Law 16,744

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ADOPTS REGULATIONS FOR THE IMPLEMENTATION OF THE LAW N º 16,744, ESTABLISHING RULES FOR ACCIDENT AND OCCUPATIONAL DISEASES

TITLE VII
TRANSITIONAL PROVISIONS
Transitional Article 1
The employing units shall, from the force of law, and to the institutions that apply for Social Welfare, quotes the President of the Republic may establish in accordance with the provisions of Article 15 of the Act on the remuneration taxable workers whose risks from occupational accidents and diseases are not insured at 1 May 1968, either by voucher system, membership in mutual or self-insurance.
The social welfare institutions condition the receipt of payment of charges that employing units should do for the month of May of this year, the delivery by those of a notarized affidavit containing the following information:
a) activity, defined as that which constitutes the main purpose of the employer. In the case of several activities, they will be stated in order of importance, as determined by the number of employed persons providing services in each of them;
b) Number of insured workers who are exempt from contributions, indicating the total amount of taxable wages. For these purposes, shall be considered taxable wages as defined in Article 17 of the Act, and
c) Date of expiry of the respective policies with an indication of the salaries of employees in the manner indicated in the previous issue.
The entire lack of timely contributions arising from the condition imposed in the second paragraph, shall not relieve the employing entities of interest, penalties and fines established on the matter by the law.
Article 2 Transitional
Shall be deemed to have complied with the provisions of the Act and its Regulations employing units that, as of 1 May 1968, are insurance contracts in force on occupational accidents and diseases in commercial companies or the Accident Fund of work, and until the end of the respective contracts. Defeated them, employing units shall be subject to all provisions of the Act and its regulations.
Nothing in the preceding paragraph shall also apply to currently employing units affiliated to a mutual or self-insurance system known.
Article 3 º transitional
Within 10 days following the publication of the regulation in the Official Journal, administrative bodies who do not have adequate medical services must agree the provision of medical services.
While further development of the respective agreement, the National Health Service is required to provide medical benefits under the welfare funds, which must cancel in accordance with the rates of "Tariff Relief Benefit" of this department.
Article 4 Transitional
The surplus referred to in Articles 42, 43 and 44 of this regulation and corresponding to the 1968 financial year will be determined by the President of the Republic in the decree issued under subparagraph 1 of Article 37 of this regulation. The decree also set the timing and form that will be effective the corresponding contributions.
Article 5 Transitional
All the benefits granted or imposed before the law and they are not in the situations referred to in articles 1 and 6 transient it will persist in the same way.
Article 6 º transitional
Insurance Companies will fulfill the contracts referred to in article 5 of the transitional law in the terms set forth, meaning they incorporated existing laws at the time of its conclusion.
Article 7 Transitional
Reconócense, for insurance purposes, the Mutual employing entities that, as of 1 May 1968, were legally incorporated.
Workers employing units, in the mentioned date, insured in any of those funds, shall be considered affiliated with the insurance system established in the law from that time and shall be entitled to all benefits therein down.
These bodies should require their members the same contributions as governed by law, following its validity, without prejudice to observe the provisions of contracts or agreements concluded before that date, as provided for in Article 5 Transitional law to private insurance companies.
The abovementioned funds must comply with the requirements of Articles 12 and 13 of the Act and the Organic Statute for them to be given on the date that it is determined.
Employing units may be secure in the Mutual to which they are attached to their new employees. The mutual funds may also accept the accession of new entities employers.
Article 8 Transitional
Mutual funds can not be created as new is not dictated by the President of the Republic of the Organic Statute concerned.
Article 9: Transitional
It is hereby recognized quality insurance delegated administrators to employing units as at 1 May 1968 granting benefits are subject to the system known as self-insurance. As of the date indicated, those trustees delegates shall be subject in all its parts with the requirements of the Act and its regulations, especially with regard to contributions and benefits.
Within six months from 1 May 1968, should enter into new agreements covering properly all the requirements of the insurance system. However, if the sign the new agreement is found that the managing director can not fulfill the requirements of number of workers and capital reserve requirements set out in paragraph 1 of Article 23 of the rules, the President of the Republic may authorize subsistence favorable report of the Superintendent and as will comply with other requirements. The security referred to in subparagraph e) of Article 23 of this regulation shall be established at the signing of the new agreement.
Employing units, prior to 1 May 1968, have been providing benefits for the auto insurance and do not want to continue to do so, shall notify the National Health Service and authorities that apply within 10 days publication of this regulation in the Official Journal.
Article 10 º transitional
The revenue accruing to the Guarantee Fund, which is absorbed by the Fund for Occupational Accidents and Diseases in accordance with Article 81 of the Act, continue to be made in the latter, which, in turn, will be responsible for all taxing commitments to the Guarantee Fund.
Consequently, the Fund Accidents continue to receive contributions from permanent and those who must make the Treasury in accordance with the provisions of Articles 18 and 19 of Law No. 14,688, the product of the premiums from the policies employed by the Labour Accident Fund prior to the enactment of the law and, in general, other resources allocated to the Guarantee Fund.
Article 11 º transitional
The guarantees provided directly or indirectly by the employing units in the cases referred to in Article 22 of Law No. 4055, may be redeemed under the terms of paragraph 2 of article 4 of the transitional law.
The capital representative, in such cases they must pay the Service will be calculated actuarially by it and subject to the approval of its Board of Directors.
Article 12 º transitional
Head of the Department of Service shall enjoy, until the charge is served by the staff as at 1 May 1968 had the character of Executive Vice President of Occupational Accidents Fund:
a) Continue to integrate the Council of the Provident Fund and Employees' Encouragement of the State Bank of India, and
b) To continue integrating the Advisory Council of the Ministry of Public Health.
Article 13 º transitional
The Department shall designate, hereinafter referred to as its representatives to the Board of the General Insurance Company of "The Work", SAC One of them should be the former Vice President of the Industrial Accident Fund, while he served as Head of Department .
Article 14 º transitional
The repair and construction works carried out or undertaken with funds provided under Article 104 of Law No. 14,171, will continue in the same way until its final completion.
Respective funds be made available to the Social Security Service, who accounted for separately.
Article 15: Transitional
Employers covered by transitional Article 6 of the Act must notify the Service within 10 days of publication of this regulation in the Official Journal, the names of the workers covered by the insurance are in force.
For the other workers, must be made at the appropriate administrative bodies of all the contributions mandated by law as from the effective date thereof.
Article 16 º transitional
When we were sure that existing employers referred to in the preceding article as it covers only compensation calculated on an income below that paid by the worker really should find the prices set by law on the difference between income from the date of its validity.
Article 17 º transitional
The Supreme Government, during the years 1974 and 1975, self-appointed representatives and directly to physicians listed in subparagraphs b) and c) of Article 78 of Law No. 16,744, without being subject to the procedure provided for in Article 82 of this decree.
Article 18 º transitional
The Supreme Government, in 1978, self-appointed representatives and directly to doctors out in points b) and c) of Article 78 of Law No. 16,744, without being subject to the procedure provided for in Article 82 of this Decree.
Article 19 º transitional
The Supreme Government, during the years 1982, 1983, 1985 and 1986, self-appointed representatives and directly to doctors mentioned in subparagraphs b) and c) of Article 78 of Law No. 16,744, without being subject to the procedure under Article 82 of this decree.
Article 20 Transitional
The Supreme Government, in 1988, self-appointed representatives and directly to doctors out in points b) and c) of Article 78 of Law No. 16,744, without being subject to the procedure under Article 82 of this Decree.
Article 21 º transitional
8 months extension for the term of office of members of the current Medical Claims Commission, referred to Article 84 of this Regulation.
Article 22 Transitional
Extended for 6 months the term of office of members of the current Medical Claims Commission, referred to the letters b) and c) of Article 78 of Law No. 16,744.
Article 23 Transitional
Validate the appointment of a member of the Medical Complaints Commission referred the letter d) of Article 78 of Law No. 16,744 until June 30, 1994.
Let it be, communicated, published and placed in the collection corresponding to the Comptroller General of the Republic Eduardo Frei .- .- .- Ramón Villarreal Eduardo León Valdivieso Delaunay.

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