contemplates a more limited turn and makes access to unemployment insurance more flexible



April 16, 2020 Facade La Moneda Photo : Andres Perez 7 La Tercera PALACIO DE LA MONEDA - GOVERNMENT HOUSE - GENERAL VIEWS - PARTIAL VIEWS - FACADE - FRONT


© Andrew Perez
April 16, 2020 Facade La Moneda Photo : Andres Perez 7 La Tercera PALACIO DE LA MONEDA – GOVERNMENT HOUSE – GENERAL VIEWS – PARTIAL VIEWS – FACADE – FRONT

The government submitted to Congress an alternative bill to the fifth withdrawal in order to ensure that said initiative is not approved. This was reported this morning by the chamber of the Chamber of Deputies, and despite the fact that it was proposed that the new government project be seen by the joint Constitution and Labor commissions, so that it later passes to the Treasury Commission, there was no agreement on room, so it will finally be seen in its entirety by Labor, and then, as appropriate, by the Treasury.

The project, which was entered with the maximum speed by the Executive, and that according to the financial report does not incur greater fiscal spending, proposes several things, regarding which, the preliminary reactions of economists, the market and experts in social security cThey agree that this initiative is much less bad than the previous one, and will have a much more limited effect on the economy and inflation, but in any case there are several reservations.

What does the government initiative say? In the first place, the project defines exceptional cases in which a withdrawal of 10% of the funds that have affiliates in the AFPs is authorized, with a maximum of UF150 and a minimum of UF35, as has been the pattern of resources. maximum and minimum to withdraw in previous spins. It also defines that the withdrawal may be requested within a period of one year from the publication of the law.

There it is established that people who want to demand the payment of debts originating from alimony will be able to access, allowing their alimony or their surrogate legal representative in the right of the debtor, to request a withdrawal from the pension funds up to the total of the debt.

But only in this specific case, it will not be just this time and exceptionally, since the project indicates that permanently, from now on, the family courts will be able to order that the debt be settled from the pension funds. that the debtor has in his individual savings account, in cases of repeated non-payment.

In addition, this topic will have the first order of precedence versus the other causes that can be invoked to access this new twist. The order of priority for the other grounds is as follows.

Second, the project says that those who need to pay current debts with health institutions will be able to access the new line. The above, whether they are debts with your public or private health insurance; as well as with institutional providers. This will have to be accredited through the Superintendency of Health.

“The withdrawal may not be imputed to the payment of fines, interest, or other associated expenses, which will be considered extinguished by the sole fact of the payment referred to in this law, in proportion to the amount paid,” the project details.

Thirdly, it is proposed that those who need to increase their savings to apply for subsidies for the acquisition of the first home established by Supreme Decree No. 1 of 2011 and Supreme Decree No. 49 of 2011, both from the Ministry of Housing and Urbanism, can request retirement. .

Fourth, this transfer will be allowed to pay mortgage debts of up to UF 4,000 contracted until March 31, 2022 for the acquisition of the first home.

As a fifth point, the government proposes to authorize this withdrawal for the payment of basic service debts not covered by the subsidies established in Law No. 21,423. That is, to pay debts for health services, electricity and network gas due until March 31, 2022.

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Of course, on the latter, the initiative details that “this cause may be invoked both by beneficiaries of the apportionment mechanism established in Law No. 21,423 and by non-beneficiaries. In the first case, the amount withdrawn may be attributed to debts contracted outside the period included therein, as well as attributed to the payment of the monthly installments that are defined in application of the proration mechanism defined by law, in the part that is not covered by the subsidy that it establishes”.

It also adds that “neither can the payment of fines, interest, or other associated expenses be imputed, which will be considered extinguished by the sole fact of the payment referred to in this law, in proportion to the amount paid.”

The sixth and last exceptional case to withdraw funds is for the payment of financial, banking and non-banking debts, contracted until March 31, 2022. Of course, it will only be for debts that the affiliate has contracted personally, and excludes debts and credits where the owner is a legal person in which the member has a share.

En an event at Sofofa, the Minister of Finance, Mario Marcel, explained that “in terms of fund liquidations, this is something of a very different magnitude.” And he detailed the calculation they have made: “I would say that in terms of fund liquidations, no more than a tenth of what a massive and unconditional withdrawal would have required.”

unemployment insurance

On the other hand, the bill introduced by the government also includes provisions that make access requirements more flexible and improve the unemployment insurance benefits of Law No. 19,728, which would allow, says the initiative, more people to access these benefits. when they find themselves in situations foreseen by the project.

There, the percentages of the reference remuneration that can be withdrawn in each transfer are increased, for the third and following months that they receive the benefits, allowing the beneficiaries a faster access to the funds.

The conditions of access to the individual account are also made more flexible. In detail, the requirement of previous contributions to access benefits is eliminated, which according to the project’s financial report, “allows a significant increase in the number of people who can access these.”

On the other hand, the requirements to access benefits from the solidarity unemployment fund are temporarily reduced. There it is specified that to access the benefits they are reduced from 12 contributions in the last 24 months (with the last three corresponding to the same employer) to three continuous contributions in the last three months prior to the end of the contract, or six contributions in twelve months, with the last two continuing and from the same employer.

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