Resolution 90/2022
RESOL-2022-90-ANSES-ANSES
City of Buenos Aires, 04/07/2022
SEEING File EX-2022-32867761- -ANSES-DOA#ANSES of the Registry of the NATIONAL ADMINISTRATION OF SOCIAL SECURITY (ANSES), Laws Nos. 24,241, 26,425, 27,260, 23,848, 24,892, 27,329, Decrees Nos. 2741 dated December 12, 1991, 246 dated December 22, 2011, 516 dated July 18, 2017, 897 dated July 12, 2007, modified by Decree No. 2103, dated December 4, 2008, 429 dated May 1, 2020, 17 dated January 13, 2022, 1357 dated October 6, 2004, Resolutions Nos. SEOFGS 02 dated January 12, 2017, RESOL-2017-155-ANSES-ANSES dated July 20, 2017, RESOL-2017-187-ANSES-ANSES dated September 22, 2017, RESOL-2018-4- ANSES-DGPA#ANSES dated August 3, 2018, RESOL-2022-2-ANSES-SEOFGS#ANSES dated February 24, 2022, RESOL-2022-59-ANSES-SEOFGS#ANSES dated March 23, 2022 , Y
CONSIDERING:
That Decree No. 246/2011 provided for the modification of article 74 of Law No. 24,241 incorporating as an investment possibility of the SUSTAINABILITY GUARANTEE FUND OF THE ARGENTINE INTEGRATED PENSION SYSTEM the granting of credits to the beneficiaries of the INTEGRATED PENSION SYSTEM ARGENTINO (SIPA), for up to a maximum of TWENTY PERCENT (20%) of the Fund’s total assets, under the modalities and under the conditions established by the NATIONAL SOCIAL SECURITY ADMINISTRATION (ANSES).
That article 1 of Decree No. 516/2017 incorporated subsection n) to article 74 of Law No. 24,241, its amendments and supplements, which grants financing to the holders of benefits not included in the Integrated System Argentine Social Security (SIPA), whose liquidation or payment is in charge of the NATIONAL ADMINISTRATION OF SOCIAL SECURITY (ANSES), up to FIVE PERCENT (5%) of the total assets of the Fund, under the modalities and in the conditions that establish the aforementioned Agency.
That Law No. 23,848 granted a lifetime pension to former conscript combatant soldiers who participated in effective combat actions in the South Atlantic conflict and civilians who were performing functions in the places where these actions were carried out, among on April 2 and June 14, 1982, as well as their heirs.
That the coverage of the life pension was extended to the personnel of officers and non-commissioned officers of the Armed and Security Forces in a situation of retirement or voluntary discharge, who had been stationed in the Malvinas Theater of Operations or actually entered combat in the area of the Theater of South Atlantic Operations, as well as their heirs, in accordance with Law No. 24,892.
That, for its part, Law No. 27,329 created a Special Provisional Regime of an Exceptional Nature for Former Combat Soldiers of the Malvinas, Georgias and South Sandwich War, for which they are entitled to the universal basic benefit, the compensatory benefit and the additional benefit for permanence of the Argentine Integrated Social Security System (SIPA).
That, Decree No. 1357/2004, provides that the NATIONAL ADMINISTRATION OF SOCIAL SECURITY is responsible for the payment of life pensions of Law No. 23,848, its amendments and supplements, called “Honorary Pension for Veterans of the South Atlantic” from Decree No. 886/05, as well as the benefits derived from the Special Provisional Regime of an Exceptional Character for Former Combat Soldiers of the Malvinas, Georgias and South Sandwich War of Law No. 27,329.
That the people covered by Law No. 27,329 are within the universe of people with access to the loans provided by ANSES, since their benefits are included in the Argentine Integrated Social Security System (SIPA) while their benefits are included in the same .
That through this it is encouraged to incorporate the holders of the benefits of Law No. 23,848 within the universe of people with access to loans granted by ANSES, in order to contribute from the National State with their well-being.
That this measure is part of the permanent commitment of the Argentine State in the vindication, recognition and protection of those who participated 40 years ago in said armed conflict and is part of the more general spirit of Decree No. 17/22 that declares the year 2022 as a year of homage of the Argentine people to those who fell in the conflict of the MALVINAS ISLANDS, SOUTH GEORGIAS, SÁNDWICH DEL SUR and the corresponding maritime and insular spaces, as well as their relatives and the veterans of Malvinas.
That Laws Nos. 23,848 and 27,329 grant benefits of a different nature, however, which, in order to apply an equitable criterion to the entire universe of holders of benefits destined for ex-combatants of the Malvinas, Georgias and Sandwich War of the South, it is considered reasonable that the holders of Law No. 23,848 be included within the same framework as the holders of Law No. 27,329 to access the loans of the CREDITOS ANSES Program.
That, on the other hand, the loans provided by ANSES boost the economy and give an improvement to the people who access them, thus creating the necessary conditions to improve the standard of living and promote the personal, family and economic development of the whole community.
That, the collection of the loan will be made through the a@descuentos procedure or the one that in the future replaces it, of the benefits to which said universe of people has access, establishing in the terms and conditions of the loans that in case of suspension or termination of the benefit for any reason or reason, the ANSES may receive the remaining fees pending cancellation once the benefit is restored in case of suspension, or of another benefit to which the holder may be entitled, and whose payment is in charge. of the organism.
That Resolutions No. RESOL-2017-155-ANSES-ANSES, No. RESOL-2017-187-ANSES-ANSES and No. RESOL-2022-59-ANSES-ANSES approved the operation of credit granting by the ADMINISTRATION NATIONAL SOCIAL SECURITY PROGRAM called “ARGENTA PROGRAM”, indicating the universes that were included, also regulating the Collective Life Insurance on Debtor Balance for beneficiaries taking loans within the “CRÉDITOS ANSES” Program, with NACION SEGUROS SA
That through Resolution No. RESOL-2018-4-ANSES-DGPA#ANSES, the name change from the “ARGENTA PROGRAM” to the “ANSES CREDITS” Program was approved.
That Resolution No. RESOL-2022-2-ANSES-SEOFGS#ANSES regulated the coverage of Collective Life Insurance on Debtor Balance for beneficiaries taking loans within the “CRÉDITOS ANSES” Program, with NACION SEGUROS SA
That the DIRECTORATE OF OPERATIONS ARGENTA, dependent on the GENERAL DIRECTORATE OF OPERATIONS of the SUSTAINABILITY GUARANTEE FUND in its document No. IF-2022-33010419-ANSES-DOA#ANSES, stated that: “(…) Being a non-contributory benefit its payment is in charge of this National Administration, as provided by Decree No. 1357/2004 in its article 1 and therefore, in that point, its inclusion within the granting of credits under the “ANSES CREDITS” Program. it is feasible in terms of the permitted investments established in subsection n) of article 74 of Law No. 24,241(…)”
Because of this, the GENERAL DIRECTORATE OF OPERATIONS of the FGS in its document No. IF-2022-33082975-ANSES-DGOF#ANSES stated that “(…) shares the stated criteria, as well as the attached draft resolution (…)”
That, having taken the intervention of its competence, the GENERAL DIRECTORATE OF INVESTMENTS of the FGS, in its document No. IF-2022-33196608-ANSES-DGI#ANSES, indicated that “(…) by virtue of its competences and current regulations, it understands that There are no objections to the addition of this new universe of beneficiaries (Reparatory Regime for war veterans of the Argentine Republic established by Law No. 23,848) to the current ANSES Loan Program”.
That the FGS INVESTMENT COMMITTEE, in use of the powers conferred by SEOFGS Resolution No. 02 of January 12, 2017, at its meeting on April 6, 2022, according to document No. IF-2022-33242299 -ANSES-DGCF#ANSES resolved “(…) unanimously that both the incorporation into the credit granting operation called the “ANSES CREDITS” Program of the holders who receive an honorary pension established by Law No. 23,848, its amendments and supplements , for ex-combatant conscript soldiers who participated in effective combat actions in the South Atlantic conflict and civilians who were performing duties in the places where these actions were carried out, between April 2 and June 14 of 1982, as well as their heirs, such as the text of the draft resolution act with Annex I, are admissible and appropriate under the terms of Law No. 24,241 and amendments and Law No. 27,574 (…)”
That the GENERAL DIRECTORATE OF CONTROL OF THE FGS, in its document No. IF-2022-33244253-ANSES-DGCF#ANSES, did not make any observations.
That the Legal Service of the NATIONAL ADMINISTRATION OF SOCIAL SECURITY has taken the intervention of its competence.
That this resolution is issued by virtue of the powers conferred by Decree No. 2741/1991, Decree No. 897/2007 modified by Decree No. 2103/2008 and Decree No. 429/2020.
Thus,
THE EXECUTIVE DIRECTOR OF THE NATIONAL SOCIAL SECURITY ADMINISTRATION
RESOLVES:
ARTICLE 1.- The holders of the Honorary Pension for Veterans of the South Atlantic established by Law No. 23,848, its amendments and supplements, as well as their heirs, are incorporated into the universe of loans granted by the NATIONAL ADMINISTRATION OF SOCIAL SECURITY to through the “ANSES CREDITS” Program, for the reasons stated in the recitals hereof.
ARTICLE 2 – It is established that the universe individualized in article 1 of this administrative act, will have access to the ANSES CREDITS Program, under the same terms and conditions as the holders of Law No. 27,329 who are beneficiaries of the Integrated Social Security System Argentine (SIPA).
ARTICLE 3.- The regulations of the “ANSES CREDITS” Program are approved, which as ANNEX IN° IF-2022-33054029-ANSES-DGOF#ANSES are part of this Resolution and which comprise Section A- General Conditions; Section B- Particular Conditions of the loans of the “ANSES CREDITS” Program that accepts the inclusion of the new line of credits indicated in the preceding article; Section C – Loan Application Form applicable to all face-to-face credits; Section D – Model Loan Application applicable to all non-face-to-face credits, which are processed through the website of this organization.
ARTICLE 4°.- The FGS Operation Executive Subdirectorate is instructed to manage the life insurance coverage on the debit balance of individualized credit takers in article 1° of this Resolution.
ARTICLE 5.- Article 2 of Resolution No. RESOL-2022-59-ANSES-ANSES is left without effect, in order to maintain an adequate regulatory order of the “ANSES CREDITS” Program.
ARTICLE 6.- This Resolution will come into force as of its publication in the Official Gazette of the Argentine Republic.
ARTICLE 7.- Contact the General Directorate for the Design of Standards and Processes for the purposes of its competence.
ARTICLE 8.- Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRY and file.
Maria Fernanda Raverta
NOTE: The Annex(es) that make up this Resolution are published in the web edition of BORA -www.boletinoficial.gob.ar-
e. 08/04/2022 N ° 22689/22 v. 08/04/2022
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