Executive Decree 02-2022
Poder Ejecutivo
- Decree: Ejecutivo-02-2022
- Published: February 22, 2022
- Issuing body: Poder Ejecutivo
- Gazette: 35,855
- Category: Labor
Summary
This decree intervenes in the National Teachers' Pension Institute (INPREMA) by appointing a three-person commission to manage it for six months. The commission must guarantee services and benefits to retired and active teachers, increase the institute's resources, and implement new financial services for teachers. It mainly affects teachers who depend on INPREMA.
Considerations
Whereas Article 1 of the Constitution of the Republic establishes that Honduras is a State of Law, Sovereign, constituted as a free, democratic and independent Republic to assure its inhabitants the enjoyment of justice, freedom, culture and economic and social well-being.
Whereas in accordance with Article 245 of the Constitution of the Republic, the President of the Republic has charge of the general administration of the State, the supreme direction and coordination of the Centralized and Decentralized public administration, being within her attributions to direct the General policy of the State and represent it, create and maintain public services, and may decree extraordinary measures in economic and financial matters when so required by the national interest, acting by herself or in Council of Ministers.
Whereas by means of Executive Decree PCM 055-2021, published in the Official Gazette La Gaceta on the seventeenth (17) of May of the year two thousand twenty-one (2021), the Special Commission for Transition and Normalization of the National Institute of Teacher Benefits (INPREMA) was appointed, whose nature and powers were granted in accordance with what is established in the Seventh Section, Title Two of the General Law of Public Administration as of its entry into force, having been conferred the same powers that correspond to the organs of superior decision, principally regarding the functioning and administration of INPREMA. Special Commission that was to remain in office for the term of six (6) months that ended on the (17) of November of the year two thousand twenty-one (2021); subsequently its term in office was extended until the thirty-first (31) of December of the year two thousand twenty-one (2021), by means of Executive Decree PCM 122-2021; and a third and final extension was granted until the twenty-sixth (26) of January of the year two thousand twenty-two (2022), by means of Executive Decree PCM 141-2021, published in the Official Gazette La Gaceta on the thirty-first (31) of December of the year two thousand twenty-one (2021); as of which date the National Institute of Teacher Benefits (INPREMA) has remained without its Principal Authorities, running the risk that the daily operability of the Institution will be paralyzed, which evidently has repercussions on the provision of financial services and the granting of the benefits of assistance and social welfare that by right corresponds to the Teaching profession to enjoy.
Whereas to guarantee the correct administrative functioning of the National Institute of Teacher Benefits (INPREMA), it is imperative to provide it with an authority responsible for guaranteeing its correct administration, operability, provision of services to its participants and above all guaranteeing the granting of the Provisional Benefits that by law correspond to it. Therefore, urgent and inescapable concrete measures are required to ensure the optimal functioning of the system, all in strict protection of the interests of Retired, Pensioned and Active Teachers, who are the sole contributors and beneficiaries of the Institute.
Whereas the legitimate interest of the State and the participants of the system of the National Institute of Teacher Benefits (INPREMA) converge with the objective of increasing the patrimonial solvency of the Institute to guarantee that the Teaching profession receives the benefits of assistance and social welfare that derive from the Law.
Whereas the General Law of Public Administration in its Articles 98, 99 and 100, reformed by means of Legislative Decree Number 266-2013, establishes: The Executive Power may intervene totally or partially in all entities, organs or units of the public administration that operate with losses, do not fulfill their functions or do not adequately provide the services for which they were created. If intervention proceeds, it shall be in charge of an Intervention Commission that will be responsible for the administration of the intervened entity, organ or unit and shall perform an evaluation thereof, with the Advisory of the Superior Court of Accounts; said Intervention Commission has the powers that correspond to the administrators thereof exercising their legal representation and will have the necessary powers to establish timely recommendations that allow the Powers of the State to take the pertinent and timely actions, within the scope of their constitutional attributions.
Whereas for the realization of the tasks corresponding to the objective of this Decree and to fulfill the Teaching profession in general, it is necessary the appointment of suitable persons of recognized integrity, civism, professionalism and competence in the fulfillment of their functions.
Articles
To appoint an Intervention Commission of the National Institute for Teachers' Social Security (INPREMA), which shall be responsible for the administration and operation of the intervened entity, which must guarantee the provision of services to system participants and the granting of social assistance and welfare benefits derived from its founding Law, among others. The Intervention Commission shall have the powers granted in this Executive Decree and those contained in article 100 of the General Law of Public Administration; as well as all those powers that correspond to the administrators of autonomous institutions, those established in the Law of the National Institute for Teachers' Social Security (INPREMA) and others that legally correspond.
The Intervention Commission shall be composed of a president commissioner and two deputy commissioners, who shall be appointed by the President of the Republic, with the attributions of the superior decision-making body, principally with respect to the administration and operation of the National Institute for Teachers' Social Security (INPREMA). The Commission shall remain in office for a period of six (6) months, which may be renewable. The decisions of the Intervention Commission shall be made by simple majority of its members and the one who presides shall have the legal representation of the Institution.
The Intervention Commission shall frame its management within the following objectives: a). To ensure that the Selection of the Directory of Specialists is carried out before the end of its administrative management, in accordance with the procedure established by the Law of the National Institute for Teachers' Social Security (INPREMA) and the Manual for Selection of the Directory of Specialists approved for such purpose. b). To increase the patrimonial solvency of the Institute through the diversification of its economic resources, in Investment Projects that guarantee conditions of security, liquidity, diversification of risk and whose yields ensure the granting of social assistance and welfare benefits to the Teaching Corps. c). To execute the appropriate actions for the incorporation of new financial services for the consolidation and/or readjustment of debts, implementation of more accessible requirements for the granting of loans, soft interest rates that are attractive to system participants, and the implementation of mechanisms that guarantee immediate provision of services and benefits to the Teaching Corps. d). Those others that it considers necessary to comply with its obligations.
The Intervention Commission shall request the Superior Court of Accounts (TSC) to appoint the advisory team referred to in article 99 of the General Law of Public Administration and is empowered to request the collaboration, participation, and integration of other public or private entities that it considers pertinent.
The Intervention Commission shall submit a preliminary report to the President of the Republic through the Secretary of State in the Office of Education and to the superior body, the Assembly of Participants and Contributors of INPREMA (which maintains its validity, attributions, and functions that have been granted to it by Law), within a period of up to forty (40) business days; as well as a final report at the conclusion of its mandate. Such reports shall contain recommendations to improve the administrative and financial situation of the Institution and the report of the actions implemented during that period of time, with the purpose of guaranteeing strict compliance with the objectives of the intervention process. Upon receipt of the respective report, the competent State bodies shall issue the decisions necessary to guarantee the proper functioning of the National Institute for Teachers' Social Security (INPREMA).
The Intervention Commission shall proceed to review the budget approved for the National Institute for Teachers' Social Security (INPREMA) for the current fiscal year, in order to identify the resources necessary to finance the expenses for its proper operation. If necessary, the Secretary of State in the Office of Finance is authorized to allocate resources in accordance with budgetary availability, whose fundamental purpose shall be to address the expenses required for the fulfillment of the objectives mandated by this Executive Decree.
The Intervention Commission must identify resources within the budget of the National Institute for Teachers' Social Security (INPREMA) to finance its operating expenses. If necessary, the Secretary of State in the Office of Finance is empowered to allocate resources in accordance with budgetary availability, such resources shall be designated to address unavoidable expenses for the fulfillment of the powers granted to the Commission. For the above, the Intervention Commission must submit a request with the detail of the expenses for the programming of budget execution to the Secretary of State in the Office of Finance.
This Executive Decree shall be executed immediately and shall be published in "La Gaceta", the Official Gazette of the Republic. Given at Presidential House, Tegucigalpa, municipality of the Central District on the twenty-first (21) day of the month of February of the year two thousand twenty-two (2022). COMMUNICATE AND PUBLISH. F)______________________________ IRIS XIOMARA CASTRO SARMIENTO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC F) _____________________________ RODOLFO PASTOR DE MARIA CAMPOS SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY
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