Law 23/2014, Of 30 October, Described The Creation And Regulation Of The Pension Plan Of The Public Function

Original Language Title: Llei 23/2014, del 30 d’octubre, qualificada de creació i de regulació del pla de pensions de la funció pública

Read the untranslated law here: https://www.bopa.ad/bopa/026067/Pagines/lq26067001.aspx

lq26067001 law 23/2014, of 30 October, described the creation and regulation of the pension plan of the public function since the General Council in its session of October 30, 2014 has approved the following: law 23/2014, of 30 October, described the creation and regulation of the pension plan of the public exhibition of illustrations and the implementation and maintenance of a system of retirement provision for civil servants has traditionally been a goal for the Government of Andorra for consolidating a body away from highly motivated and involved in a variety of tasks that you have assigned to it. As a secondary objective, the implementation and maintenance of this system has also been the loyalty, in the form of compensation of the compensation level that differential could be given with the private sector, especially in times of economic expansion.
The forecasting system of the public workers ' retirement in force until now is untenable, given that the financial commitments by the State are increasing significantly each year because the Group of people with the right to receive benefits is becoming bigger and the trend for the future is that these increases are over. The current economic situation and the global economic crisis that still affects in the Principality and in the United States of its geographical environment have not done more to speed up the need to make decisions to keep the public deficit and debt monitored, with the aim of ensuring the necessary and essential to economic recovery. In this context, the Government has had to implement, like most Governments in the European context, extraordinary measures of reactivation, among which have been significant those designed to provide containment of public spending.
In the framework of the study of the cost containment measures the Executive has been to analyze and rationalize among others the staff, being illustrative of this particular passage of the law 2/2012, from March 15, of measures of containment of public expenditure in the area of personnel. And as a result of this study and careful analysis of the staff costs, the Executive has found that the cost of present and future obligations in the concept of voluntary retirement benefits and mandatory retirement of public employees was unsustainable for the coffers of the Andorran State in the medium and far term, although the current system of compulsory and voluntary retirement , based on a defined benefit system, would require that the State had to provide the funds to provide the payment of pensions. This circumstance makes it is exceeded the scope of the will and political opportunity, with risk of affecting the investment capacity of the State and the maintenance of essential public services. With respect to the retirement forecast system of public workers, the Government has wanted to assume his responsibility thinking about rational solutions, viable, sustainable and acceptable to the State.
The new system arises in terms of complementary social, going in line with the European model of our environment, in which the complementary social becomes a plus for the improvement of the social security retirement benefits for public. You do not have to object in any case the replacement of the public pensions scheme.
It leaves the current defined benefit system so far, which is guaranteed to civil servants a benefit, the Administration but they provided the funds to be able to meet it, to move to a defined contribution system, in which both the Administration and the participant provide funds on a regular basis, in order to provide the future payment of the benefit. In order to make, the pension plan of the public function that establishes, among others, the diet of the contributions and benefits, and that it implements by means of a pension fund, in which each participant has attributed a single consolidated rights depending on the contributions made. The Pension Fund is managed by a managing body that will run the appropriate investments in monitoring of investment criteria set, all under the control of a Monitoring Committee of the pension plan, integrated by representatives of the Administration and representatives of the participants.
Officials, the agents of the general administration of indefinite and assimilated in the latter part of the new system, which is a partnership between the Administration and its public employees, and purporting to be ultimately a solid and sustainable mechanism for the Administration to ensure that these workers can enjoy a revinguts in their stage of retirement that allow them to maintain a standard of living comparable to that of the who enjoyed in his time active labour. This new system of forecast also aims to be a incentive mechanism to the private sector for the promotion of this model of retirement, setting the trend for the widespread establishment of viable and sustainable retirement provision systems.
Existence until the entry into force of this law of a system of defined benefit plans, advises the recognition of complementary benefits by the Government, on the sidelines of the pension plan of the public function, in favour of public workers who were included within the system of forecast up now in force. In order to establish a mandatory retirement provision premium, which will be cumulativament to the benefit derived from the pension plan of the public function and the Board in charge of the Caixa Andorrana de Seguretat Social. At the same time also recognizes the possibility of civil servants with certain years of service and also to those with an age close to mandatory retirement, apply for and obtain a voluntary retirement provision.
The instrumentation of this new system of retirement provision allows the recognition together, in a single common regulatory framework, as beneficiaries of the same officials, the agents of the general administration of indefinite and other workers with a contract of indefinite duration of the Principality with public tasks, being guaranteed in any case, the sustainability of the system, to be defined contribution.

This reform of the system of the public workers ' retirement is detached from the comprehensive reform of the public function to perform. Notwithstanding this, it shows the need for work on the comprehensive reform of the public function, which should take place within a maximum period of two years. In the framework of this reform, it would be necessary to carry out appropriate studies in order to assess the inclusion of the figure of the voluntary retirement as a mechanism of incentive and loyalty of employees, as long as the eventual inclusion of this figure would ensure the viability and the economic sustainability of the system.
This law envisages the amendment of certain articles of the law on the public function with the main purpose to reserve preferential appointment of civil servants by permanent jobs of special customs bodies, the prevention and extinction of fire and rescue, police, penitentiary and policemen, as well as body of inspectors and Auditors and allowing the Administration to the recruitment of officials and agents of the general administration of indefinite depending only on the features of the site to cover.
This law has a whole range of law due to its effects, direct and indirect, in chapter II of title II of the law on public function and lead to the modification of the retirement provisions of the Special Corps of police, regulated by law.
The law is divided into six titles, six additional Provisions transitional provisions, Repeal a six and seven final provisions.
In the title and sets the object, rank, name, nature, scope and characteristics of the pension plan of the public function.
The title II deals with the personal elements of the pension plan of the public function; Promoting management, participants and beneficiaries.
The title III regulates the financial regime of the pension plan of the public function; financing system, contributions, rescue rights and benefits.
The title IV to the regime of investments of the pension plan of the public function; General principles, investment policy.
In the title V will determine the management bodies, monitoring and of the pension funds; Advisory Committee of the pension plan, the management entity and depositary entity.
In Title VI regulates the completion of the pension plan of the public function.
The first additional provision aims at the regulation of the complement of mandatory retirement benefit in terms of requirements, method of calculation and payment period and mode.
In the Second additional provision establishes a provision for the death of the participant in the pension plan of the public function.
The Third additional provision aims at the regulation of an invalidity benefit to a participant in the pension plan of the public function.
The fourth additional provision that certain groups of employees with a contract of indefinite duration of the Principality with public tasks are similar to the agents of the Administration with indefinite and are recognized as a share of the pension plan of the public function, and determines its regime.
The Fifth additional provision aims at the establishment of a special contribution to the pension plan by the Government because of the contributions of certain officers of the Special Police Corps in anticipation of the current retirement system previously, collaborative via salary retention.
The Sixth additional provision establishes a benefit at the expense of the Government, for the benefit of all workers not affiliated to any special bodies, to meet during the period between the date of mandatory retirement at 60 years and the date of acquisition of the status of beneficiaries of the pension plan of the public function, which occurs in 65 years.
The first transitional provision has the maintenance under the terms of the regulation in force up until now of the benefits by reason of compulsory retirement and voluntary for those beneficiaries who are already receiving.
The transitional provisions second and third establish the transitional regime for the benefit of voluntary retirement for officers who are active and who have opened these rights at the date of entry into force of the present law, or have a minimum years of service in the administration or the are 5 years or less to achieve the voluntary retirement age.
The Fourth transitory provision provides for the establishment of the Advisory Committee of the pension plan from the entry into force of the law and ensures that its composition until you can proceed to the appointment of the members in accordance with the provisions of the articles of the law.
The fifth and Sixth transitional provisions envisage a transitional regime concerning the custody and investment of contributions up to the designation of the depositary and Manager and approval of the investment policy and the beginning of the active management of the pension funds of the public function.
The Repealing of the regulations establishes that abolishes with the entry into force of the present law.
The first Final provision to the amendment of several articles of the law on the public function.
The final provisions second and third have to specific modifications of the law 8/2004 Described the police force and the law 3/2007 Prison body.
The Fourth Final provision establishes mechanisms to ensure the effectiveness of the fulfilment of the obligations by the Government resulting from this law.
The Fifth Final provision contains a request to the Government to draw up a report, within a maximum period of one year, on the convenience of maintenance, modification or repeal of the measures implemented through the law 2/2012 of 15 March, of measures of containment of public expenditure in the area of personnel and also other Commission, also to the Government , in order to promote the comprehensive reform of the public function within a maximum period of two years.
The Sixth Final provision contains a request to the Government for what regulatory rules drafted by the in the process of appointment, replacement, renewal and removal of the members representatives of the participants in the Advisory Committee of the pension plan within a maximum period of three months.
The Seventh Final provision has the entry into force of the present law.
Title i. object, rank, name, nature, scope of application and features

Article 1. Object, rank, name, nature and duration 1. This law aims to the creation and regulation of the pension plan of the public function. In the public function, for the purposes of this law, we understand included the set of officials and agents of the administration of indefinite of the general administration.
2. This law has a whole range of law due to its effects, direct and indirect, in chapter II of title II of the law on public function and lead to the modification of the retirement provisions of the Special Corps of police, regulated by law.
3. As a pension plan, the pension plan of the public function defines the right of the people to which it is to receive benefits for compulsory retirement, death or disability, the obligations of contribution to the mentioned plan; and, to the extent permitted by this Act, the rules of establishment and functioning of the heritage which affect the fulfilment of the rights recognized by the plan.
At the same time, the pension plan is instrumented by means of a system of individual capitalization that allows you to establish an equivalence between the contributions made and the future benefits of the beneficiaries on the basis of the profitability of the investments made.
4. pension plan that recognizes the benefits of the public do not have the consideration of public pensions and are independent and compatible with those provided by the public system of social security.
5. The duration of the pension plan of the public function is undefined.
Article 2 scope the scope of this law shall be confined to officials and agents of the administration of indefinite, in both cases of the general administration, including those attached to the administration of Justice, such as the special forces, and the people who are assimilated to the same, whether in the framework of this same law, either on the merits of other regulations with the rank of law.
Article 3 modality and secondment to a pension fund 1. The pension plan of the public function is adjusted to the type of input is defined, in which form the subject-matter defined is the sum of the contributions of the development and Administration of the share.
2. The pension plan of the public function is integrated into the pension funds called "pension funds of the public function", which is a heritage created with the sole purpose of giving fulfillment to the pension plan of the public function.
3. The Administration of the pension plan's promoter public function made the contributions by and at the expense of the participants, in the form and amount set forth in this law, that are integrated into a position of the plan in the pension funds of the public function, from which position it is possible to meet compliance with the benefits derived from the implementation of the plan.
Title II. Personal items promoting Administration Article 4 1. The Administration is promoting the Government, which urged the creation of the pension plan of the public function and participating in its development.
2. promoting administration is responsible for the compliance with the obligation of contribution to the pension plan that will remain, as well as the participants who provide services, through the corresponding retention made about your gross salary.
3. The obligations of the sponsoring Government are limited to the recognized in this law. The Government does not assume any responsibility with respect to the management and safekeeping of the contributions or accumulated funds, nor in relation to the payment of the benefits.
Article 5 the participants 1. Concept Are individuals in the interest of which is created the pension plan of the public function, that are attached to the same and that, by reason of this condition, effect the corresponding contributions.
2. participants of the pension plan Are automatically attached to the pension plan of the public function people specified in article 2, and those that are assimilated to the same, whether in the framework of this same law, either on the merits of other regulations with the rank of law.
3. From participants in the pension plan the participants cause of the plan: a) For acquiring the status of the beneficiary, not arising from the death of other participants.
b) By cause of death.
c) for the loss of the status as a civil servant or to the termination of the employment contract with the promoter or another Administration contracting entity, in any of the cases listed, either for the cause that is. Arising from any of these situations, just because of the plan participant expressly communicated in writing to the Monitoring Committee of the pension plan of its low.
Article 6 the participants on hold 1. Are considered to be participants on hold temporarily terminate those involved in completing the periodic contributions as a result of an interruption of the payment of wages for any reason, except that this disruption leads to the perception of a temporary disability benefit of the Caixa Andorrana de Seguretat Social.
2. While the participants remain in suspense, the Administration also promoter to make periodic contributions.
3. The participants on hold hold their rights consolidated pension plan.
4. The participants on hold on a leave of absence or permission not rewarding can make contributions to the pension plan of the public function. In any case, and regardless of the frequency with which they are carried out, these contributions are considered extraordinary.
5. A participant on hold will cause of the condition when you get the full condition of participant under the terms of paragraph 1 of article 5, or resigns as a participant in the pension plan in accordance with paragraph 3 of article 5.
Article 7 the beneficiaries 1. Are all persons with the right to receive benefits from the pension plan of the public function, have been or not partakers of the same.
2. In the case of compulsory retirement and disability, has the status of beneficiary the same participant. In the event of death of the participant, have the status of beneficiaries the individuals designated on the form provided by the managing body; and lack of this designation Express, people holding this condition in accordance with the provisions applicable successòries.

3. For the purposes of the provisions of this law establishes as a compulsory retirement age of participants the following: a) general Body, agents of the administration of indefinite, and Special Body of education-65 years.
b) special customs Bodies, the prevention and extinction of fire and rescue, police, penitentiary and Policemen's body-60 years.
4. The compulsory retirement entails the completion of active worker of the participant, and must cease to matter in the exercise of his professional activity within the Administration that has enabled the acquisition of the status of a participant.
5. A beneficiary will cause of the condition for the following reasons: a) For cause of death.
b) to register all the economic rights of the plan.
Title III. The financial scheme of pension plan the public service pension plan funding system Article 8 1. The actuarial financial system-which adopts the pension plan of the public function is the single financial capitalization.
2. The pension funds of the public function, as an autonomous and heritage without legal personality, formed by the contributions made by the Administration and by the participants, the more the result of investments, less expenses and losses that are attributable.
3. The resources of the pension fund related public function corresponding to the share of the pension plan of the public function. These hold, as a single, consolidated rights a share part of the Pension Fund, determined on the basis of the contributions, direct and charged, and the results, positive or negative, of the contributions attributable to the investments, after deducting the expenses that have been generated. The availability of these resources on the part of participants is limited to the provisions of this law.
4. The single consolidated rights cannot be the subject of seizure or retention of any sort, until the time that will cause the benefit or they rescue.
5. The pension plan does not assume the risk related to the expected services, nor does it guarantee a minimum return to the participants.
6. the creditors of the pension funds cannot make effective their claims about the heritage of the Administration involved or the promoter, the responsibility of which is limited to their commitment of contribution to the pension plan.
7. The heritage that constitutes the pension funds of the public function does not respond to the obligations contracted by the promoter, to the managing body or by the depositary institution.
Article 9 contributions to pension plan 1. Are the monetary contributions to the pension plan of the public function made by the Administration and by the participants. The contributions of the participants are voluntary and irrevocable and the contributions of the Administration promoter are mandatory and also irrevocable, in the terms established in this law. The return of the contributions may not occur in any other case that is not foreseen in this law.
2. The contributions can be of two types: regular and extraordinary. Both types of contributions are compatible with each other.
a) periodic contributions: are those that are carried out monthly.
The ordinary amount to contribute, both by the Administration as promoter for each participant, is equal to 3% of the wage concepts that make up the payroll for the purpose of claim to the Caixa Andorrana de Seguretat Social, to apply on the gross salary of each participant for the same period in which they made the contribution. The contribution of the participant is achieved by means of deduction on the part of the contracting entity or another promoter Administration of the corresponding amount from your gross salary.
During periods in which the participant is in a situation of temporary disability for work, the basis of the contributions is the provision actually received by a participant to this concept by the Caixa Andorrana de Seguretat Social. The Administration implemented the promoter in charge once the participant has made effective its contribution.
The participant may choose to make contributions of an amount different from the ordinary percentage indicated in the first paragraph of this letter). If the percentage is lower, the administration only promoter is required to contribute the same percentage contributed by the participant. And if the percentage is higher, the Administration continues providing in any case, as a maximum, the ordinary rate.
The participant assigned to a special body that perceives the benefit at the expense of Government defined in the Sixth additional provision can continue making contributions and payments in the same conditions as the participants that are active. The basis on which applies the percentage required by the promoter in the case of periodic contributions is the total amount of the benefit.
The participant who receives a benefit in the concept of voluntary retirement by the Administration and the one included in any of the situations envisaged in the letter c) of paragraph 3 of article 5 unless stated his willingness to cause of the plan, will be able to continue making contributions up to the age of 65 years, which in any case will be deemed extraordinary , regardless of the frequency with which you make. In this case the Administration promoter does not perform any kind of input.
b): each participant extraordinary contributions, at all times and cumulativament to the regime of periodic contributions, can make extraordinary contributions to the amount determined by.
The implementation on the part of the participant of extraordinary contributions does not involve any obligation on the part of the Administration to make developer contributions beyond those included in the letter a) precedent.
3. The payment of the extraordinary contributions made by the participant directly through the managing body.
4. The return of amounts contributed by mistake is made by the amount contributed in excess, helping further the assets of the pension fund the return attributable to the excess when it is positive, and going by who has made the illegal contribution to the profitability of excess when it is negative.
Article 10 right of redemption of the share

1. the participant, before his mandatory retirement, has the power to rescue the total amount or part of the rights of individual statements. The bailout has to request the participant to the managing and is granted if there is a situation of serious illness of the participant. It is understood that there is a situation of serious illness when this involves the sick leave of the participant for a period greater than 12 months.
2. For cases of rescue by a participant as provided in the preceding paragraph 1: a) to the rescue, on one or several occasions, of a global amount to the sum of the contributions made by a participant in charge, both periodic payments, plus an amount equal to any revenue attributable to the same contributions, cannot apply the penalties provided for in the letter b) below.
b) the rescue of an amount greater than the indicated in the letter a) precedent will result in the application of the following penalties:-between 1 and 10 years as a civil servant or as an agent of the administration of indefinite. 100%-11 years as a civil servant or as an agent of the administration of indefinite. 90%-12 years as a civil servant or as an agent of the administration of indefinite. 80%-13 years old as a civil servant or as an agent of the administration of indefinite. 70%-14 years as a civil servant or as an agent of the administration of indefinite. 60%-15 years as a civil servant or as an agent of the administration of indefinite. 50%-16 years old as a civil servant or as an agent of the administration of indefinite. 40%-17 years as a civil servant or as an agent of the administration of indefinite. 30%-18 years old as a civil servant or as an agent of the administration of indefinite. 20%-19 years as a civil servant or as an agent of the administration of indefinite. 10%-20 years or more of service as a civil servant or as an agent of the administration of indefinite. 0% the percentage of penalty will be applied only on the sum rescued globally, in one or several times, in excess of the total amount indicated in the letter a) precedent.
3. The total rescue by a participant of their rights does not imply a single consolidated its low as a participant in the pension plan, unless he finds some of the assumptions outlined in paragraph 3 of article 5.
4. tax obligations are borne by the participant, of contributions to the Caixa Andorrana de Seguretat Social or any other nature, which derived from the early perception of all or part of the rights of individual statements.
Article 11 Benefits 1. The contingency covered by the pension plan of the public function is the compulsory retirement.
2. The benefits are perceived by reason of the compulsory retirement of the participant, when you reach this condition in accordance with the provisions of paragraphs 3 and 4 of article 7 and reach the age of 65 years.
3. If the participant, before they reach the age of compulsory retirement, is declared to be a beneficiary of a disability pension of the recognized in the Social security legislation, which disables them absolutely to work in their profession and in any other activity, you have the right to receive in advance the plan's benefits.
4. If the death of the participant before their compulsory retirement, your right-havents "mortis causa" have the right to receive in advance the plan benefits in the form of capital only.
5. The perception of any of the provisions of the pension plan of the public function is compatible with any other pension, as well as with the exercise of paid employment or any economic activity. But it is not compatible with the continuation of the contributions.
Article 12 amount, diet and payment of benefits 1. The amount of benefits is determined on the basis of the consolidated participant's individual rights at the time of reaching the status of beneficiary.
2. performance regime) Capital only: in the form of benefit payment only.
b) pure annuity: corresponding to a monthly benefit, constant or increasing, while you live the beneficiary. This is the provision to meet by default, although in this case it is understood non-reversion.
c) annuity with a number of years of guaranteed payment corresponding to a periodic income, calculated: also on the basis of the beneficiary's individual consolidated rights, guaranteeing the payment of the income during the years determined by the beneficiary at the beginning of the receipt of the benefit, live or die during this period. After the deadline guaranteed, and the event that the beneficiary will receive a regular income for life, lives continue. For the event of death of the beneficiary during the period granted, the periodic income will be perceived by your right-havents "mortis causa", up to the end of the aforesaid warranty period.
d): provision in the perception of certain Income consistent capital indicated in the previous section a) while in the form of certain financial income for the period you choose the beneficiary, regardless of whether it produces his death during the term of receiving the income. For the event of death of the beneficiary within this period, income is perceived by their law-havents "mortis causa".
3. The provision in the form of a pure annuity or guarantee of payment of a certain number of years will be able to supplement with a reversion pension.
in) the reversion is established in favour of the person specially designated by the participant, to meet for the event of death of the beneficiary of the pension pura.
b) the forecast of a pension payment rollup may only complete the participant prior to the date of mandatory retirement.
c) the reversal is a percentage, to be determined by the participant before their compulsory retirement, between 40% and 70%, the amount of income received by the recipient at the time of his death.

d) for the case that, once initiated the perception of the pure life annuity for the beneficiary, the beneficiary designation of person to a reversion pension was ineffective for any reason it is or that the person appointed premorís to the beneficiary, this circumstance does not entail the right or of the beneficiary or, eventually, their law-havents "mortis causa" in the perception of any compensatory sum.
4. Are considered right-havents "mortis causa" for the purposes of the provisions of this law, people designated as such by the participant by means of the form provided by the managing body; and lack of this designation Express, people holding this condition in accordance with the provisions applicable successòries.
5. The provision in force at the date of commencement of his perception will not be susceptible to being modified by any circumstances.
6. Payments are made the managing body, which certifies the compliance of the contingency. The managing body shall notify to the beneficiaries the recognition of their right to the benefit, and the characteristics of their payment.
Title IV. Investment regime of pension fund Article 13 General principles 1. Contributions to the pension plan and their yields become active pension funds, and are invested in the interest of the participants.
2. The assets of the pension funds are invested in accordance with the criteria of safety, profitability, liquidity, currency diversification, dispersal, and appropriate terms for exports to the nature and duration of their commitments.
Article 14 investment policy the Advisory Committee of the pension plan, with the participation and advice of the managing body, must draw up and approve a comprehensive written statement of the investment policy of the assets of the Pension Fund of the public function.
This statement must be set, as a minimum: a) the types of assets that are suitable for investment and the requirements they must meet.
b) the criteria of diversification, dispersal and congruence of the investments.
c) the liquidity coefficient required to achieve the appropriate level of coverage of the benefits.
d) evaluation criteria of investments.
e) methods of determination of the risks inherent in investments and the management processes of the control of these risks.
f) criteria for the strategic placement of assets depending on the nature and duration of the commitments to meet by the Fund.
Title v. Monitoring Bodies, in the management and Monitoring Committee Article 15 deposit of pension plan 1. Composition of the Monitoring Committee of the pension plan is composed of twelve members, of whom eight are representatives of the participants and four sponsoring administration.
The Commission consists of a President, a Vice-President, a Secretary and nine vowels.
The positions of the Advisory Committee of the pension plan are not paid.
The representatives of the Administration promoting the Advisory Committee of the pension plan are designated by the Government to be mandatory that one of them is the Secretary of State for public functions or, failing that, a position with equivalent functions and another who is a member of the general intervention.
The members of the Commission representing the participants are designated freely among the staff with the status of participant at the different groups that are integrated and participate in the following number: three representatives of the general body, of which one of them should be attached to the administration of Justice; a representative of the special body of teaching; three representatives chosen among other special bodies and one representative chosen among the participants as part of groups similar to those expressly mentioned in article 2, in accordance with paragraph 2 of article 5. Is required the designation of two substitutes for each representative for cases of absence or inability of the regular member.
The appointment, replacement, renewal and removal of the members representatives of the participants will be promoted by different groups who represent each Member. The system of appointment of these members will be the choice of the same by all the participants attached to each group. All aspects related to this process of appointment, replacement, removal and renovation will be governed by the regulations.
A member of the intervention exerts the function of President of the Commission. The remaining positions are elected from among the remaining members of the Commission.
2. Duration of term of the duration of the term of Office of the members of the Advisory Committee of the pension plan is of four years and may be re-elected indefinitely. If that does not occur in the renewal of a member of the Advisory Committee of the pension plan on the date of completion of his mandate is extended the mandate of the Member to renew for a maximum period of six months. If after this period had not provided the place to renew, it will be considered a member of the Advisory Committee of the pension plan in place of the Member with the post expired in a member of the Advisory Committee of the public function that is assigned to the same group represented by the Member with the post expired and, failing that, the older participant as part of the group affected. In any case the group affected may replace his representative in the Monitoring Committee of the pension plan up to the end of his term.
If a member of the Commission representing participants because low in its status as a participant, also cause low automatically as a member of the same. In this case, every vacant square is covered by the substitute and the second substitute that is vacant is occupied by a member of the Advisory Committee of the public function that is assigned to the same group represented by the Member who has caused and, failing that, by the older participant as part of the group affected until that is not made a member by the procedure of choice.
3. System of meetings. Call. Quorum.
at the meeting the Commission Scheme) meets in ordinary session once every three months.
The Commission may also meet in extraordinary session if summoned by the president or when they ask for, at least, the simple majority of its members.
b) Call

The convocation of the meetings of the Commission must be made by the president, with a minimum of ten working days in advance, together with the call for the order of the day suggested.
In cases of urgency, the Commission may be convened with a notice of a business day. In the announcement must indicate the reasons for the urgency of the call.
The Commission also is validly constituted, with universal character, when all its members are present and they unanimously accepted the holding of the meeting and the order of the day.
c) Quorum for valid Constitution and holding of the Commission, it is necessary the presence of a majority of members appointed by the Government and the majority of the members appointed by the participants who, in turn, represent the majority of the total members of the Committee.
The agreements are adopted by an absolute majority of those present, provided that the majority would require an absolute majority of its members representatives of the participants.
4. Functions corresponds to the Advisory Committee of the pension plan: to) Participate and decide on the process of election of the managing bodies and depository.
b) to supervise the compliance with the pension plan.
c) to monitor the observance of the rules of operation of the pension plan.
d) to represent the Pension Fund and exercise their political rights inherent to the values embedded in the background, you can delegate this function to the managing body.
e) examine and, where appropriate, to approve the actions of the managing body in each tax year, as well as to approve the annual accounts of the Pension Fund.
f) to promote the replacement of the managing and the depository institution.
g) Select an independent actuary for the case that you would like to proceed to the revision of the pension plan.
h) Represent the collective interests of legally and extrajudicial partakers and beneficiaries in relation to the pension plan.
and the meeting and the participants) claims that beneficiaries.
j) draw up and approve specific rules for its operation.
k) to propose and, where appropriate, decide on all issues on which the law and the regulations attributed to competition.
5. Operating expenses operating expenses of the Advisory Committee of the pension plan will be in charge of the pension funds of the public function.
Article 16 managing 1. Is the entity responsible for the administration of the Pension Fund of the public function, under the supervision of the Advisory Committee of the pension plan.
The managing body should be preferentially selected by means of public competition is Andorran and convened by the Government between entities in the financial system and insurance companies, valuing especially the financial and management capacity, the rates of Commission and expenses, the experience with respect to the functions that are assigned and independent controls for auditors, investment advisors and actuaris. If the entity is not in Andorra, should be authorized to operate in the Principality of Andorra in accordance with the law in force at any given time. The Caixa Andorrana de Seguretat Social may also choose to contest in conditions of equality with other candidates from the private sector.
The Advisory Committee of the pension plan must approve the General conditions of the competition and must draw up and submit to the Government a report before binding the adjudication of the competition.
2. legal effects, the address of the pension funds is that of the management body.
3. The functions of the managing body are the following: a) take on the accounting of pension funds and accountability annual accounts before the Advisory Committee of the pension plan.
b) Determine, with the frequency that allow the type of investments, the value of the rights and obligations arising from the pension plan.
c) Make and deliver to the Advisory Committee of the pension plan a quarterly report that includes information on the investment policy developed and developing and the composition of the assets of the Pension Fund.
d) provide participants and beneficiaries about their rights.
e) to monitor the compliance with the obligations of the depository institution.
4. Are also functions of the managing body, under the terms expressly established by the Advisory Committee of the pension plan: a) representation, legal and extrajudicial, in the Pension Fund.
b) the selection of investments to be made by the investment fund.
c) ordered the entity depositing the purchase and sale of the assets of the Pension Fund.
d) the exercise of the rights derived from securities and assets remaining members of the Fund.
5. The managing body may not delegate the management of investments with third parties, but you can count on external financial advice.
Article 17 depositary Entity 1. Is the entity which holds financial assets that make up the pension funds of the public function, which receives the contributions and that takes into account the benefits, following the directions of the management entity. The depository institution has to be Andorra, must form part of the financial system and is selected by public contest organized by the Government. The Advisory Committee of the pension plan must approve the General conditions of the competition and must draw up and submit to the Government a report before binding the adjudication of the competition.
2. The functions of the depository institution are the following: a) Safeguard the remaining liquid assets securities and financial assets, integrated into the Pension Fund.
b) Deferred payments and payments resulting from the pension plan, either contributions or benefits.
c) to execute the orders of buying and selling of securities, the payment of the performance of the investments and the implementation of other income, for transmission of assets, and how many transactions derived from securities deposit.
Article 18 other provisions on the functioning and control of pension funds 1. In the first quarter of each calendar year, the management body must submit to the approval of the Advisory Committee of the pension plan on the balance sheet, income statement, annual report and the management report of the Pension Fund of the public function corresponding to the previous calendar year.

2. The period of determination of the results of the pension funds is adjusted to the calendar year. The results are the result of deducting the entirety of the income, expenses, increases and decreases assets of pension funds, the Managing Committee, the depositary institution, the functioning of the Advisory Committee of the pension plan attributable to the same and the remaining expenses and provisions that must be assumed by the Fund.
3. In the same period of paragraph (1) the documentation of the Pension Fund must be audited by independent experts, the reports of which must cover the actuarial, financial and accounting aspects, including an express pronouncement in respect of compliance with this Act and its regulatory development.
Title VI. Termination of the pension plan the pension plan Termination Article 19 1. The pension plan can only end by legal provision that so determined.
2. In any case, the finalization of the plan requires the individual warranty of the performance caused and the integration of consolidated rights of participants in another pension plan.
First additional provision 1. The officials and agents of the general administration of indefinite that the date of entry into force of this law shall have the status of participants of the pension plan of the public function, that maintain this condition of participants at the time of their compulsory retirement; and, at that date, they can demonstrate a minimum of fifteen years of experience as civil servants or as agents of the general administration of indefinite, when you reach the age of 65 years have the right to receive from a Government retirement benefit in the form of pure annuity without right to rollback. This provision is calculated on the basis of a theoretical prediction at the date of entry into force of the law. The amount is the highest among the 60% of the monthly salary of each participant's gross theoretical to the attainment of the age of 65 years and 60% of the monthly gross average salary actually received during the 15 years immediately prior to the date of mandatory retirement, deducted in any case the following amounts: a) theoretical pension amount of retirement pension plan of the public function with the pure life annuity, without the right to rollback, estimated at the age of 65 years and calculated in the terms provided for in this law, based on theoretical contributions of 3% both on the part of the Government as the part of the participant, calculated on the salary remuneration-based concepts, site premium, premium, premium improvement of antiquity personal, premium and premium age of absorption for all bodies, and in addition, for special bodies, about the specific premium and permanent functions, and with regard to members of the Penitentiary Body affected by the first transitional provision of law 3/2007 of the Penitentiary Body also will have to compute the reward be consolidated established in the Second additional provision of the Law , and by members of the police force concerned to the Fourth Transitional provision of the law 8/2004 Andorran police force also will have to compute the extraordinary payment of the twelfth payment of salary from 22 years of service. The criteria and procedure for calculation of the theoretical pension contained in the annex.
If the amount on the basis of which it is estimated the provision under this additional provision is 60% of the monthly gross average salary actually received during the 15 years immediately prior to the date of compulsory retirement, for the calculation of the theoretical amount of the pension of retirement pension plan of the public function, with the pure life annuity without right to rollback: the estimation for the calculation of the contributions from the entry into force of the law, and until the fifteenth year immediately prior to the date of the compulsory retirement of the participant, will be carried out on the wage concepts indicated in the first paragraph of this section) to the date of entry into force of the law projected up to the date indicated in this estimation , a projection that will follow the methodology foreseen in the annex; and for the calculation of the contributions further to these until the 65 years of the participant, will take into account the same wage concepts and, where appropriate, the benefit amount provided for in the Sixth additional provision, effectively received. In both cases the percentage considered for the purposes of calculation of the contributions will be 3% both on the part of the Government as the part of the participant.
For the calculation of the rights of each individual consolidated beneficiary will be considered that these have an annual output of 3.5%.
b) theoretical pension amount to perceive of the Andorran Social Security, calculated in accordance with the points acquired on the date of entry into force of this law and the points that theoretically you can acquire each participant until the age of 65 years on the basis of projected gross salary indicated in this additional provision. The criteria and procedure for calculation of the theoretical pension contained in the annex.
If the amount on the basis of which it is estimated the provision under this additional provision is 60% of the monthly gross average salary actually received during the 15 years immediately prior to the date of compulsory retirement, for the calculation of the theoretical amount of the pension to be received from the Caixa Andorrana de Seguretat Social: the estimation of the points acquired from the entry into force of the law, and until the fifteenth year immediately prior to the date of mandatory retirement participant, will be held on the gross salary, comprising the wage concepts listed in the Caixa Andorrana de Seguretat Social, to the date of entry into force of the law projected up to the date indicated in this estimation, projection that will follow the methodology foreseen in the annex; and for the calculation of points corresponding to the subsequent periods and up to 65 years of the participant, will take into account the gross wages comprising the wage concepts listed in the Caixa Andorrana de Seguretat Social and, if necessary, the benefit amount provided for in the Sixth additional provision, effectively received. In any case, the price of the Caixa Andorrana de Seguretat Social to be considered for the calculation, it will be the result of applying the criteria contained in the annex.

For the calculation of the theoretical monthly salary at the age of 65 years gross of each participant will be taken as a basis the gross salary perceived by the participant on the date of entry into force of this law, comprising the wage concepts listed in the Caixa Andorrana de Seguretat Social, projected up to the date of attainment of age 65. If the date of calculation mentioned the participant does not perceive effectively a salary or not the register entirely, the basis of calculation will be the gross wage that the worker would register on that same date. The criteria and procedure for calculation of theoretical wage listed in the annex.
The calculation of the monthly gross average wage is the sum of gross wages effectively received by the participant during the fifteen years immediately prior to the date of mandatory retirement contribution to the Caixa Andorrana de Seguretat Social, divided by the number of months included in the same calculation period, excluding the periods of temporary disability and absence. Extraordinary payment of the month of December will be considered, the only purpose of this calculation, as a separate monthly fee.
2. This provision will be perceived cumulativament in the appropriate register to the beneficiary in accordance with the pension plan of the public function provided in this law and shall satisfy the Caixa Andorrana de Seguretat Social.
3. This provision will be satisfied in thirteen annual payments, monthly and will be paid to the beneficiaries in the same monthly arm wrestling. The month of December is also the thirteenth annual payment.
4. Empowers the Caixa Andorrana de Seguretat Social for what to provide to the Government all the necessary data for what this can proceed to carry out the calculations under this additional provision.
Second additional provision In the event of death of an officer or an agent of the general administration of indefinite in active in the entry into force of this law before the date of their compulsory retirement, as long as they have the status of a participant or participant on hold from the pension plan of the public function and that is active at the date of his death , your right-havents "mortis causa" perceive a benefit given by the Government in the form of a true capital of an amount equal to a year's salary of his causing the date of his death, understanding of the concepts stated wage in the Caixa Andorrana de Seguretat Social, plus 25% for each child. The maximum benefit to be received by this concept will be of 2 years of salary, calculated in the manner indicated.
They are considered by right-havents "mortis causa" for the purposes of the provisions of the preceding paragraph, the person designated as such by the participant by means of the form provided by the managing body; and lack of this designation Express, people holding this condition in accordance with the provisions applicable successòries.
This provision is compatible with the corresponding base register to the beneficiaries of the deceased insured party on the merits of the collective insurance by accident already entered into by the Government with the contingencies of death and disability coverage for their workers.
Third additional provision in case of Declaration of a disability of an officer or an agent of the general administration of indefinite in active in the entry into force of this law, in the terms provided for in paragraph 3 of article 11, as long as they have the status of a participant or participant on hold from the pension plan of the public function and that is active at the date of Declaration of invalidity , this will be a provision by Government in the form of a true capital of an amount equal to two years of salary at the date of Declaration of the State of disability, understanding of all the declared wage concepts to the Caixa Andorrana de Seguretat Social.
This provision is compatible with the corresponding base register to the beneficiaries of the insured on the merits of the collective insurance by accident already entered into by the Government with the contingencies of death and disability coverage for their workers.
Fourth additional provision are considered participants of the pension plan of the public function and assimilated all the effects in this matter to agents of the general administration of indefinite, workers with a contract of indefinite duration: the University of Andorra, at the Institute of Andorran Studies, the training school of Sports and mountain Professions of Andorra, denominational schools (Col·legi Sant Ermengol Anna mª Janer, school, Colegio Sagrada Família) and the magnet school our Lady of Meritxell, which are associated to pension plan in accordance with paragraph 2 of article 5.
How is that these participants are not professionally linked directly with the Government, the obligation to keep on your gross salary provided for in paragraph 2 of article 4 must be the same entity responsible for its payment, as a delegate of the Government, must also proceed to make contributions to the pension plan of the public function in charge of these participants employees and also the contributions that are in charge of the Administration has initiated the same participants can be attributed.
Fifth additional provision of Special Police Corps officials that have entered the body prior to July 1, 2004, date of entry into force of the law 8/2004, of 27 May, described the police force, who are active in the entry into force of this law, who have made contributions to the system of retirement provision in force prior to that by withholding tax on your gross salary and you have no right to receive benefits at the expense of the Government in accordance with the provisions of the second transitional provision, economic rights enjoyed by the Government by reason of these contributions.
These economic rights are materialized in a contribution to the pension plan of the public function, in charge of the Government, attributable to each of these officials.
The amount of each contribution is the sum of the total contributions actually made to each official by withholding tax on your gross salary, plus 3.5% per annum from the materialization of each retention.
Sixth additional provision

In special bodies, except in cases where public workers adopt voluntary retirement on the terms provided for in this law, compulsory retirement at 60 years of age gives the right to all employees not affiliated any in these bodies to perceive a benefit in charge of the Government until they reach 65 years of age and that will consist of 60% of the last gross salary received , taking as the basis of calculating the wage remuneration-based concepts, site premium, premium, premium improvement old, personal-old premium, premium of absorption, specific premium and premium permanent role. As regards members of the Penitentiary Body affected by the first transitional provision of law 3/2007 of the Penitentiary Body also will have to impute to the basis of calculating the compensation be consolidated established in the Second additional provision of the law, and by members of the police force concerned to the Fourth Transitional provision of the law 8/2004 Andorran police force also will be charging at the base of calculation the extraordinary payment of the twelfth is charged salary based on 22 years of service.
First transitional provision people who on the coming into force of the present Law perceived a premium of compulsory retirement pension or a voluntary retirement benefit at the expense of the Government by reason of their status as civil servants during his active professional stage, will continue to receive these benefits in accordance with the provision in force until the entry into force of this law.
Second transitional provision 1. Civil servants at the entry into force of this law shall be in active and have open rights to access to the perception of a voluntary retirement benefit in accordance with the previous regulation, starting from the entry into force of the law will continue to be given the right to request at any time up to the age of compulsory retirement and to perceive the provision by the Government.
The amount of this benefit is calculated in accordance with the same rules above, taking as the basis of calculating the gross monthly wage received by every civil servant at the time of the beginning of the period of voluntary retirement, wage remuneration based on the concepts, site premium, premium, premium improvement old, staff complement of antiquity and the engulfment by all bodies, and for special bodies , provided that they have been perceived, Furthermore, about the specific premium and the premium for permanent roles. By members of the Penitentiary Body affected by the first transitional provision of law 3/2007 of the Penitentiary Body also charged at the base of calculation the reward be consolidated in the Second additional provision has been established in the same law, and by members of the police force concerned to the Fourth Transitional provision of the law 8/2004 Andorran police force is also charged at the base of calculation the extraordinary payment of the twelfth payment of salary from 22 years of service. On this basis applies the percentage that corresponds according to the previous regulations by reason of the age of the beneficiary or of the years of service provided for this on the date of entry into force of the law.
2. The percentage that corresponds to the officer who will maintain the voluntary retirement according to the indicated in the preceding paragraph 1, will remain unchanged, except for the vitalíciament which corresponds to members of the police force that was entered prior to the entry into force of the law 8/2004 Andorran police force that is to adopt, on the merits of the Third transitional provision of the same scheme established by article 71 of the aforementioned law, which will be of use to the attainment of the age of 65 years the percentage foreseen in paragraph 4 of the article 71.
3. This voluntary retirement benefit will be satisfied in thirteen annual payments, monthly and will be paid to the beneficiaries in the same monthly arm wrestling. The month of December is also the thirteenth annual payment.
4. Civil servants included in the event set forth in paragraph 1 of this transitional provision, arrival the age of 65 years, continue to receive this benefit, although prior deduction in all cases, the amount of the retirement benefit by the Caixa Andorrana de Seguretat Social effectively received, except for members of the police force which joined the body before the entry into force of the law 8/2004 Andorran police force and is host to the diets established in the first transitional provision of law saying that will receive in their integrity, without subtracting the retirement benefit of the CASS.
5. Civil servants included in the event set forth in paragraph 1 that do not carry our the right of access to the voluntary retirement and continue on until the mandatory retirement age, in accordance with the provisions of paragraph 3 of article 7, also have the right to register when you arrive at the age of 65 years, the perception of the provision indicated in the preceding paragraph (1) , replacing the one that eventually may be applicable in accordance with the provisions in the first additional provision, while prior deduction of the amount of the retirement benefit by the Caixa Andorrana de Seguretat Social effectively received, except for members of the police force which joined the body before the entry into force of the law 8/2004 Andorran police force and is host to the schemes established in the first transitional provision of this law you will receive in their integrity, without subtracting the retirement benefit of the CASS.
Third transitional provision 1. Civil servants who are active in the entry into force of this law and still do not have open rights to access to the perception of a voluntary retirement benefit according to the rules above, but that to this date have accumulated a minimum of 25 years of service or only those are 5 years or less to have open rights to obtain in accordance with previous legislation have the right to end his period of employment and to receive a voluntary retirement benefit at the time they meet the conditions of age and/or years of service provided in the previous regulations to retire voluntarily.
They also have the right to get the perception of this provision:

a) When reach the age of 55 years, officials attached to the body in the body before they entered prison special day 11 January 2001, and that the date of entry into force of this law have more than 15 years of service.
b) when you reach 20 years of service to the body, police officers attached to the special body that had entered the body between August 21, 1989 and June 30, 2004 and that the date of entry into force of this law have more than 15 years of service.
2. The amount of this benefit, except with regard to officers attached to the police's special body referred to in the last paragraph of section 1 precedent, results from the application of a percentage, which is calculated based on the age you have the officer at the time of requesting the provision of voluntary retirement, taking as the basis of calculating the gross monthly wage last received at the time of the beginning of the period of voluntary retirement , understanding the concepts of remuneration base salary, premium, premium site to improve personal, premium, premium age of antiquity and the engulfment by all bodies, and for the special bodies, provided that they have been perceived, as well as about the specific premium and permanent functions, and with regard to members of the penitentiary body affected by the first transitional provision of law 3/2007 of the Penitentiary Body also will have to impute to the base salaries be consolidated established in the Second additional provision of the law, and by members of the police force concerned to the Fourth Transitional provision of the law 8/2004 Andorran police force also will have to impute to the base pay of the twelfth extraordinary payment of salary from 22 years of service.
The percentage is calculated according to the following table:-Between 5 years and 4 years plus 1 day before the date of mandatory retirement, by 50%.
-Between 4 years and 3 years plus 1 day before the date of mandatory retirement, 52%.
-Between 3 years and 2 years plus 1 day before the date of mandatory retirement, 54%.
-2 years and 1 year plus 1 day before the date of mandatory retirement, 56%.
-Between 1 year and 1 day before the date of mandatory retirement, 58%.
The percentage of application by police officers attached to the special body referred to in the last paragraph of section 1 precedent is a 1.5% for each full year worked at the special body; However, if these civil servants exercise their right to the end of his period of employment and to receive a voluntary retirement benefit in accordance with the provisions of this transitional provision having fulfilled already 55 years of age, the application will be provided in the same section 2 for the remaining bodies.
3. The percentage that corresponds to the officer who will maintain the voluntary retirement according to the table mentioned in the preceding paragraph (2), will remain unchanged vitalíciament.
4. This voluntary retirement benefit will be satisfied in thirteen annual payments, monthly and will be paid to the beneficiaries in the same monthly arm wrestling. The month of December is also the thirteenth annual payment.
5. Civil servants included in the event set forth in paragraph 1 of this transitional provision, arrival the age of 65 years, continue to receive this benefit, although prior deduction in all cases, the amount of the retirement benefit by the Caixa Andorrana de Seguretat Social actually received and the amount of a retirement pension, with the pure life annuity without right to rollback, computed in the terms provided for in this law on the basis of their individual pension plan established rights of the public at the date of mandatory retirement.
Fourth transitional provision for as long as you don't run set up the Advisory Committee of the pension plan in accordance with the provisions of paragraph 1 of article 15, this shall be understood as constituted since the entry into force of this law with the following composition: a) representatives of the sponsoring Management: the Secretary of State for public function, the Auditor General and the two members of the intervention of Government with more seniority among all intervenors.
b) representatives of the participants: the sites of the owner and also the alternates will be occupied mainly by members of the Advisory Committee of the public function that are attached to the same groups to be represented in the Monitoring Committee of the pension plan. The places for this provisioning system still are vacancies will be filled by older participants in each of the groups represented on the Advisory Committee of the pension plan.
These members shall automatically in their functions as they are expressly appointed representatives from each group. The new designated developed the post until the end of the current mandate.
Fifth transitional provision since the entry into force of this law and until you actually start their duties the managing and the depository institution, the contributions will be safeguarded by the Administration that the promoter will have to invest in term deposits with durations that do not involve any limitation regarding their liquidity and availability at the time of transfer to the depository institution. This transfer is to be made following the guidelines of the Advisory Committee of the pension plan, with participation of the managing body and in accordance with this law.
Sixth transitional provision from the moment from which the depository institution to safeguard funds from contributions of the development and administration of the partakers and until you can proceed to pass the comprehensive statement of the investment policy of the assets of the Pension Fund of the public function to which refers article 14 and that it cannot be effectively started the active management of the pension funds of the public function the depository institution will have to invest the funds in time deposits with durations that do not involve any limitation with respect to liquidity for the purpose of being able to start the active management without restrictions.
Repealing provision

Are repealed the Decree of 30 May 1996, article 49 of the law on the public function, article 33 of law 32/2008 of 18 December, the body of Policemen, the first transitional provision of law 3/2007, of 22 March, of the Penitentiary Body, the transitional provisions first, second and third of the law 8/2004 , may 27, described the police force, sections 1, 2 and 3 of article 14 of the law 5/2004, of 14 April, of the Customs Code and all the remaining provisions of equal or lower rank that conflict with the provisions in this law.
First final provision is added to paragraph 5 of article 4 of the law on the public function, which happens to have the following wording: "5. The provision of vacancies or newly created that are not covered in the phase of internal promotion, are covered by agents of the Administration, except of what affect the special customs bodies, the prevention and extinction of fire and rescue , prison, police and policemen's body and the corresponding to inspectors and Auditors, which are covered with civil servants. "
Modifies the article 5 of the law on the public function, which happens to have the following wording: "Article 5 Are Officials who officials, have the Andorran nationality and after being appointed by the Government, are linked to the public administration by a relationship of employment of a stable, subject to administrative law.
Civil servants have permanent activities of the public administration and can only be separated from active service for the reasons and under the conditions established in the present law. "
Modifies the article 6 of the law on the public function, which happens to have the following wording: "Article 6 Agents of the administration of the Administration agent is considered indefinite indefinite public administration staff to be hired to perform functions of permanent character of the administration.
The working relationship of the agent of the Administration should be formalized by a contract that is governed by labour legislation and the particularities that are established in this law and the regulations that develop it. "
Modifies the article 17 of the law on the public function, which happens to have the following wording: "Article 17 integration of officials and agents of the Administration in the bodies and officials are agents of the administration are integrated into the general or special bodies according to the nature of their provision; This integration involves the use of a corresponding work site.
The working conditions of civil servants in one of the special bodies are regulated by this law and the regulations that develop, and to the characteristics that set the specific regulations in question. "
Modifies the article 34 of the law on the public function, which happens to have the following wording: "Article 34 provision of the places of work of the director in the Group A, the places of work of the director are provided free by appointment, between civil servants or agents of the public administration, in accordance with the provisions of paragraph 5 of article 4 Andorran nationality, who are holders of the squares of the jobs that are included in the Group A and Group B, of the classification system.
The directors are senior officials of the general administration, and the functions that are attached to the current regulations, and also those that entrusting the Minister or Secretary of State.
When a director is appointed in a special body, has all the powers and the specific competences of the body, and also that in accordance with the current regulations are necessary for the proper development of its functions.
In any case, the officer or designated government agent for the position must have the experience and knowledge appropriate to the requirements of the job. "
Modifies the article 35 of the law on the public function, which happens to have the following wording: "Article 35 the appointment and removal of directors Are owners of the places of work of the director are appointed and voted out freely by the Government, by means of Act, duly published in the official bulletin of the Principality of Andorra, on the proposal of the holder of the Ministry to which you are assigned the job. The appointment means the place of origin to the time of his dismissal as director and the allocation of the additional liability premium referred to in article 63 of this law.
The director takes up the post by oath or promise the Member of the Government who has to rely on organically.
Once the termination has occurred, the officer or agent of the Administration returns to the place of origin and fails to perceive the premium referred to in the previous paragraph. If the officer or agent of the Administration has taken the place of the work place for a period exceeding five years, in addition to the remuneration of the work place who happens to occupy, assigned a wage premium that is called "recognition of the leadership". The amount and the update of this add-on has to establish the regulations. "
Modifies the article 48 of the law on the public function, which happens to have the following wording: "Article 48 Retirement 1. The compulsory retirement of civil servants attached to the body and the body of teaching and of the agents of the Administration attached to the general administration with indefinite occurs to the 65-year-old.
2. The compulsory retirement of officers attached to the special customs bodies, the prevention and extinction of fire and rescue, police, penitentiary and policemen body occurs at 60 years. "
Modifies the article 82 of the law of the public function, which happens to have the following wording: "Article 82 passive Benefits and mutual society 1. Will recognize the officials and agents of the administration of indefinite right to benefits for retirement, in accordance with the provisions of the existing regulations on this matter.
2. The Government may establish improvements to passive benefits of the body in charge of the social security system through the approval of plans directed, or specific groups or in general, to all the servants and agents of the administration of indefinite.

In any case, to be the beneficiary of the improvements, the plans must include for their effectiveness and their financing, in addition to the contributions of the general administration, contributions of officials and agents of the administration of indefinite interested.
3. The regulations shall be governed in all respects the mutual society of officials and agents of the administration of indefinite general administration. "
Modifies the article 83 of the law of the public function, which happens to have the following wording: "Article 83 incompatibilities in the perception of the passive benefits perception of retirement benefits, compulsory or voluntary, in charge of the Administration, it is incompatible with any other remuneration as an officer or agent of the administration of indefinite or eventual, for services provided in the public sector.
"In the case of provision of services to the Administration on the part of officials and/or agents of the Administration in the context of a special relationship, the benefits of voluntary retirement and mandatory retirement by the Administration will be on hold for the duration of the special relationship."
Modifies the paragraph 1 of article 86 of the law of the public function, which happens to have the following wording: "Article 86 1. Law enforcement agents of the administration of indefinite Consistently with the provisions of paragraph 5 of article 4, with agents of the administration of indefinite can provide, contractually, vacant or newly created, provided that involve carrying out functions of a permanent nature. "
Modifies the Eighth additional provision of the law of the public function, which happens to have the following wording: "eighth additional provision of retirement benefits for civil servants and agents of the general administration of indefinite is governed by the law of creation and regulation of the pension plan of the public function and regulation thereto.".
Second final provision modifies the article 71 of the law 8/2004, of 27 May, described the police Body, which happens to have the following wording: "Article 71 Social Security officers of the police force are accommodated in the general scheme of the social security system.".
Third final provision modifies the article 50 of the law 3/2007, of 22 March, of the Penitentiary Body, which happens to have the following wording: "Article 50 Social Security Penitentiary Body officials are welcomed to the general regime of the social security system.".
The fourth final provision in order to provide the effectiveness of financial obligations by the Government arising from the provisions of this law, the budget of the State will have to understand, from the entry into force of this law, a game for this purpose.
Fifth final provision 1. It entrusts to the Government that, upon the completion of studies and evaluations appropriate, proceed to the elaboration, within a maximum period of one year from the entry into force of this law, of a report on the desirability of maintaining, repeal or modify the measures subject to the law 2/2012, of 15 March, of measures of containment of public expenditure in the area of personnel in exceptional and temporary care justified the decision on the implementation of those measures.
2. It entrusts to the Government in order to promote the comprehensive reform of the public function within a maximum period of two years from the entry into force of this law.
Sixth final provision the Government will have to prepare the regulatory regulation of the process of appointment, replacement, renewal and removal of the members representatives of the participants in the Advisory Committee of the pension plan referred to in article 15 within a maximum period of three months from the entry into force of this law.
7th final provision this law enters into force on the first day of the month immediately following the six months of its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 30 October 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra Annex 1 provision of mandatory retirement (first additional provision) 1.-theoretical Monthly Salary The general formula for the projection of salaries at any time from the moment of the entry into force of the law to the date of attainment of age 65 is the following :-salaries. General body and special body of education St = Sv * pay * (1 + CSTest) (inc). Other special bodies up to 60 St = Sv * pay * (1 + CSTest) (inc) Of 60 to 65 years St1 = 60% * Sv * pay * (1 + CSTest) (aj-av) * (1 + CSBest) (inc2) Where: t: the month in which the theoretical salary calculated each time from the entry into force of the law and up to the compulsory retirement t1: month in what is the theoretical benefit defined in supplementary provision 6th between 60 and 65 years old.
St: gross salary in month t St1: provision in t1.
v: year of entry into force of the Law Association: gross Salary at the date of entry into force of the law; includes the trienios already accrued. If we exclude the month of December the 13th pay pay: monthly (January 1 to November; December 2) gross salary + salary growth: growth CSTest Brutus to promotions CSBest: growth of the provision of the additional disposal 6th inc: period in years between the date of entry into force of the law and year of screening inc2: period in years from the year of attainment of 60 years and the year of projection.
AJ: year of compulsory retirement-Trienios future. General body and special body of teaching STt = NumTt * PreuTv * pay * (1 + CSBest) (inc). Other special bodies to 60 years STt = NumTt * PreuTv * pay * (1 + CSBest) (inc) Of 60 to 65 years STt1 = 60% * NumTmjo * PreuTv * pay * (1 + CSBest) (aj-av) * (1 + CSBest) (inc2) Where: t: the month in which the theoretical years calculated each time from the entry into force of the law to compulsory retirement t1: month in what is the theoretical benefit defined in supplementary provision 6th between 60 and 65 years old.
STT: remuneration for future trienios in the month you STt1: provision in the month t1 mjo: month of compulsory retirement

NumTt: number of trienios accumulated from the date of entry into force of the law, each month the new trienios be generated every three years in accordance with the law 2/2012, from March 15, of measures of containment of public expenditure in the area of personnel.
NumTmjo: number of trienios accumulated in the month of compulsory retirement v: year of entry into force of the law PreuTv: price of three years at the time of entry into force of the law pay: monthly (January 1 to November; December 2) CSBest: growth of gross wage/benefit DA6th Inc.: period in years between the date of entry into force of the law and year of screening inc2 : period in years from the year of attainment of 60 years and the year of projection.
AJ: year of compulsory retirement 2.-Monthly Salary gross theoretical date of accomplishment of 65 years analogous to the theoretical monthly salary dirty at any time, determines the monthly gross theoretical salary at the date of attainment of age 65.
-Salaries. General body + body teaching special Smj = Sv * (1 + CSTest) (aj-av). Other special bodies Smj = Sv * (1 + CSTest) (aj-av) * (1 + CSBest) (a65-aj) Where: mj: month of achievement of the age of 65 years Smj: gross salary in the month of achievement of the age of 65 years v: year of entry into force of the Law Association: gross Salary at the date of entry into force of the law; includes the trienios already accrued. If it were digitised in December the 13th pay pay: monthly (January 1 to November; December 2) gross salary + salary growth: growth CSTest Brutus to promotions CSBest: growth of the provision of the additional disposal 6th aj: year of compulsory retirement av: year of entry into force of the law a65: year of achievement of the age of 65 years-Trienios future. General body + body NumTmjo PreuTv STmj teaching special * = * (1 + CSBest) (aj-av). Other special bodies STmj = NumTmjo * PreuTv * (1 + CSBest) (a65-av) Where: mj: month of achievement of the age of 65 years mjo: month of compulsory retirement STmj: remuneration for future trienios in the month of accomplishment of 65 years: number of NumTmjo trienios accumulated in the month of compulsory retirement v: year of entry into force of the law PreuTv: price of three years at the time of entry into force of the law CSBest : gross salary growth aj: year of compulsory retirement av: year of entry into force of the law a65: year of achievement of the age of 65 years-once you have determined the amount of the gross monthly salary and future theoretical trienios theoretical, will take into account that these amounts are not lower than the average gross salary actually received during the 15 years immediately prior to the date of mandatory retirement. Therefore, in this case, for the purposes of the calculation of the first additional provision of the pay will be:. General body + body teaching special Sdef = Max (S15; Smj + STmj). Other special bodies Sdef = Max (S15; SV * (1 + CSTest) (aj-av) + NumTmjo * PreuTv * (1 + CSBest) (aj-av) Where: Sdef: Final Salary for the purposes of the calculation of the first additional provision of the last gross average wage: S15 15 years before the compulsory retirement On: formula 1 .PDF Sp: each of the payments actually received during the last 15 years before the compulsory retirement * * * * * * * * * in addition, in the object of sections 1. and 2. the following criteria are taken into account, that influence the same:-with respect to the total remuneration (salary and trienios): ° It will receive in monthly payments over 12 payments, 13, one of extraordinary in December.
-respect of trienios: ° While the officer did not arrive at the compulsory retirement age will generate new trienios.
° Do not establish limits on the accumulation of trienios.
° The trienios will be paid every 3 years from the date reported as on the date of payment of the last three years.
-effects of the foreseen in the law 2/2012, from March 15, of measures of containment of public expenditure in the area of staff: ° salary: in spite of the law provides for a reduction of between 5% and 10%, of the provisional character of the remuneration over 3,000 € gross per month, this measure is not taken into account for the purposes of the assessment of the commitments for pensions.
° with respect to the generation of future trienios: will take into account the provisions of this law for the projection of remuneration will be calculated on the basis of which the commitments.
-for members of the police force that they enter into the body before the entry into force of the law 8/2004, according to the Fourth Transitional provision of the same law, the deposit is considered extraordinary as salary concept to incorporate in their pensionable salary to retirement, as long as the participant certifies more than 22 years old.
-for members of the Penitentiary Body who were in active or on secondment to the law comes into force the public function, according to the first transitional provision of law 3/2007 of the Penitentiary Body, it is considered also the remuneration established by the Second additional provision be consolidated in the same law.
-By those partakers who subsequently to the date of valuation comply with the requirement of seniority in a date that gives right to your payment, the criterion for calculation is as follows:-for members of the special bodies will take into account the benefit to be received by the Government from the age of compulsory retirement and up to 65 years in the Sixth additional provision.
Extraordinary payment = (annual salary/12)/13 3.-theoretical Pension CASS 65 years-points of the CASS Will calculate the theoretical pension to be received by public workers in the attainment of the age of 65 years.
This calculation takes into account the number of points accumulated in theory, by the time you reach the age of 65 years who, in turn, depends on:-contribution Class: it is considered that remains unchanged for each civil servant during his tenure with active work and corresponds to the class in force at the entry into force of the law. By special bodies that must necessarily retiring at 60 years, the kind of contribution in the period between 60 and 65 years is the class.
-Salary/benefit at any time from the entry into force of the law to the date of attainment of age 65, in accordance with the provisions of section 1 (theoretical Monthly Salary) and in the first additional provision.

-evolution of the buying and selling prices of the CASS, in accordance with the hypothesis of projection of IPC. This is the theoretical future revaluation of the point, which is made according to a forecast of the increase in the CPI of 1.5% annual.
The points accumulated at the time of access to retirement of the CASS (65 years) will be determined by the points accumulated to the date of entry into force of the law, more new points that theoretically will foresee that may be acquired in the future in accordance with the evolution of the concepts mentioned above.
-Accommodation of the CASS: for each case is calculated the estimated theoretical pension of the CASS to register the date of attainment of age 65.
The theoretical amount of the pension of the CASS is obtained with the sale of the theoretical points accumulated to 65 years in accordance with the corresponding theoretical sale price in that time.
The Board of the CASS to be considered for the calculation of the complement of the Government on the basis of 65 years, it will be clean of the contribution of the general branch.
4.-theoretical Pension pension plan the public service pension plan pension the theoretical to public function is the one resulting from the transformation of the consolidated law on compulsory retirement date theoretical individual in a pure annuity, without the right to rollback, from 65 years.
Therefore, this Fund will be equivalent to the sum of the monthly contributions to the theory and their corresponding theoretical yields.
Formula 2 .PDF Where: k: number of months from the date of entry into force of the law until the age of 65 years.
St, St1, STt and STt1: Wage Concepts or provision of Additional Available 6th in each month on which to apply the input percentage.
% _ AD:% Input defined on St, St1, STt and STt1; Government Employee 3% and 3%.
RFons: estimated annual Yield of the Fund, 3.5%.
The amount of the theoretical pension arising from the pension plan of the public function will be the one on the right is to transform individual consolidated to 65 years, i.e. formula 3 .PDF Where: formula 4. actuarial present value of the annuity goes: pdf a growing monthly income x 65-year age: and immediate.
LX: Cohort corresponding to the tables PERMFP/2000.
int: technical Interest to transform the consolidated law on income.
CPI: inflation Hypothesis considered.
The calculations of the valuation are monthly.
ITEMS that SHOULD SERVE AS a BASIS for the CALCULATIONS ABOVE earlier calculations should be made taking into consideration the following elements:-regulations: ° law of the public function, of 15 December 2000 ° regulation of retirement pensions, of 29 July 1981 ° decree of 30 May 1996, related to the voluntary retirement and advance tickets.
° Law 9/2004, of 27 May, of the public function of the administration of Justice.
° Law 8/2004, of 27 May, described the police force.
° law 3/2007, of 22 March, the prison of the body.
° law 5/2004, of 14 April, of the Customs Code.
° law 32/2008 of 18 December, the body of Policemen.
° law 17/2008, of 3 October, of the Social security system.
-financial Hypotheses for the projection of variables: Consumer Price Index. 1.50% annual wage Growth/DA6 benefit St. 1.50% annual wage Growth by promotions. 0.50% annual growth of price of trienios acquired after the entry into force of the law. 1.50% annual price of three years. the force on the entry into force of the law of Value point of purchase of the CASS. the force on the entry into force of the law.
Value of point of sale of the CASS. the force on the entry into force of law appreciation of the value of the points of the CASS. CPI Number payments. 13-retirement age CASS. 65 years-Hypotheses to determine the theoretical pension arising from the pension plan of the public function Percentage contribution defined Government. 3.00% Percentage defined contribution employee. 3.00% defined contribution funds future Profitability. 3.50% technical Interest Rate income accumulated in background processing. 4.00% mortality Rate. PERMF/2000P Growth Board. CPI Number payments. 13 "