Agreement 02-PROASOL-2023
Poder Ejecutivo
- Decree: 02-PROASOL-2023
- Published: August 9, 2023
- Issuing body: Poder Ejecutivo
- Gazette: 36,303
- Category: Administrative
Summary
PROASOL is a government program that pays monthly pensions of 500 lempiras to elderly people, people with disabilities, and other vulnerable groups living in extreme poverty. The program reviews and approves new beneficiary applications through a process that verifies documents and living conditions, and stops payments to those who die or cannot be verified as alive.
Considerations
Whereas the Constitution of the Republic in its Article 59 establishes that the human person is the supreme purpose of society and the State, and in that sense, the necessary provisions must be issued and actions executed to protect it and protect its assets.
Whereas the Presidency of the Republic has defined as one of the pillars in the Bicentennial Government Plan to Refound Honduras, the restitution of rights and protection to persons identified in vulnerable groups, with articulated actions directed at improving their living conditions through ordered and coordinated interventions.
Whereas in accordance with the Constitution of the Republic, elderly adults deserve special protection from the State, with the human person being the supreme purpose of society and the State.
Whereas Article 45 of the General Law of Public Administration establishes that deconcentrated organs or entities shall be created, modified, merged, or suppressed by Decree of the President of the Republic in Council of State Secretaries, and their heads shall be accountable for their management to the Centralized Administration office to which they report.
Whereas Executive Decree PCM 020-2022 dated August 11, 2022, published in the Official Gazette, contains the creation of the PROGRAM OF SOLIDARITY ACTION (PROASOL), as a deconcentrated entity with technical-administrative and financial autonomy whose mandate is social assistance to persons found in vulnerable groups such as: Vulnerable children of school age, persons in conditions of homelessness living on the street, forcibly returned migrants, persons with disabilities, vulnerable elderly adults, those displaced and affected by disasters, natural risks and/or pandemics, epidemics, etc.
Whereas the General Provisions of the General Budget of Income and Expenditures for fiscal year 2023, Decree No. 157-2022, dated January 12, 2023, published in the Official Gazette, contemplates the budgetary allocation for benefits to be granted in the concept of pensions to Elderly Adults in extreme poverty, which must be authorized by the Executive Director. Considering that through MEMORANDUM No. UAPS-001-2023, dated March 8, 2023, the Unit of Assistance and Social Protection submitted to the General Secretariat of PROASOL, a Technical Report and the documentation received from the Office of Disabilities ascribed to the Secretariat of Social Development with the purpose of analyzing the legal procedure to make effective the retirements and pensions to beneficiaries, which results in this agreement. Considering that through MEMORANDUM No. UAPS-010-2023, dated April 26, 2023, the Unit of Assistance and Social Protection requested the General Secretariat to prepare an Agreement to proceed with the payment of pensions and retirements.
Whereas through Memorandum GA-PROASOL-0106-2023, dated April 18, 2023, from the Administrative Management, the existence of the budgetary structure is presented showing the availability to carry out the corresponding pension and retirement payments, as well as the expenditure items to be affected.
Whereas the Unit of Assistance and Social Protection dependent on the Technical Coordination of Programs and Projects of PROASOL, together with the Technology Unit, conducted the purging through the National Registry of Persons of the database delivered by the Office of the Elderly, dependent on the Secretariat of Social Development (SEDESOL).
Whereas on May 26, 2023, the Legal Department of the Program of Solidarity Action issued Legal Opinion No. 001-DL-PROASOL-2023, stating that the payment is admissible through the budgetary structures of PROASOL, of pensions and benefits previously granted to elderly adults through SEDIS and SEDESOL.
Whereas the General Secretariat issued Resolution 001-SG-PROASOL-2023 dated May 29, 2023, in which it Declares ADMISSIBLE the retroactive payment for the year 2023 of retirements and pensions to persons who are in a state of vulnerability approved through Legislative Decrees, Executive Decrees, Ministerial Agreements, as of January 3, 2023 to the present date, and the Administrative Management and the Budget Sub-Management of the Program of Solidarity Action (PROASOL) are ordered to perform the necessary actions for the execution of payments to retirees and pensioners established in the database, in accordance with Executive Agreements, Legislative Agreements, Ministerial Agreements and those new beneficiaries that are included in the database, as established by the Regulations on Pensions and Retirements, in accordance with the rules of economy, promptness and effectiveness, in order to achieve a prompt and effective satisfaction of the general interest.
Articles
To approve the Regulation for the Payment and Procedures of Pensions and Retirements of PROASOL, which shall be read as follows: CHAPTER I 1. General Provisions 1.1 Background Considering the need to continue the payments of Pensions and Retirements that have been delivered since 2008 when the General Directorate of the Elderly attached to the State Secretariat in the Offices of Governance and Justice, subsequently its inclusion in the Secretariat of Social Development and Inclusion SEDIS under Executive Decree PCM 03-2014, later SEDESOL, was created to replace the Secretariat of Social Development and Inclusion (SEDIS), a structure governed by the execution of assistance and clientelist projects, which was eliminated by Executive Decree PCM-05-2022, to make way for a new State Secretariat, governing body of the Social Policy of Solidary, Inclusive and Violence-Free Honduras. Absorbed through PCM 05-2022 and PCM 19-2022 dated August 10, 2022, where SEDESOL was created, continuing the payments of Pensions and Retirements in 2022, according to Ministerial Agreement No. 30 – SEDESOL-2022 and in 2023 the Secretariat of Finance made the budget allocation for the PAYMENT OF PENSIONS and RETIREMENTS in the budget of the Solidarity Action Program PROASOL created by Executive Decree PCM 20-2022 dated August 11, 2022. In accordance with the Regional Agenda for Inclusive Social Development (ARDSI), groups in situations of vulnerability are: elderly persons; women; indigenous peoples; Afro-descendant populations; persons with disabilities; persons living in lagging areas; lesbian, gay, bisexual, transgender and intersex persons; migrants and those displaced by conflicts and populations affected by disasters and climate change; children, adolescents; excluded young persons. Persons belonging to these population groups suffer intersecting inequalities, such as indigenous or Afro-descendant women, where being a woman responds to gender inequality expanded across various social spheres and the ethnic-racial condition becomes an element of exclusion as well; for this reason, the principle advocating a sensitive universalism approach to differences must be adopted, strengthening initiatives so that "no one is left behind," both through the reduction of existing gaps and through affirmative actions to overcome access barriers faced by persons and groups experiencing some type of inequality, discrimination and exclusion. 1.2 Objectives General: To continue with the payment of Lifetime Retirements and Pensions approved in previous years by Legislative Decrees, Executive Decrees and Ministerial Agreements, and likewise detail the procedure for the assignment of new Pensioners and Retirees supporting the social and economic capacities of persons in situations of poverty, extreme poverty, vulnerability, exclusion and social risk to achieve active and healthy well-being, in the 18 departments of Honduras. 1.3 Specific Objective: 1. To review the update of the database delivered by the Directorate of the Elderly of Pensioners and Retirees, with the purpose of validating active beneficiaries and purging the deceased or those whom PROASOL cannot identify through the means established in this Manual. 2. To identify persons from vulnerable groups whose rights are being violated or who need economic support due to their vulnerability condition in situations of social and economic calamity for their inclusion and registration in the database. 3. To promote social inclusion through economic support on a lifetime basis, directed to persons in states of calamity and thus improve their quality of life, for entry of new beneficiaries who meet the requirements and procedures established. a. Scope: This regulation has the scope of identifying persons, not enrolled in the contributory pension system and who are in situations of vulnerability, in states of social and economic calamity, and must consider the following aspects: a) Existing database of 789 pensioners as of December 31, 2022, performing life verification of beneficiaries and who have their active bank account, through data crossing with the National Registry of Persons database, telephone calls and home visits or through support from Departmental Governorships, Municipalities and Community Leaders. b) To enter new beneficiaries who meet eligibility requirements through the application of socioeconomic cards and field visits, conducted by the Social Assistance and Protection Unit or by whomever the Executive Directorate designates. c) This regulation shall include pensioned persons who have been paid and approved by Legislative Decrees, Executive Decrees and Ministerial Agreements and the entry of new beneficiaries, who must comply with the administrative procedure for their respective payment. CHAPTER II 2. Foundations, Intervention Methodology and Assignment Procedures for Lifetime Pensions. 2.1 Foundations of Pension Assignment Honduras has traveled several paths to reduce poverty and improve the quality of life of persons and communities in conditions of vulnerability. Although on some occasions there have been positive results, both at the public and private level, it cannot be affirmed that all have been the fruit of effective coordination and efficient use of available resources. On the other hand, the perception has predominated that there has been no articulation, integrality nor efficiency in the use of resources, because there has not been a public policy with clearly defined objectives, approaches and guidelines, leading to the socioeconomic development of Hondurans in an effective and efficient manner. The Secretariat of Social Development is responsible for and shall articulate actions in social matters and poverty reduction in common agreement with the other State Secretariats, decentralized and deconcentrated institutions, municipalities and instances of the social and private sectors who are responsible for the execution of social programs and projects. The Social Protection Policy addresses from a comprehensive vision, which contemplates the articulation of three basic components:
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Prevention;
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Protection;
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Opportunities and Competencies, within the specific objectives of the Social Protection policy are: To provide special support to social groups that, for reasons related to their age, gender, multiculturality, disability, sexual orientation and gender identity, due to lack of protection are excluded, in situations of high social risk or present damages that require special attention. The Executive Branch through Executive Decree Number PCM-20-2022, dated August 11, created the Solidarity Action Program (PROASOL) as a deconcentrated entity of the State Secretariat in the Office of Social Development (SEDESOL) and in Article 3 establishes that among its functions are:
- 1)
To identify through an information system provided by the Social Development Observatory, care plans for vulnerable groups;
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To form a comprehensive agenda for the social assistance protection of persons who, due to their characteristics, are in the condition of vulnerable groups;
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To be executor of Public Policies in social matters and articulator of projects oriented toward the axes: Social assistance, human strengthening, educational strengthening and complementary health for vulnerable groups;
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To execute the programs and projects destined for the social care of vulnerable groups in the country, based on principles of transparency, objectivity, inclusion and efficiency. In Article 9, the Executive Directorate of the Social Care Program for Vulnerable Groups (PROASOL) is instructed to proceed with the elaboration of the manuals and regulations for the operation of the projects. 2.2 Approval of Amounts To comply with what is established in the Bicentennial Plan of the Government of the Republic in matters of social protection, which allows broad sectors of the population to gradually incorporate into programs that enable them to face the risks that the life cycle imposes, such as illnesses, accidents, incapacity, old age in situations of vulnerability, strengthening social protection with the assistance of properly targeted cash transfers so that they really reach sectors of the population in extreme poverty, without corruption or manipulation, the minimum economic support of L500.00 is established, as has been paid according to the amounts established in the ministerial agreements of previous years, plus the payment of the thirteenth month and fourteenth month, as well as the entry of new beneficiaries, said amount may be increased by the Executive Directorate of PROASOL, considering the high cost of living, budget availability, this benefit will be for the vulnerable groups served by PROASOL, who meet the eligibility criteria. 2.3 Intervention Methodology To develop the process of inclusion of persons from vulnerable groups in situations of social and economic calamity, the population shall be identified through local actors, such as governors, mayors and community leaders, as well as organizations already established in the different territories of the country; also PROASOL shall make direct identifications through the Social Assistance and Protection Unit or by other officials designated by the Executive Directorate. 2.4 Procedures for the Inclusion of New Persons for Lifetime Pensions or Retirements 2.4.1 Selection Requirements 1. Complete social and economic diagnostic format. 2. National Identification Document (DNI). 3. Photographs (Personal and housing conditions). 4. To possess or open a bank account. 5. To attach any medical diagnosis in case of illnesses or any other document that certifies their state of social or economic calamity. 2.4.2 Approval Procedure for New Lifetime Pensions or Retirements In order to guarantee the legality, transparency and efficiency of procedures, to provide economic support to persons in situations of social and economic calamity, the instances that shall conduct the selection and approval of beneficiaries of access to a lifetime pension shall be named, which are described below: 2.4.3 Instance for Selection and Approval of Lifetime Pension The instances are: Social Assistance and Protection Unit, Pension Approval Committee and Executive Directorate, this regulation regulates its functioning. 2.4.4 Social Assistance and Protection Unit Responsible for: Receiving lifetime pension applications, review of documentation in the first instance applications shall be validated through verification of the social and economic diagnostic format. Functions:
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Verification of the completion of the social and economic diagnostic format complying with the eligibility criteria.
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Coordination with governorships, municipalities or community leaders, conducting home visits and completing social and economic diagnostic formats of beneficiaries when warranted.
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When necessary, conducting field visits as needed to validate corresponding applications.
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Sending all corresponding documentation to the Pension or Retirement Approval Committee.
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Ensuring that the corresponding payment procedure for Approved Lifetime Pensions and Retirements is carried out.
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Update and purging of the beneficiary database every 3 months in coordination with PROASOL's IT department, relying on the National Registry of Persons. 2.4.5 Pension Approval Committee Responsible for: Reviewing and approving lifetime pension applications, review of documentation in the second instance applications shall be validated through assessment of the information described in the social and economic diagnostic format and attached documents. The Committee shall be composed of three members, a president, a secretary and a vocal member, the three with voice and vote and shall be appointed as follows: one by the Executive Directorate, one for the General Coordination of Programs and Projects and one by the Administrative Management, who at their discretion are apt to perform the function. Functions:
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Review and assessment of documents submitted by the Social Assistance and Protection Unit.
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Based on the completion of the socioeconomic format, assess social vulnerability such as dependence on others for their care and well-being.
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Assess calamity as the misfortune or adversity that affects a person and that occurs in the close family environment.
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Approve pensions unanimously by the members and submit a report to the Executive Directorate for the approval of beneficiaries who meet the eligibility criteria. 2.4.6 Executive Directorate It is the instance that defines and establishes the policies, strategies and norms required for the operation of the Program, and shall ratify the approval of lifetime pensions that meet the eligibility criteria. Functions:
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Request from the Social Assistance and Protection Unit the review of beneficiary documents, prior to the committee's review.
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Appoint the representative of the Executive Directorate to the lifetime pension approval committee.
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Ratify the approval of lifetime pensions that meet the eligibility criteria according to the committee's report. 2.5 Means for Exclusions of Pensions Beneficiaries with lifetime pensions shall be excluded in the following cases: 1. The deceased identified through data crossing with the national registry of persons, 2. Life verification through telephone calls 3. Sending of lists of pensioners to departmental governorships for them to identify or perform corresponding life verification. 4. Beneficiaries who fail to maintain active accounts during a period established by PROASOL. 5. Beneficiaries found in the database through 2022 and for whom life verification cannot be performed, within a period established by PROASOL, shall have their names published on social networks and in a national circulation newspaper and two months thereafter shall be purged from the databases. [Table of No., DNI NUMBER, FIRST NAME, SECOND NAME, FIRST SURNAME, SECOND SURNAME, AMOUNT HNL follows, containing 38 entries from row 1 to row 38]
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- 1)
To approve the benefit in concept of payment of Pensions in the amount of L500.00 (FIVE HUNDRED LEMPIRAS MONTHLY), during the period from January to December 2023 for the following persons: [Table of No., DNI NUMBER, FIRST NAME, SECOND NAME, FIRST SURNAME, SECOND SURNAME, AMOUNT HNL follows, containing 664 entries with pension amounts of L500.00, L1,425.00, L3,000.00, L10,000.00, and L20,000.00, followed by a second table listing additional persons without monetary amounts]
To cancel the benefit of payment of retirements and pensions, according to the purged database by the Technical Unit of Technology, Information and Interoperability, through the National Registry of Persons of the following persons: [Table of No., DNI NUMBER, FIRST NAME, SECOND NAME, FIRST SURNAME, SECOND SURNAME follows, containing 135 entries]
It is ordered to the Social Assistance and Protection Directorate to prepare an administrative file, completing individual files for each retired and pensioned person, establishing the creation of files for better selection criteria, for new entries and for current beneficiaries.
It is ordered to the Technical Unit of Technology, Information and Interoperability to perform updates and purges of the database in order to verify an actual count of the status of each person beneficiary of pensions and retirements, providing updated reports with an organized registry, as well as maintaining direct communication with the National Registry of Persons in support of verified information of deceased pensioners.
To instruct the Social Assistance and Protection Unit, dependent on the Technical Coordination of Programs and Projects of PROASOL to conduct analysis, monitoring, supervision and evaluation for changes in cases that by law would be appropriate.
With the database of pensioners provided by the Directorate of the Elderly, a validation process was performed by crossing data with the National Registry of Persons where 126 deceased persons were identified, a process conducted through the technology unit according to email dated March 8, 2023, on the other hand the Social Assistance and Protection Unit conducted telephone calls to pension beneficiaries, where nine (9) additional deceased persons were identified not yet reported to the National Registry of Persons, making a total of 135 deceased persons. ARTICLE 8: To proceed with the payment of pensioners and retirees, based on the amounts that have been paid in previous years as established by the Regulation and this Agreement, for new entries, the Executive Directorate may authorize the amounts as established in the Regulation of Retirements and Pensions.
This Agreement is of immediate execution and shall enter into force from the date of its signature and must be published in the Official Gazette La Gaceta. Done in the city of Tegucigalpa, municipality of the Central District, on the thirtieth (30) day of the month of May of the year two thousand twenty-three (2023). BE ADVISED AND PUBLISHED OLGA LYDIA DÍAZ MELÉNDEZ Executive Director YESICA CAROLINA MOLINA General Secretary
Related laws
- Acuerdo No. 02-PROASOL-2023 — Reglamento para el Pago y Procedimientos de Pensiones y Jubilaciones de PROASOL (Decree 02-PROASOL-2023, 2023)
- Ministerial Agreement 019-2023 authorizing the construction and paving with hydraulic concrete of the central highway: Marale - Yoro Highway Junction — This agreement authorizes Cordón's Heavy Equipment company to extract materials from the Sulaco river to pave the central highway between Marale and the Yoro highway junction with concrete. The project benefits highway users and requires notification of nearby municipalities and communities before material extraction begins.
- Acuerdo Ejecutivo No. 003-SG-PROASOL-2023 — Convenio Marco de Colaboración entre PROASOL y BANASUPRO para suministro de canasta básica madre virtuosa — This agreement allows PROASOL (social assistance program) to purchase 10,000 basic food baskets from BANASUPRO (state-owned company) to distribute to mothers in poverty on Mother's Day. BANASUPRO commits to deliver the products within 10 days, PROASOL to pay within 30 days, ensuring transparency and quality throughout the process. (Decree 003-SG-PROASOL-2023, 2023)
- Acuerdo Ejecutivo No. 004-SG-PROASOL-2023 — Convenio Marco de Colaboración entre PROASOL y BANASUPRO para suministro de kit escolares — This agreement allows PROASOL (social assistance program) to purchase school kits from BANASUPRO (state basic products company) to distribute free of charge to 64,275 vulnerable students. The kits include notebooks, pencils, backpacks, and other supplies. BANASUPRO must deliver the products within a maximum of 10 days, and PROASOL will pay within 30 days after receiving the invoice. (Decree 004-SG-PROASOL-2023, 2023)
- Acuerdo Ejecutivo No. 002-SG-PROASOL-2023 — Convenio Marco de Colaboración entre PROASOL y BANASUPRO para suministro de insumos o productos de la canasta básica (Decree 002-SG-PROASOL-2023, 2023)