Regulation of the Retirement Law for the Justice Sector

THE COURT and the employees and officials of the Judicial Power who by provision of the Law and the present Regulation proceed to enjoy a pension or retirement, shall continue to contribute the corresponding percentages to the Honduran Institute of Social Security based on the pension or retirement that the participant receives, subject to prior agreement with said Institution. THE PARTICIPANTS retired before the effective date of the present Regulation, to enjoy health benefits, shall contribute to the Social Security System in the same terms and percentages established in the preceding paragraph. Article 4- for the purposes of subsection b) of Article 1 of the Law, THE PARTICIPANTS must fill out or complete the form that will be provided by the COURT and send it to THE OFFICE, personally or by certified mail, containing the express designation of their beneficiaries. Such designation must be clear, indicating the relationship, age, amount or percentage corresponding to the designated beneficiaries; if sent by certified mail, the participant's signature must be authenticated by a Notary or in its absence by the competent Justice of the Peace. Article 5- In the event that no beneficiary has been designated or if none exist at the time of the participant's death, the following shall have the right to the compensation established and as the case may be, underage heirs, spouses or household companions and/or their parents who were economically dependent on the deceased, for which purpose they must present the respective written request to THE OFFICE, attaching the certification of the judgment in which the heirs of the participant are declared, certificates of the birth and death certificates and the proof that establishes the other pertinent matters. Article 6- The full and single payment of the death compensation referred to in numeral 1) of the Article of the Law, must be made as soon as possible without exceeding a maximum period of 30 business days from the date the respective request was submitted, duly accompanied by the respective documentation. Article 7- For the purposes of subsection c) of Article 1 of the law, THE PARTICIPANT, in addition to presenting the respective Pension request with the documentation that accredits their state of health and other required matters, must submit to the examination of the Specialist Doctors that THE OFFICE determines. Article 8- The Judicial Power employee who has completed the minimum working time and the age of 58 years may voluntarily request their retirement. Article 9- The request for Pension or Retirement referred to in the preceding Articles must be presented personally before THE OFFICE by the participant or by means of an attorney-in-fact. The participant must grant power of attorney to a duly registered law professional to represent him when he is not able to practice such profession. Article 10- To obtain the right to retirement, the participant must prove the length of service and their age, by presenting the respective documents. Article 11- Once the Retirement or Pension request is submitted, THE OFFICE will conduct the study and issue the corresponding opinion on the merits or otherwise of what is requested, action that must be carried out within a period not exceeding 15 business days. Article 12- To the active servants who to date have held positions in their capacity as substitutes, interim staff or members, the rights acquired prior to the Law reform are recognized, therefore the time of service will be computed as if they had actually worked it, however, from April 28, 1997, the date on which Decree 12.97 becomes effective, only the time they actually provide the service and pay the corresponding contribution will be computed. Article 13- The deductions made to active participants to form the RETIREMENT FUND, as well as the contribution that THE COURT makes to cover the actuarial technical deficit and the employer contribution required for the payment of benefits established in the law, must be maintained in a separate account and may not be given any purpose other than that provided by THE LAW. The employer contribution shall be 11% of the salary of each participating employee, and that of the active participant shall be 7% of their salary. Likewise, the Court will absorb the percentage of actuarial deficit that results annually. Article 14- The present system of retirements and pensions is essentially temporary, therefore THE COURT will ensure that the appointments of personnel made in the future fall to persons who meet the necessary requirements to be incorporated into the retirement system of Employees and Officials of the Executive Power. Article 15- For the administration of the FUND, an Administrative Board is created consisting of the Director of Personnel Administration, who will preside over it, the Special Payer of Justice and a representative of the Association of Retirees and Pensioners of the Judicial Power, selected by the Court from a slate of three that said Association proposes. THE COURT will set a period of ten days for the Association to propose the slate, after which, if it does not do so, the Court will make the appointment ex officio. Article 16- The Board shall oversee the correct administration of the FUND and must, among other measures, keep these resources on deposit in the banking or financial institution that offers the best conditions and security. To begin the creation of said FUND, THE COURT contributes the reserve fund of SIX MILLION EXACT LEMPIRAS (Lps. 6,000,000.00) from item No. 51710, plus the available amounts from the Retirees line of the current budget. Article 17- The Administrative Board shall meet on a mandatory basis on the last business day of each month and also on the date as determined according to its needs. Article 18- The decisions of the Board shall be taken by majority vote. Article 19- Upon the entry into force of this Regulation, THE COURT must immediately proceed to make the respective adjustments to the Retirements and Pensions that are below the minimum salary calculated from the date of entry into force of DECREE 12-97. Article 20- The appointment of persons who are enjoying retirements is prohibited, whether due to physical disability that prevents them from working or due to age and length of service. Article 21- Persons who have obtained the retirement benefit and are newly incorporated by virtue of having recovered their physical or mental capacity and have not reached 55 years of age, remain subject to the Retirement and Pension System of Employees and Officials of the Executive Power (INJUPEM). Article 22- Judicial Power employees who, notwithstanding having obtained a Retirement resolution, continue to provide service in the Judicial Power and who are not covered by the provisions of Article 1 of the Law, remain subject to the System of the Institute of Retirements and Pensions of Executive Power Employees (INJUPEM), with said resolutions having no value and effect whatsoever. Article 23- To estimate and quantify the actuarial deficit referred to in the Law, THE COURT must proceed to conduct an actuarial study. Article 24- The present REGULATION shall enter into force from the date of its approval and must be published in the Official Gazette "LA GACETA" APPROVED IN THE SESSION ROOM OF THE SUPREME COURT OF JUSTICE ON THE TWENTIETH (20) OF AUGUST 1997.- Published in the Official Gazette La Gaceta Number 28,357 of September 6, 1997. MIGUEL ANGEL RIVERA PORTILLO President RIGOBERTO ESPINAL IRÍAS MARCO TULIO ALVARADO CRESPO ARMANDO HERNÁNDEZ MUNDT JOSÉ EDUARDO GAUGGEL RIVAS EDGARDO CÁCERES CASTELLANOS JUAN MURILLO DURÓN ANGEL RAMÓN MENA BAIDE CARLOS ALBERTO GÓMEZ MORENO LUCILA CRUZ MENÉNDEZ Secretary