Ley No. 456 - LEY DE PENSIONES

-662- (E. 0 . 453-455 omitted). See Spanish text. 0 MILITARY GOVERNMENT OF SANTO DOMINGO, Executive Order No. 456. Law of Pensions of 1920. By virtue of the powers vested in the Military Government of Sclnti h ~ i h >.iLe~i’,cL3Ti;t..a Ciclei. vihich chall be known a5 t h e Law of Pensions of 1920, is dictated and prontulgated: 1 4 2 Y i U - I: 1. 5h e bcx 012 5 s Lam s-x.11 &:crL~el o svery officer and employze of th ominicm EepLIblic ir.clucling all persons paid from the national treasury, who a t the dime c f applying therefor shall have the following qualifications : (L) S h 7 1h:.;? t -5 ;o-<C-*:,in:nt s2rv:ce. S?rvice after the first day of January 1917 must be continuous to count. (b) Shall be either (1) sixty yesrs old, or (2)shall have suffered physical disability incurred while an officer or employee a of the Government which renders him physically unible to per-form the dutieq of the position. - ( e ) Shall have been a Dominicsn Citizen for at least ten years. ARTICLE 2 . Physical disability shall be determined by actual examination by a Board of not less than three physicians appointed by the Executive Power for that purpose, and shall aot eLil’it’ean\;cr,:! tq t herieCts of t h i s T n w whcn causzd by his own misconduct as determined by the Board. Such Boards of Physicians may be appointed as necessary and shall be appointed f i om physicians in the government service if practi- cable. In such case, they shall not be entitled to remuneration for tkeir duties under this Law, but physicians not in the govern- ment ~ c r u i c e~ h aoct 311 scch E m r h , rna,y be paid not more than $15.00 from such funds as may be appropriated for each case on which they may report as hereinafter provided. ARTICLE 3 . A meMber of the Guardia Nacional Domini- cans. or of any naval or military force that may hereafter be org-anized shall be entitled to the benefits of this Law if he has the above qualifications ; or if physica!ly disabled not tlirough 1) his own misconduct, regardless of the time of his continuous ser- vice and regardless of his citizznship  -663- ARTICLE 4 . Every person qualifying under this Law shall * be entitled t o retire from his position and to receive in rwulak payments made a t least each quarter for the remainder of hrs life as long as he remains a Dominican Citizen, one half of the cornpensation payable in money as salary t o the holder of such' position a t the time of retirement, and excluding all perquisites and allowancis, but members of the Guardia Nacional Dominicana or of any Naval or Military force that may hereafter be organized who qualify, shall receive three-fourths of the compensation as &lined in this Artide. ARTICLE 5 . Every person desiring t o secure the b2nefits Oi this L9\7 sh: 11 1 e S ~ J O L - D anqkation to the Seorztary of 'Interior and Police, ting forth his qualifications, with a detai- led statement as to the government positions and d a t a thereof held by him. In case the application is based upon age it shall be accompaiifed by j Y:'! cerLLnc2teo, r failing this, an affidavit as t o age, and shall be presented to the said Secretary within one year after the applicant leaves the government service. If the petition is based on physical disability, it shall be presented within one month after the applicant leaves t5e govxnment a servicre. The Secretary of Interior and Police shall secure from tL:g L L I e: t o the pcsition-, ir q.c"Jlian Zxt3caies as t o the accuracy of the statements in the application in regard 19 each position and the salary and allowances of the one from which retirement is desired. Where the records of the office d o not s h . w ~the i'z;ts, L k y s h l ! LE ~e:,ifieJ l o by t:?c aL)paiaiing officer on such evidence as he may be able to obtain, ixluding; affidavits. In case of a member of the Guardia Nacional Do- minicana or of any naval or military force thnt may hzrenfter be organized, the certificate shaU comz from the npplicant'g commanding officer. Affidavits may be accepted by the Secrc- tary of Interior and Poli,ce in lieu of a birth certificate. ARTICLE 6 . If the award of the pension is deprndent upon physicd dfsahilily, i::e S ~ c ~ e ' : ~oif* >If~iceriDr a?d Police, upon dctemGning tlir t Ike applicant i; rgalified in other respzzts, shall certify the ca:e to the Boird of T,_peC;ica1C x a m h x s . After physical examination of the applicant, and such other evidence as may be pertinent, the Board shall certify as to his ability to perform the duties of his position, and whether the disability, if i t exist, was caused by his own misconduct. Disability shall be considered caused by the applicant's misconduct when resulting from venereal disease, excessive use of alcoholic beve- rages, narcotics, any illegal act by the applicant or the violation of nrrlP r E  -664- -L2..;i3LE 7. Upon all the certificates, the Secretary t,% kterior and Police shall determine. whether the applicant has qualified in respect to the provisions of this Law, and shall certify the name of any person in whose favor he decides to the Secre- tary of Yacienda y Comercio, with the amount to which he i s entitled. ARTICLE 8. The Secretary of Hacienda y Comercio shall cause the corresponding payments to be anade from the date t h e applicant leaves the service, or if he has already left the service, from the date of the application to the Secretary of Interior and Police. No funds shall be paid under the provisions of this Law except on appropriations made by Law specifying the name of the person entitled and the amount. ARTICLE 9. No person shall have a vested right to a pension under this Law. The decision of the Secretary of Inte- rior and Police as t o award of a pension shall be final except when reversed hy the Executive Power, and no recourse shall be had in court or elsewhere against such decision. Pensions award- ed may be modified, suspended o r withdrawn for all pensioners of the same class at any time by Law. ARTICLE 10. No pensions under this Law shall be paid to anyone other than the person qualifying under this Law and a11 such pensions shall cease on the death of such person. No person shall receive more than one pension under this Law, and no person already receiving 8 jubilscion, gratification, dotacion. or pension shall be entitled to its benefits. Pensions awarded under this Law shall not be assigned, transferred, pledged, or. hypothecated, or taken’or attached for debts or claims; in any manner whatsoever. ARTICLE 11. Any person, who by impersonation, forgery, falsehood, perjury or any form of fraud, deceit, or other illegal- ity, secures or attempts to secure a pension for himself or another s h d l be guilty of obtaining or attempting to obtain money under false pretenses, and upon conviction in the Correctional Court, shall be subject to a fine of not more than $1,000.00or impri- sonanent for not more than two years, or both. ARTICLE 12. All Laws and parts of Laws in conflict here- with are hereby repealed. THOMAS SNOWDEN, Rear-Admiral, U. S. Navy, Military Governor of Santo Domingo. Santo Domingo City, D. R . , April 16, 1920.