year of service and unlimited amount, provided the recipient has served for 20 years, continuous or not, the official service, which the last 3 at least, must have been in the judicial branch or the Public Prosecutor.
section 9 To pay the pensions of this Decree and other benefits provided or recognized by this order does not include travel expenses that have received
employee or official unless they are permanent and are received within those three years, for a continuous period of six months or more.
Article 10. The officials referred to in this Decree to arrive or have reached the age of mandatory retirement within the judicial service or prosecutors, without meeting the requirement, required for a normal retirement pension, but having served not less than 5 years continuous in such activities, shall be entitled to a pension equal to 25% of the last salary earned, plus a 2% for each year served.
Article 11. The judges of the Supreme Court, Counselors Fiscal State and the State Council shall be entitled, in addition to unemployment benefit, the lifetime pension equal to two thirds of final salary, established in Article 22 of Decree 1698 of extraordinary number July 16, 1964. Incompatible with the retirement pension when retirement occurs after 10 years of service in the judicial branch or the Public Ministry, or having served as a Judge do the Court, Council of State or Attorney of the same for five consecutive years, under the circumstances referred to in Article 3, paragraph a) of Decree 902 Cie. 1969.
Article 12. None officials referred to this Decree, based on age and length of service, age or disability, wishes to withdraw or should be removed from service will be replaced while the corresponding entity Social Welfare does not give the recognition of their social and manifest to be able to pay, especially the pension, so that no solution of continuity between the perception of salary and pension, but tenure may not exceed 6 months after the cause occurred.
Article 13. The persons named in this decree that the entry into force of Decree 3135 of 1968 extraordinary number, 18 have been met years of service
acquire the right to a pension upon reaching age 50 and 20 of service.
Article 14. Officers and employees referred to this decree that the entry into force of Decree 3135 of 1963 shall be found and he be removed from service 20 years of continuous or discontinuous work in the judicial branch or in the prosecution or both, you will right to turn 50 years of age, a pension for retirement to be recognized and paid in accordance with the first paragraph of Article 6 of this Decree.
Article 15. Pensions are cause from which have reached the age and length of service, if they are ordinary or special, the age, if they are of old age or disability diagnosis
. if they are of this class. When these requirements can apply for accreditation at any time, although in the first three cases the petitioner is in performance of duties: but payment will only start with the withdrawal of service, subject to the adjustments that may be required as provided in this Decree. In any case or pension credits
prescribed three years from the date of its enforcement.
retirement pensions and old age are inconsistent with the compensation of any other official position, except when the value set of one of those and it does not exceed $ 3,000.00 per month, or in the case of allowances or pensions exclusively from teaching positions.
Article 16. When the pensioner dies after having done the right spouse, while in a state of widowhood, their legitimate and natural children under 18 years old, his parents, brothers or sisters invalides single, ten will be entitled to receive during the term of 5 years, a subsidy equal to the value of the pension which corresponded to the deceased, distributed as follows:
1 º. Half to spouse and half to legitimate children natural and the deceased, in attendance this last according to proportions laid down by civil law;
2 ° If there is no surviving spouse or natural children, the allowance shall be paid equally legitimate children up to age 18;
3 ° If there is no legitimate or natural children, the entire benefit is paid to the surviving spouse, while in a state of widowhood
4 ° If they were not legitimate children of their corresponding portion natural children to the same age, concurrently with the surviving spouse;
5 º. If there is no surviving spouse or legitimate children, but any parent, natural and legitimate or natural children, the amount of the benefit shall be divided as follows: half of the parental allowance legitimate or illegitimate and the other half in proportion to the natural children until reaching the age of 18.
6 If there is no surviving spouse, legitimate children nor legitimate or natural parents, providing them carry all natural children, by parles same until reaching the age of 18;
7 "If he does not attend any of the persons mentioned in the preceding paragraphs, calls in the order of preference established, the grant shall be payable in equal parts to the disabled brothers and unmarried sisters of the deceased if they show a lack of resources for subsistence congruous.
of occupational hazards,
Article 17. In case of illness unprofessional officials and employees shall be entitled to medical, clinical, pharmaceutical, surgical, dental, hospital and laboratory, and salary for up to 3 months and 1 / 2 of salary for up to 3 months .
Article 18. In case of accident or occupational disease that results in disability, civil and employees covered by this Decree, shall be entitled to
following:
1 ° In the case of temporary disability, medical treatment mentioned in the previous article, and to receive full pay for 6 months:
2 "case of permanent partial disability, full salary for up to 6 months, the treatment recommendations in the previous article, and the compensation due under the current valuation tables.
In case of disability to be determined loss of working capacity of at least 75% shall, in addition to full medical treatment and indefinite for a pension, while the disability exists, regulated as follows:
a) If the disability is 75% pension equal to 50% of salary for the position;
b) If the disability exceeds 75% without from 50%, the pension shall be 75% of salary for the position;
c) If the disability exceeds 95%, the pension is equal to the entire salary for the position.
This board replaces and excludes the compensation of occupational accident or occupational disease.
Article 19. In cases of illness amateur, professional and occupational accidents not produce disability, the injured functional as not lose your job, and when the inability to work is greater than 30 days will be replaced temporarily by an interim
but sick leave will not interrupt service time.
If overcomes the constitutional period and the official legal or not re-elected, will continue to provide assistance and financial subsidies mediate up to the limit stated in Decree category.
Article 20. In case of death, be paid to the spouse, while in a state of widowhood, the legitimate and natural children, parents, siblings invalid or unmarried sisters, a subsidy equal to 75% of the last salary earned, in the proportion that continues and a maximum term of 3 years:
1 st Half the surviving spouse and half to the legitimate and natural children of the deceased, in attendance this latest in the proportions established by civil law;
2 ° If there is no surviving spouse or children shall be completely natural delivery for legitimate children equally;
3 "If there is no legitimate children or natural, the entire benefit is paid to the surviving spouse, while in a state of widowhood
4 If there is no legitimate children, the portion of these correspond to half the natural children in competition with the surviving spouse.
5 º. If there is no surviving spouse or legitimate children, the amount of the benefit shall be divided as follows: half the legitimate or natural parents and the other half in equal parts for natural threads:
6 A lack of natural or legal parents , will provide all the natural children equally.
7 ° If he does not attend any of the persons mentioned in this article, calls in the preferred order specified therein, the payment will be, brothers invalid and unmarried sisters, always showing that men and women is lack of sufficient assets for subsistence congruous. Paragraph 1 ° For the purposes of this Decree, is defined as a mode of subsistence congrua economic and social life that is commensurate with the dignity and position of the official hierarchy of the deceased.
Paragraph 2 "The subsidy referred to in this article excludes the compensation and insurance replaces the death, but those interested can choose to receive an allowance or compensation and insurance for death, settled in legal form.
Paragraph 3 º. If the deceased pensioner retired he is an service or their beneficiaries may choose among the insurance provisions of this article or allowance provided for in Article 16 of this Decree.
Article 21 In all cases of occupational risks referred to in this Decree, the officer or employee is entitled to home health care and may freely choose the physician who must attend with prior approval of the National Provident Fund, within rates for each class of service regulations indicate Creek, approved by the Government.
Article 22. In case of disability, medical treatment will be directed primarily towards rehabilitation of disabled persons where this is feasible. The National, through its medical services, periodically review the health of the invalid, in order to maintain, reduce or suspend the pension when the disability has changed favorably, or to increase it within legal limits, if aggravation. No pension shall be payable as long as unjustified default invalid, duly verified, to submit to the review of parental care.
Article 23. Women who work in the service of the Judicial Branch and the Public Ministry and the wives of officials and employees, are entitled to complete maternity care during pregnancy and childbirth and pediatric care for children up to six months of age The former will also entitled to paid leave with full pay for a period of not less than 8 weeks by which point the medical officer, if he is, and keep them on the job until the full restoration. If during pregnancy or childbirth leave, the officer overcomes for a constitutional or statutory period, and not re-elected, you will continue providing medical and financial assistance to the limits indicated in this article. The medical assistance to which this item will be at the rate Special reduced to the effect that the adoption of the National Provident Fund, for assistance to the spouses and children of officials and employees of the layoff.
Article 24. The unemployment benefit will continue to pay for the National Welfare Social Fund while remaining in charge of the National Savings Fund. The provisions will in any case, the force before the 3118 special issue of the Decree of 1968, but the partial payment may be made as well for the provision of room house, education expenses of children and direct payment of tax, under the conditions specified in the regulations of this Decree.
The unemployment is compatible with all other social benefits. The
funeral grants.
Article 25. Funeral expenses of civil employees covered by this Decree shall be covered by the state in the amount of the value of the accrued monthly allowance not to exceed $ 3.000.00. To surrender them extinct official honors for his rank.
prominence and commissions.
Article 26. The officials with jurisdiction and the Public Ministry agents acting before they are entitled to honors, distinctions and privileges of its own hierarchy. For this purpose the State Councillors and Magistrates Supreme Court of its former Presidents, the Attorney General's Office, former Attorneys General of the same, and the Prosecutors of the State Council, are equated. Ministers of State Judges and Prosecutors of the Court and Attorneys Delegates, Governors of the Department and the Judges and prosecutors in these Offices, the Mayor of the capital of the Department.
Article 27. The judges of the Court, counsel for the State, the Attorney General's Office, the procurators and judges of the Court, may receive commissions Transitional National Government, as such, on the consent of the respective superior. To assist national and international events or scientific research or studies related to their functions. If the committee for more than thirty (30) days and for that reason it impedes the functioning of the respective Chambers of the Supreme Court or the State Council, the appointing authority will provide interim office of the officials mentioned.
Article 28. . The officials with jurisdiction and the Public Ministry Agents acting against them and procurators are not required to have clearance for the public to the extent that it is necessary to fulfill his official duties or special law or nature of such functions, so indicate But it is in any time the public prosecutor and the presidents of corporations, ensure that the work of those officials shall comply promptly and efficiently through timely implementation of laws on the subject.
family medical benefits for
Article 29. Officers and employees of the Judicial Branch and the Public Prosecutor may voluntarily join the National Social Welfare or the entity that replaces it, your spouse, children, and parents, in order to give them medical care , pharmaceutical, surgical and hospital to have complete, in the event of illness.
Both
affiliation, as the conditions of service shall be subject to regulations on the subject issued by the Board of Directors of the Fund with the approval of the Government, and apart from membership dues, indicating these regulations, the official or employee shall provide, by this concept, a recurring monthly fee of up to 5% of the value of their salary, as prescribed by the regulations and taking into account the number of people enrolled.
Of the contributions to the Fund.
Article 30. Since the term of this Decree and for the coverage of benefits provided for, officials and employees involved in it are listed, contribute to the maintenance of the National Social Security Fund with the following contributions:
1 ° One third of the value of the monthly salary of the respective office, upon entering the service, as share membership;
2 ° A five percent 5% of monthly salary of the respective charge as regular periodic fee;
3 ° A third, for once, of any increase they receive in their assignments;
4 ° A five percent 5% per month of the value of pensions, old age and disability, for those who enjoy this benefit;
5 ° Up to five percent (5%) of the monthly salary, in the case of benefits referred to in the preceding article.
Exception.
Article 31. The provisions of this Decree shall apply to officers and employees of the Attorney Delegate for the Armed Forces who remain subject to the system of social benefits and disciplinary established or will establish to the civil steep Branch of National Defence.
Article 32. As they do not oppose the text and purpose of this Decree, the provisions of Decree 3135 of 1968 shall apply to judicial branch officials and prosecutors.
Plan Room.
Article 33. Within the year following the term of this Decree, the Government will. Implementing a special plan for construction of houses for judicial officers and prosecutors and their subordinates, for which it may make contracts or arrangements that may be necessary government or private institutions. as conveniences. A financing plans may apply the severance caused and for the periods ongoing constitutional and legal. In any case, delivery and payment conditions of the rooms to be determined by regulation, shall keep restraint proportional to the economic capacities of the grantees.
Review of salaries and pensions.
Article 34, every three years, the Council for the Administration of Justice, in cooperation with the National Department of Statistics "DANE", National Planning Department and the Director General of Budget, Ministry of Finance, will review Indices of cost of living and recommend to the Government the allowances to be made in the allowances and pensions of officials and the judicial branch, Attorney General, either to submit to Congress for consideration the relevant draft law, or to put them implemented directly if you have constitutional and legal powers to do so.
Article 35. Social benefits set forth in this Decree, or other provisions are waived. With the exception of the disability pension, which is not subject to seizure, the other as well as wages, can only be up to fifty percent of its value, provided they are in favor of cooperatives legally authorized, or to cover alimony be under the civil provisions.
Article 36. The Government will make the transfers and appropriations needed to implement of this Decree, as well as for the endowment. the elements required for the full mission referred to in Article 21 of Law 16 of 1968.
Article 37. This Decree shall apply 30 days after its publication in the Official Journal and repealing all provisions which are contrary.
published and execute. Given in Bogotá, DE, March 27, 1971.
Misael Pastrana Borrero
The Minister of Justice,
Miguel Escobar Mendez.
The Minister of Finance and Public Credit
Alfonso Patiño Rosselli
The Minister of Labour and Social Security,
Jorge Mario Eastman
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