Law 25/2011, Of 29 December, On Modification Of The Law 17/2008, Of 3 October, Of The Social Security

Original Language Title: Llei 25/2011, del 29 de desembre, de modificació de la Llei 17/2008, del 3 d’octubre, de la seguretat social

Read the untranslated law here: https://www.bopa.ad/bopa/024003/Pagines/74632.aspx

Law 25/2011, of 29 December, on modification of the law 17/2008, of 3 October, of the social security since the General Council in its session of December 29, 2011 has approved the following: law 25/2011, of 29 December, on modification of the law 17/2008, of 3 October, of the social security reason the application of the law 17/2008 , 3 October, social security has highlighted the need to adapt this standard to the current socio-economic situation.

Urgently, and while it discusses a reform of social security system in the Principality that allows to guarantee the sustainability of the health system and social protection, necessary to modify certain aspects of the law that enhance the health and social protection of groups with difficulties and that help to achieve the objectives of rationalization of spending.

First of all, it has been analyzed the particular situation of certain groups without possibility of affiliation to social security.

The law 17/2008 requires all persons or employees who do an activity for own account to join the social security system. Also you can join the people insured under the conditions established in the law indirectly.

People who are not found in any of the three previous cases have no possibility to join the social security or enjoy, therefore, of public health coverage, which may compromise the right to protection of health for financial reasons. Among these people there are students from more than 25 years and the unemployed who do not receive the benefit of involuntary unemployment, which involves the affiliation to the social security.

The modification of the law creates a new special scheme, which included people with students between the ages of 25 and 30 years. It is anticipated the possibility that students in this age bracket to be able to make contributions to the general branch to have the right to enjoy the benefits of refund. The amount that you must pay contributions based on 55% of official monthly minimum wage.

Likewise, for the unemployed and registered at the employment service who do not receive the financial benefit for involuntary unemployment, creates another special regime that allows the contribution to the general branch and the access to the right to the refund provisions. In this case, the basis of calculation for the quotation corresponds to the official minimum wage monthly.

On the other hand, the periods of registration in the employment service calculated in order to be entitled to the benefits of orphanhood and widowhood, and avoiding in this way the possible loss of the right to generate these benefits for people who have been unemployed.

Another aspect that has been reviewed, in these financially difficult times for many companies, it is the Foundation on which are listed the self-employed workers. The law 17/2008 provides that this basis corresponds to the average monthly salary of all the wage-earners. The resulting amount it has to pay contributions may be excessive for people that make certain economic activities with profits and revenues scarce.

The modification of the law includes a provision that provides for a reduced contribution specifically in terms of income and the benefits of the activity carried out by the self-employed worker, and in any case during the first two years from the start date of the activity, favouring in this way, the creation of new businesses.

With regard to the economic rationalization, the continued imbalance between the income and expenses of the general branch of the social security requires an effort to improve the allocation of resources available to medically relevant benefits.

In this sense, the modification of the law foresees several reimbursement rates for certain benefits in terms of its effectiveness and efficiency, establish new mechanisms for temporary incapacity and modify the amounts of the pensions of reversion to bring them to the contributory part.

Another modification in the law provides for an upper limit for the amount resulting in cases in which there is the beneficiary of a temporary pension widow's pension with one or more beneficiaries of pensions of orphanhood. This amount may not exceed the 100% of the pension or salary that the insured person was deceased, bringing the economic benefit to the contributory part.

It introduces also a repealing provision that affects the article 27 of the law 31/2008 of 18 December on economic revival measures. This derogation implies that pensioners who continue working persons in the general branch, in the same way they do the rest of the workers.

All these modifications improve the social security system, expand the population and make it more efficient.

For this purpose, approves the law on modification of the law 17/2008, of 3 October, of the social security system.

Article 1 modifies article 99.2 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "2. The wage earning person with a contribution base below the official monthly minimum wage, provided that not included in the scope of application of one of the special schemes provided for in articles 223 and 224 bis, must complement the quotation with a deal that added to the contribution made by the company or companies is equal to this minimum base, under the conditions established by regulation. "

Article 2 modifies the article 111.2 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "2. In the performance in which its grant or amount requires certain contribution periods are only effectively calculable the contributions made or expressly assimilated to these."

Article 3 modifies the article 135.3 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "3. The costs of benefits made or prescribed as a result of a non-occupational injury or a common illness are paid in the following percentages, without prejudice to the provisions of the remaining sections of this article: a) health expenditures pertaining to acts made or prescribed for each of the health professionals , and. In general, 75% of the fees of responsibility, in accordance with the nomenclature;
II. From 30% to 75% of the fees of responsibility in accordance with the nomenclature, the expenses arising from the cost of medicines, orthopaedic products and other products specific to health;

III. And 50% to 75% of the fees of responsibility in accordance with the nomenclature, the expenses arising from acts of rehabilitation and functional readjustment.

b) the costs of hospitalization and detention, both stay as health acts carried out during the hospitalization or internally, 90% of the rates of responsibility in accordance with the nomenclature.

The rates of refund to which refer to sections) ii. and iii.-) are set according to the therapeutic value of the product or of the rendering, the type of pathology in which they were intended, as well as the affected population group. "

Article 4 modifies the article 140 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "Article 140.

Completion of performance 1. The benefits of refund granted as a result of an accident or an illness established before or after the date of cessation of employment or completion of the professional activity, it reembossen during the illness or the effects of the accident and provided that the affected person keep residency in Andorra, in accordance with the following limits: in) up to 60 days after the date of termination or the end before the demand for services has contributed less than six months.

b) up to 90 days after the date of termination or the end before the demand for services has contributed between six and thirty-six months.

c) up to 120 days after the date of termination or the end before the demand for benefits have contributed to more than thirty-six months.

2. The limits established in the previous issue, if at the time of the date of termination or the end will receive economic benefits for temporary disability or maternity leave, counting from the time when the right to receive the benefit to which the person is entitled beneficiary. "

Article 5 modifies article 146.4 the law 17/2008, of 3 October, of the social security system, which is worded as follows: "4. The non-presentation to the announcements of the Caixa Andorrana de Seguretat Social without justified reason, not found at the address in the time according to what is established by regulation, or any conduct contrary to the healing process in the period of temporary disability , brings the high administrative and the suspension of the benefit. "

Article 6 modifies the article art.148.2 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "2. The economic benefits for temporary disability arising from non-occupational injury or common illness are paid to the fourth day of the issuance of the certificate mentioned in article 144."

Article 7 modifies the article 178 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "Article 178.

Amount the amount of capital to death equals justified expenses arising from the death, with a maximum amount equivalent to three times the global average monthly wage paid contributions for the whole of the people rely on the Caixa Andorrana de Seguretat Social of the year immediately prior to the triggering event. "

Article 8 modifies the article 179 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "Article 179.

Object 1. The rollback are intended to compensate for the loss of earnings resulting from the death of the insured person directly.

2. There are two types of pensions for rollback: widow's pension and orphanhood. The widow's/widower's pensions can be temporary or annuities.

3. When a situation where the beneficiary of a temporary pension widow's pension with one or more beneficiaries of pensions of orphanhood, or more beneficiaries of pensions of orphanhood, the sum of the respective pension amounts do not exceed 100% of the pension or salary that the insured person was receiving late-or the sum of both if that person was the one and the other, or of the basis of contribution of the insured on their own if the originator was included in this collection» Group. In the event that you give this too much, the amount of the pension is reduced proportionally.

4. The individual beneficiary of a widow's/widower's pension for life that exists in any of the assumptions of the previous section will have no pension reduction for this circumstance. "

Article 9 modifies the article 180 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "Article 180.

Generation of law 1. To be effective the right to widow's/widower's pension, the insured deceased person by reason of common illness or non-work-related accident must have contributed at least thirty-six months in the last forty-eight months in the general branch, if you had less than thirty years, or 60 monthly payments in the last seventy-two months, if you had 30 or more years of age at the time of the death. Also be counted as periods of contribution effective those in which the deceased insured person has been registered as a job seeker in the employment service.

2. When the death has due to an accident at work or an occupational disease, does not require a minimum period of contribution.

3. do not count for the contribution of the heading 1 the quotes in the general branch of the persons of 65 years of age or more who do not perceive any Board and just listed on the general branch. "

Article 10 modifies the 190.2 article and added the article 190.3 law 17/08, social security, with the following wording: "2." also generates the right to the pension of the deceased person when orphanhood does not comply with these general requirements, but it has contributed to the general branch for at least twelve months in the past eighteen months before his death. Compute like effective periods of contribution those in which the deceased insured person has been registered as a job seeker in the employment service.

3. do not count for the contribution of the previous section the contributions to the general branch of the people of 65 years of age or older who do not receive any Board of the Caixa Andorrana de Seguretat Social and just listed on the general branch. "

Article 11 modifies the article 219 of the law 17/2008, of 3 October, of the social security system, which is worded as follows: "Article 219.

Types are special schemes are corresponding to the following individuals: a) orphans of father and mother and other people the tutelage or guardianship of which it entrusts to the State.

b) The people interned in prisons.

c) people with disabilities.

of insured persons in voluntary) retirement.


e) rely on people who are paid a salary below the minimum wage and are indirect rates.

f) people prejubilades.

g) The people students from 25 years to 30 years.

h) The people registered at the employment service who do not receive the financial benefit for involuntary unemployment. "

Article 12 is added to the law 17/2008, of 3 October, social security, article 223 bis, with the following wording: "Article 223 bis.

Those students from 25 years to 30 years 1. Are included within this special scheme for people aged 25 years and 30 years, inclusive, who voluntarily want to belong to this group, may not be registered as insured people are enrolled in studies indirect teaching recognized, do not work on a regular basis and do not work on their own. The accreditation of these requirements is fixed by regulation.

2. These people have to request their affiliation to the social security and proof of their status in accordance with the system regulated in articles 25 and following and the regulations that develop this article.

3. These people have to communicate the beginning or the end of this situation to be discharged or low, respectively, in this special scheme in accordance with the system regulated in articles 33 and following.

4. The inclusion in this special scheme gives the right to enjoy the benefits of refund according to the rules governing regulated by articles 132 and following, except for refund benefits until 100% of the fees for insufficient financial resources.

5. The obligation to pay contributions only corresponds to the general branch, the percentage is 10% and should assume the person insured.

6. The contribution basis corresponds to 55% of official monthly minimum wage.

7. The contribution is to be applied to the contribution base the corresponding percentage. In the case of paid employees activities below the official minimum wage monthly and not work on a regular basis, will be required to make contributions in the general scheme, although it will be able to apply the contribution premium provided for in article 99 of this law. Also will have to make contributions in the general scheme if, occasionally, during holiday periods they receive a salary equal to or greater than the monthly minimum wage.

8. the payment is made by means of the payment of the amount which has been obligatorily. The Caixa Andorrana de Seguretat Social authorizes payments of the contribution period of over a month, under the conditions that will fix the regulations.

9. contribution periods exclusively on this special scheme is not calculated to have the right to the economic benefits described in article 8, or generate the right to rollback.

10. These people may not have to pay policyholders indirect, but also make contributions to the general scheme.

11. The refund provisions will cover counting from the first day of the date the application is registered in the Caixa Andorrana de Seguretat Social, and as long as they are aware of the payment of their contributions. "

Article 13 is added to the law 17/2008, of 3 October, social security, article 224 bis, with the following wording: "Article 224 bis. People registered at the employment service who do not receive the financial benefit for involuntary unemployment 1. Are included within this special scheme for people aged 18 years and 65 years, who want to belong to this group, have at least three years of continuous residence in Andorra at the moment to affiliate to it, are registered at the employment service as a job seekers and do not receive the financial benefit for voluntary unemployment.

2. People over 35 years shall prove to have contributed in Andorra periods of 36 months prior to the request for registration.

3. These individuals can request their affiliation to the social security system, in accordance with the system regulated in articles 25 and following and the regulations that develop this article.

4. These people have to communicate the beginning or the end of this situation to be given, respectively, high or low according to the system regulated in article 33 and following. The Caixa Andorrana de Seguretat Social and employment service can share all the information and data they deem necessary or appropriate to verify the validity of the data contained in the files.

5. These people have the right to enjoy the benefits of reimbursement covered in articles 132 and following and may have to pay people insured always indirect who meet these requirements established by law.

6. The obligation to pay contributions only corresponds to the general branch, the percentage is 10% and must assume the people insured.

7. The contribution basis corresponds to 100% of the minimum monthly official.

8. The contribution is to be applied to the contribution base the corresponding percentage.

9. The payment is made by means of the payment of the amount which has been obligatorily.

10. contribution periods while the person is located within this special scheme is not calculated to have the right to the economic benefits provided by the article 8, but it calculated for the purposes of the contribution periods for pensions for reversal.

11. The refund provisions will cover counting from the first day of the date the application is registered in the Caixa Andorrana de Seguretat Social, and as long as they are aware of the payment of contributions.

12. Can continue being part of this special scheme for people who are given low in the employment service to suffer a medically certified serious illness by la Caixa Andorrana de Seguretat Social and incapacitates develop any professional activity. "

Article 14 is added to the law 17/2008, of 3 October, of the social security, a fifteenth additional provision with the following wording: "fifteenth additional provision 1. The people who make a self-employed activity, in accordance with article 19 of the law, can enjoy a reduction of the contribution if they meet any of the following requirements: a) found in the first 24 months from the start date of the activity that gives rise to the registration in the community of people who make a self-employed activity.


b) file, the previous tax year, a result of less than € 24,000, as well as a number of business less than 150,000 € for business related professional services and business and to 300,000 € for the rest of the business.

To determine these amounts apply accounting standards in force in the Principality, with the positive adjustments resulting from considering all the rewards in favor of the owner of the activity and of the other people who work and live with the owner.

By regulation will define the activities included in the business-related professional services and business.

2. Cannot be accommodate in this regime the people who make more than an activity for their own account, if any of the activities does not meet the requirement of the letter a), or all of the activities considered in aggregate form does not comply with the requirements set forth in the letter b).

3. In the event that the economic activity, the more of a self-employed worker, for the purposes of this additional provision, the result of the exercise and the number of business must be allocated proportionately to each worker, unless certified by a participation in the ownership of the business. The limits of the letter b) are understood by each of workers on their own.

4. The contribution basis corresponds to the percentage of 75% of the base provided by articles 101 and 104 of the law.

5. The economic benefits envisaged by article 8 of the law has been calculated in accordance with the basis of calculation by which traded as defined in article 121 of the law, reduced in the ratio indicated in section 4 above.

6. People who wish to benefit from the reduction must present the documentation accrediting compliance with the established requirements, in the form and the models set out in the regulations.

7. In all matters that are not regulated in this provision and in the regulation of the Government that in developing the content, is of supplementary application the regulations of the community of people who perform an activity on their own. "

Transitory provision the first financial benefits paid by the Andorran Social Security the amount of which once deducted the contributions of the insured is equal to or greater than 2,000 euros a month, are not revalorades in the year 2012.

Second transitional provision Can benefit from the special scheme of article 224 bis people who, prior to the entry into force of this law, fulfill the requirements contained in this article and would keep the regime by the effect of section 12.

Third transitional provision the services requested or granted prior to the entry into force of this law have a continuity after entering in force regulate by legislation in force at the time of the triggering event, as long as this law is not more favorable.

Repealing provision Is repealed as article 27 of the law 31/2008 of 18 December on economic revival measures.

Final provision this law comes into force the day after the date of being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, 29 December 2011 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.

Joan Enric Vives Sicília Bishop of Urgell of Andorra Co-prince Nicolas Sarkozy President of the French Republic, Co-prince of Andorra