Law 4/2006 Of 7 April, Of Urgent Measures And Specific Social Security System Reform

Original Language Title: Llei 4/2006, del 7 d'abril, de mesures urgents i puntuals de reforma del sistema de seguretat social

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Law 4/2006 of 7 April, of urgent measures and specific social security reform since the General Council in its session of April 7, 2006 has approved the following: law 4/2006 of 7 April, on urgent measures to reform the social security system and specific reason social security , as an institution that receives the influence of economic and social development as well as the public needs to be operation requires a constant evolution in order to adapt to the factors mentioned above, the fact that on the other hand allows you to simultaneously consolidate the system itself. For this reason it is thought advisable to reform the social security system to adapt it to the changes experienced in recent years as both social and economic.

The existence of an institutional and social consensus to promote this reform of the system on the basis of the existing legislation has made it possible that reached the agreement of parliamentary groups that form the General Council, in order to give satisfaction to the Andorran population immediately, with the adoption of some measures of protection and social improvement considered inajornables.

The present Law has as its objective the introduction, timely and urgent way, of the measures mentioned in waiting for a systematic and comprehensive reform of the Andorran social security system, which you will need a more in-depth reflection in accordance with the extent and complexity of the concepts that have been regulated.

Article 1 of the law amends articles 12, 20, 31 and 42 of the Technical Regulations of the Andorran social security scheme with the aim of progressively, taking into account the time of contribution, the terms of coverage of the health care benefits to policyholders who are without employment up to the maximum of 120 days, to fix the pensions of orphanhood, at least at 30% of the minimum wage , to improve the amount of the widow's/widower's pensions lower than the 50% of the minimum wage and to establish an increase in economic benefit for maternity.

Article 2 of the law, through the introduction of a new article in the technical regulation, establishes a contributory old-age pensions not lower premium 50% of the minimum wage set by the Government equivalent to 10% of the amount of the pension for persons who have paid contributions less than 84 monthly instalments in the CASS, at 15% of the amount of the pensions for persons who have paid contributions between 84 and 239 monthly instalments in the CASS and Finally, for people who have contributed to the 240 monthly payments or more the addon will consist of the amount necessary for its old age pension is equal to 50% of the minimum wage.

The adoption of the measures referred to implies also, in addition to the amendments to the Technical Regulations of the Andorran social security scheme, the repeal of the article 1 of the law on regulation of the periods of leave, maternity leave or adoption of salaried workers, of June 22, 2000.

For the reasons presented, the General Council approves the following Law: Article 1 amending articles 12, 20, 31 and 42 of the Technical Regulations of the Andorran social security scheme, which are written as follows: "Article 12 the maternity insurance involves the payment of reimbursement and salary benefits.

The agreed reimbursement benefits to the insured or the insured's successors comprise:-The payment of a lump of part corresponding to the fees of the doctor/s or/the llevador/a.

-The reimbursement of the costs of the stay in the clinic or at the hospital for eight days, according to the price of the box.

-The coverage of medical expenses, hospitalization and pharmacy that may occur occasionally as a result of childbirth.

The above charges will have to reimburse at the same percentages that defines the article 10.

The decision to charge the costs of maternity insurance made in hospital establishments that do not have an agreement with the box must be made on the basis of the rates of the box. The decision to charge the costs of maternity insurance made in the hospital establishments who have established an agreement with the box will have to be made under the conditions defined in this agreement.

The coverage of the expenses set out in the preceding paragraphs may be made by means of the global payment system, in the same conditions as defined in article 9.

The set of these benefits will be paid under the conditions provided for in article 10.

Salary benefits involve, under the conditions laid down in article 21 of the law 8/2003, of June 12, about the employment contract, the payment of a daily pension equivalent to 100% of the 1/180 of of six months prior to the date of cessation in the workplace.

This daily pension has been paid on the condition that there is indeed work unemployment.

The application of the present article should spell out in a particular text. "" Article 20 to take or give the right to the benefits of health insurance, with the exception of the work stoppage, in its two subsections, the beneficiary should justify: a) for the first claim for benefits:-if it is paid, which is in a situation of high and who has paid contributions for at least 40 days;

-If it is not paid or insured volunteer, who has paid at least the contributions of the three previous months.

b) then:-if it is less than a year and has contributed to the wage in the Caixa Andorrana de Seguretat Social, must have worked at least 15 days during the 75 days prior to the disease;

-If you have contributed more than one year but less than two, must prove that you have worked at least 15 days during the 105 days before the disease;

-If you have worked for more than two years, you must prove that you have worked at least 15 days during the 135 days previous to the disease;

-If it is not paid or voluntary insured, must prove that he is up to date with their contributions.

c) for the application of paragraph b) above, the unemployment of salaried work because of illness, accident or maternity leave is assimilated to the exercise of an activity. "" Article 31 The invalidity pension is paid in the following conditions:-for the disability amount, the pension amounts to a disease from 30% to 75%, at most, the average monthly wages of an amount determined in a text of application, if it is paid; and the average salary established by the box, if it is not paid;

-for disability work-related injury, the Board can be of 100% of the average monthly salary in the year prior to the accident that has produced the


invalidity.

In all cases, the rate will be reviewed every two years, depending on the degree of invalidity.

In the event that the work-related accident occurs after the death of the insured, the widower or widow, in accordance with the provisions in article 42, shall receive an income as measured by the rate of 50% of the average monthly salary that the insured has registered during the year prior to the accident that occurred the death. To lower pensions at 50% of the minimum wage established by the Government, this income is completed with the amount of 50 euros, or, if this is the case, with a lesser amount, so that the resulting pension does not exceed 50% of the minimum wage.

According to the provisions of the same article, each of the orphans should receive an income of 10% of the insured salary of the deceased. In any case, the minimum pensions of orphanhood, may not be less than 30% of the minimum wage set by the Government.

The orphans over eighteen but under twenty-five years should receive the same benefits set out in the previous section, provided they are enrolled in a teaching establishment recognized and who do not develop any work on a regular basis.

The accreditation of these requirements is fixed by regulations. "" Article 42 the pensions defined in article 35 increase by 10% to reach the spouse of the insured at the age of 65 years, if he himself does not perceive a pension in old age.

At the time of the death of the insured, the widow or widower survivor must receive a pension of reversion, with the condition that the rights acquired by the widow or widower represent, at least, sixty listed monthly payments, that is, five complete years, and they meet one of the following conditions: a) to have at least forty five years old at the time of the death of the insured.

b) find themselves, whatever their age, in a State of disability, duly justified, that disables them, so absolute, to exercise any professional activity.

c) Have in his Office, whatever his age, at least one child under the age of eighteen.

The reversion to widowhood is equivalent to half of the pension which was or would have corresponded to the insured at the time of his death.

To lower pensions at 50% of the minimum wage established by the Government, this Board is completed with the amount of 50 euros, or, if this is the case, with a lesser amount, so that the resulting pension does not exceed 50% of the minimum wage.

The widower or widow survivor who was in charge of the insured at the time of the death of the insured, and that justifies, in addition, a State of total incapacity for work, medically checked, should benefit from the rollback, under the same conditions.

The orphans under the age of eighteen years of age, according to the foregoing, should receive a pension corresponding to 10% of that was attributed to or would have corresponded to his ascending the deceased, calculated according to the same conditions as in the previous case to start it to have the right. In any case, the minimum pensions of orphanhood, may not be less than 30% of the minimum wage set by the Government.

The orphans over eighteen but under twenty-five years should receive the same benefits set out in the previous section, provided they are enrolled in a teaching establishment recognized and who do not develop any work on a regular basis.

The accreditation of these requirements is fixed by regulation. "

Article 2 is introduced in the technical regulation a new article with the number article 35 bis, with the following wording: "Article 35 bis establishes a contributory old-age pensions not lower premium 50% of the minimum wage set by the Government, with the following graduation: in) The people who have paid contributions to the Caixa Andorrana de Seguretat Social 240 months or more and do not reach with the retirement pension the amount equivalent to 50% of the minimum wage must receive a contributory old age pension not complement your consisting of the number of points required in order that the pension they receive is equal to 50% of the minimum wage established by the Government.

b) people who prove their residence in the Principality of Andorra, in the way that is fixed by Regulation, and who have paid contributions between 84 and 239 months and do not reach with the retirement pension the amount equivalent to 50% of the minimum wage, they must register a contribution add-on does not corresponding to 15% of the points they had acquired or, if this is the case , a lesser amount, so that the resulting pension does not exceed 50% of the minimum wage.

c) people who prove their residence in the Principality of Andorra, in the way that is fixed by Regulation, and who have contributed less than 84 monthly payments and do not reach with the retirement pension the amount equivalent to 50% of the minimum wage, have to register a premium corresponding to the contribution not 10% of the points they had acquired or, if this is the case , a lesser amount, so that the resulting pension does not exceed 50% of the minimum wage. "

First additional provision 1. The contributory old-age pensions not premium provisions of this law shall be financed by the general budget of the State. To this end the Government has transferred periodically to the Caixa Andorrana de Seguretat Social the amounts necessary to deal with the payment of this contribution not premium in accordance with the provisions of the additional provisions for the fourth and fifth.

2. To comply with the provisions of this additional provision, the Caixa Andorrana de Seguretat Social and the Government should set up the corresponding collaboration agreements.

Second additional provision people who have the right to the corresponding Board in application of the provisions laid down on the Totalisation of contribution periods in the merits of the agreements that have established the Principality of Andorra in the field of social security, once certain rights in accordance with the provisions of the agreement, they must register the amount of the benefit in the proportion between the insurance period fulfilled on the part to which the institution which calculates the provision and the whole of the periods of insurance to both signatories of the agreement.

Third additional provision this law applies both to the ongoing pensions as to which will be awarded on the basis of the entry into force of the law.

Fourth additional provision The Caixa Andorrana de Seguretat Social should be applied automatically, without the need for express demand of the beneficiaries of the pension, the increases set out in this law to the pensions for widow's pensions and the pensions


of orphanhood, of people under the age of eighteen and accessories contributing not to the pensions for elderly people who have contributed to the 240 months or more.

Fifth additional provision 1. The beneficiaries of old-age pensions who have contributed 239 months or less, the Caixa Andorrana de Seguretat Social, within a maximum period of 15 days from the publication of the regulation referred to in the second final provision, must request the presentation of documents to prove their residence in the Principality of Andorra in the form established by the regulation and Once registered the residence, they apply to his pension increased provisions this law in function of time contributed.

2. The Caixa Andorrana de Seguretat Social, within a maximum period of 15 days from the publication of the regulation referred to in the second final provision, must apply to those orphans between the ages of eighteen and twenty-five years that can identify according to their files, the presentation of the documents that prove that take studying and who do not work regularly in the form established by the regulation , and once accredited these requirements are effective for the Board.

3. In the case of the two previous sections if you prove the requirements within a maximum period of three months from the entry into force of this law, the Add-ons for old-age pensions are not contributing or orphanhood, pensions will be paid from the date of entry into force of the present law.

Repealing provision abolishes all the foregoing in this law in that there are contrary. In particular, is repealed as article 1 of the law on regulation of the periods of leave, maternity leave or adoption of salaried workers, of June 22, 2000.

First final provision empowers the Caixa Andorrana de Seguretat Social to enlarge the budgetary credits needed to respond to the obligations arising from the application of this law.

Second final provision the Government has set for the regulation, within a maximum period of 15 days from the publication of the law, the conditions referred to in articles 31 and 42 of the Technical Regulations of the Andorran social security scheme modified by the present law, as well as the forms of proof of residence in what will referred to the letters b and c)) of article 35 bis.

Third final provision this law shall enter into force on the first day of the month following the day it is published.

Casa de la Vall, April 7, 2006 Joan Gabriel i Estany 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.

Jacques Chirac Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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