This is how the destiny of legislators who are not elected or who abandon political activity is managed, according to the table of subsidies that was made public in recent days and that shows the subsidy that some legislators receive. A kind of privileged Unemployment Insurance that hits the nose against six months and the half salary that an ordinary worker receives in Unemployment Insurance.
Let’s also say that before it was three years until the Broad Front began to force itself in parliament and there it was decided to shrink it. In the past, they not only received the subsidy for three years but also retired as legislators.
Now it’s only one year and then that is cut and after a year they have to find another job.
In the event that the legislator resigns during the period, unless it is due to illness or because it is endorsed by three-fifths of the votes of the chamber, he cannot take advantage of the subsidy until the end of the period for which he was elected. In other words, if he resigned his seat a year after taking office, he has to wait for the period for which he was elected to end, in order to present himself and collect the subsidy. Sendic’s case was the most prominent in recent times.
The question that arises is what happens to those who rely on the subsidy and are then appointed to a position of trust, are appointed by the Executive Power in a public company or in a decentralized body.
Doubts are clarified by the Nation’s General Accounting Office, as can be seen on the website of the Presidency of the Republic.
There appears Instruction No. 2/2020, which refers to the subsidy for termination of elective, political and private positions. It is based on Institutional Act No. 9, of 10/23/1979, article 35 and its amendments. Law No. 18,719 of 12/27/2010, Article 67. Decrees No. 398/989 of 08/24/1989, No. 169/990 of 04/04/1990 and No. 626/992 of 12/17/1992 .
Right to receive the subsidy
The holders of elective, political and particular trust positions of Subsections 02 to 19, 25 to 27, 29 and 31 to 35, who cease their activity and do not receive any other type of income charged to public funds.
For the purposes indicated, political positions or positions of particular trust are considered to be those declared such by national laws (article 9 of Law No. 15,809 of April 8, 1986, amending and concordant), as well as the positions of the members of the Supreme Court of Justice, Court of Accounts, Electoral Court, Court of Administrative Litigation, Court Prosecutor and Attorney General of the Nation, State Attorney for Administrative Litigation, holders of public office by virtue of direct election of the electoral body, Ministers and Undersecretaries of State, Director and Deputy Director of the Office of Planning and Budget, Secretary and Deputy Secretary of the Presidency of the Republic and Directors of Autonomous Entities and Decentralized Services
Grant Determination
The subsidy will be determined considering 85% (eighty-five percent), of the total assets of the position in which it ceases, regardless of the salary option that would have been made for its active performance, and will be served by the body where functions have been rendered.
The calculation basis will be determined considering:
a. The assets of the position in activity.
b. Seniority premium.
c. Any new item that is incorporated into the position in activity.
The beneficiaries will have the right to receive the Christmas bonus corresponding to the period of validity of the benefit, under the same conditions and opportunity that the Executive Branch provides for public officials; and, if applicable, the social benefits (eg: family allowance and constituted household).
Subsidy Compatibility
The perception of benefit is compatible with:
a) the perception of salaries from the performance of teaching positions in Public Institutions;
b) the configuration of retirement grounds.
Incompatibility of the subsidy
The subsidy is incompatible with:
a) the receipt of activity assets charged to public funds, the re-entry into the Public Administration of the beneficiary will mean the automatic cessation of the right to continue receiving it;
b) the collection of retirement, pension or withdrawal assets, from any affiliation, whether public or private.
benefit duration
The subsidy will be served for a period equivalent to three times the time in which the position was held, with a maximum term of one year from the day following the termination.
The list that follows is the list of legislators who were not re-elected in this last period and who, not being re-elected because they did not participate in the electoral act or because they did not reach the votes, took advantage of the subsidy.
The entrance Unemployment insurance for legislators: The privilege of being a politician was first published in The Digital Echo.
