Affiliation on the trust fund

National Teachers Social Benefits Trust Fund

Regarding the regulations for the National teacher´saffiliations to the National Teachers Social Benefits Trust Fund wehereby explain the legal requirements and guidelines for the affiliation ofTeachers as National Public Employees. Decree 3752 dated December 22, 2003 By whichpart of Article 81 of Law 812, 2003, and part of Article 18 of Law 715, 200;and Law 91, 1989 related to the process of the affiliation of teachers to theNational Teachers Social Benefits Trust Fund. Circular 007, 2005 complements Article 1° ofDecree 3752, 2003.

Who is qualified to be affiliated to the NationalTeachers Social Benefits Trust Fund?

All teachers appointed provisionally, in trial period and on a permanentbasis by the National Government/ Ministry of Public Education. Excepting thosewhose appointment is made on a temporary basis.

AFFILIATION OF TEACHERS WHO DO NOT RECEIVE LABOR BENEFITS

All teachers who have been employed as educators fromJanuary 1, 2004, as long as their appointments have included provision of fundsin the health, pension and retirement contributions of the Social Securityplan.

Each Departmental, District or municipal Secretariat,must, once the nominated educators have been appointed, request theiraffiliation from the fiduciary entity, at present Fiduprevisora S.A, thatmanages the National Teachers Social Benefits Trust Fund. This request must besigned by the Secretary of Education, director of Personnel, or whoeverfulfills that position. This affiliation must be accompanied by the followingdocuments: The affiliation form completely filled, in written form and on CDwith curriculum vitae of each individual teacher. These documents will beforwarded to Fiduprevisora S.A (Centro Comercial Av. Chile Torre C Piso 6) tothe attention of the Director Affiliations and Accounts.

Documents Required for the affiliation of teachers who do not receivesocial benefits:

Affiliation Request: The affidavit mustbe signed by the Secretary of Education, Director of Personnel, or whoeverfulfills that position.

Affiliation Form: must be completelyfilled out by the respective Office and signed by the Secretary of Education, Directorof Personnel, or whoever fulfills that position. There is a form for each typeof affiliation: temporary, trial period or permanently employed.

Curriculum Vitae Form: Each educator must individually fill itout; the person responsible in each entity must verify that the content iscorrectly filled. It must be signed by the teacher and the Director ofPersonnel or whoever fulfills that position.

AFFILIATION OF TEACHERS WHO DO NOT RECEIVE LABOR BENEFITS

Teachers appointed in accordance with Law 715 of 2001 who?s Labor Benefits willbe charged to the General Participations System SGP (by its initials inSpanish) until December 31, 2003.

The legal representative of each one of the territorial entities that inaccordance to law 715 of 2001, appoints teachers to the General ParticipationsSystem, and until termination date of December 31, 2003, must request thefiduciary entity, at present Fiduprevisora S.A, to affiliate the aforementionedteachers. This request must be signed by, depending on the case, the LegalRepresentative, City Mayor or Governor. The following documents must beattached to the application: The Affiliation Form completely filled out, bothin written form and on a CD; the curriculum vitae of each one of the educators;the authorization to deduct from the resources of FONPET (By its initials inSpanish: Territorial Entities Social Benefits Trust Fund); and certificationthat payment of benefit liabilities has been deposited. The aboveapplication must be signed by the Legal Representative of the territorialentity. This documentation will be forwarded to Fiduprevisora S.A ( CentroComercial Av. Chile Torre C Piso 6.) Attention of the Director Affiliations andAccounts.

Teachers of self-supported territorial entities,whether financed or co-financed, that were not affiliated to the Teachers Fundduring the validity of Law 60 de 1993, Decree 196 of 1995, Decree 2370 of 1997.(Translator´s Note: During the validity of the above mentioned Law and it´scomplementary Decrees, teachers were subject to a similar program called ?Fondodel Magisterio?)

Each Departmental, District or Municipal Education Secretariat, thatincorporated teachers to General System of Participations must supervise thatduring the validity of law 60, 1993, decree 196, 1995 and 2370, 1997, suchterritorial entity affiliated, under the terms and conditions of those norms,all its teachers to the ?Fondo del Magisterio? with charge to its ownresources, whether financed or co-financed. In the event that these teachers werenot affiliated then, it must complete the affiliation process according tothose standards.

Those teachers with Labor Obligations that were not reported by the TerritorialEntities under the conditions set forth in Article 1º, Decree 3752, 2003,cannot be affiliated to the National Teachers Social Benefits Fund. Thoseindividuals must await the issuance of norms that apply to their specificcases.

Procedure to follow for the territorial self-supporting, financed orco-financed teachers that were not affiliated to the Teacher?s Fund during thevalidity of Law 60, 1993, Decree 196, 1995, Decree 2370, 1997.

The legal representative of each one of the territorial entities that inaccordance to law 715 of 2001, appoints teachers to the General ParticipationsSystem, and until termination date of December 31, 2003, must request thefiduciary entity, at present Fiduprevisora S.A, to affiliate the aforementionedteachers. This request must be signed by, depending on the case, the LegalRepresentative, City Mayor or Governor. The following documents must beattached to the application: The Affiliation Form completely filled out, bothin written form and on a CD; the curriculum vitae of each one of the educators;the authorization to deduct from the resources of FONPET; certification thatpayment of benefit liabilities has been deposited; and certification of theterritorial entity of the applicable Social Benefits Regime . The aboveapplication must be signed by the Legal Representative of the territorial entity.This documentation will be forwarded to Fiduprevisora S.A (Centro Comercial Av.Chile Torre C Piso 6.) Attention of the Director Affiliations and Accounts.

DOCUMENTS REQUIRED FOR THE AFFILIATION OFTEACHERS WHO DO NOT RECEIVE LABOR BENEFITS

  • Affiliation Request: Must be signed by the Governor or City Mayor.
  • Affiliation Form: must be completely filled out by the respective Officeand signed by the Secretary of Education, Director of Personnel, or whoeverfulfills that position.

In the following links you will find a different form foreach kind of teacher affiliation:

  1. AFFILIATION FORM FOR TEACHERS APPOINTED IN TRIAL PERIOD
  2. AFFILIATION FORM FOR TEACHERS APPOINTED ON A PERMANENT BASIS
  3. AFFILIATION FORM FOR TEACHERS APPOINTED PROVISIONALLY
  4. AFFILIATION FORM FOR TERRITORIAL TEACHERS WHO DO NOT RECEIVE LABORBENEFITS
  • Curriculum Vitae Form: (Working History) eacheducator must individually fill it out; the person responsible in each entitymust verify that the content is correctly filled. It must be signed by theteacher and the Director of Personnel or whoever fulfills that position.
  • Authorization to deduct from the resources of the FONPET; andcertification that payment of benefit liabilities has been deposited.This document must be signed by the Legal Representative of the territorialentity. With this document, the territorial entity that requests for theeducators affiliation, authorizes to deduct from the resources of the Fonpet,and to pay to the National Teachers Social Benefit Fund Trust benefitliabilities. It also authorizes to deduct from the educational resources of theGeneral Participation System in accordance with Paragraph 1, Article 18 of Law715, 2001 (employer and affiliated payments and parafiscal charges) and to includein the annual budget of the territorial entity?s Fonpet the provision of fundsfor the payment of unemployment benefits.
  • Certification of the territorial entity of the applicable SocialBenefits Legal Regime. The teachers or group of teachers that are beingaffiliated must indicate which Social Benefits Regime they belong to as well asthe Laws or Decrees that the territorial entity was applying to them, inpensions and in unemployment benefits. This certificate must be signed by theLegal Representative of each territorial entity, City Mayor or Governor orwhoever fulfills that position.

Note that all teachers with ages of 57, appointed from January 1, 2004,the Social Benefits Regime in pensions will be PRIMA MEDIA under Laws 100, 1993and 797, 2003 and in unemployment Benefits will be annual. Article 81 of Law812, 2003.

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