Page:British and Foreign State Papers, vol. 144 (1952).djvu/330

 111. Compulsory leave can be declared only by consolidation or elimination of positions, respecting the seniority of those occupying them. Those on leave shall have a preferential right, based on seniority, to occupy positions of equal or analogous functions that are established or become vacant in the same category, or in the immediately lower one.

112. No one can simultaneously hold more than one office that is compensated, directly or indirectly, by the Nation, a Province, a Municipality, or autonomous entities or corporations, with the exception of the cases specified by this Constitution.

Pensions or retirement allowances of the Nation, Provinces and Municipalities are dependent on the needs of their beneficiaries. Those who have property of their own can receive only the part of the pension or retirement allowance that is necessary in order that, when added to their own income, it does not exceed the maximum pension that shall be fixed by law. The same criterion shall be applied to the receipt of more than one pension.

No one can effectively receive, for any reason whatever, a pension or retirement allowance of more than $2,400 per annum, and the scale for their payment shall be unified and extended to all pensions or retirement allowances.

Persons now enjoying pensions or retirement allowances greater than $2,400 per annum, shall not effectively receive a greater annual amount.

Members of the Army of Liberation of Cuba, their widows and children entitled to a pension, are excepted from the provisions of the foregoing paragraphs, as an act of homage of the Republic to its liberators.

113. Monthly payment of retirement allowances and pensions for services rendered to the Nation, the Provinces and the Municipalities, in the proportion permitted by the condition of the public treasury, which shall in no case be less than 50 per cent. of the lawful basic amount, shall be an obligation of the Nation.

The amounts for retirement allowances and pensions shall be included each year in the general budget of the Nation.

No pension or retirement allowance shall be less than the minimum daily wage in force by virtue of what is established in Article 61 of this Constitution.