Social Security Law

Original Language Title: Ley de Seguridad Social

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-seguridad-social

BLAS ROCA CALDERÍO, President of the Assembly national of the power people of the Republic of Cuba.

I know: That in the session of the National Assembly of the Popular power, held on 4 and 5 July 1979, corresponding to the first regular session, was approved the following: whereas: socialist society, in the incessant search for ways to meet every day to a greater extent the increasing material and spiritual needs of the people, offers a comprehensive social protection which are the preservation of life and health, education and social security aspects which constitute a liability and a primary goal of the State.

AS: From the triumph of the revolution significant resources and efforts to make this social protection, are have been devoting giving social security, in the past period, a new meaning and a greater reach, expressed primarily in the law No. 1100, of March 27, 1963, which, in addition to give uniformity to the existing benefit scheme and to extend its scope to new sectors of the working population He joined the same multiple benefits that were subsequently extended by means of supplementary schemes and health care plans, a process that has been materializing in the Cuban social security, by progressive stages, principles of the new society which is built.

HOW: Lessons learned and the changes in the country during the last years advised, in correspondence with the level of economic development attained by our socialist State, the enlargement and improvement of the system of Social Security currently in force, which reaffirmed its projection of progressive, to increase the financial resources dedicated to social benefits and a more equitable redistribution of funds allocated to these purposes is determined.

FOR: Modifications and improvements introduced by this law comply with the directives on social security and social assistance drawn by the first Congress of the party and develop the principles embodied in the Constitution of the Republic with regard to these institutions.

AS: The agreements adopted by the XIII Congress worker from the Central of workers of Cuba, which include the resolution on Social Security, recommended stimulation to stay at work after fulfilled requirements to obtain the pension age, the granting of amounts exceeding the workers of exceptional merit, the fixing of a minimum length of service for entitlement to the pension for invalidity , the creation of a new retirement with less years of service, the connection between the amounts of benefits to the times of services provided and the accrued wages, the increase of subsidies by disease and accident, partial invalidity protection and the incorporation of the regime of social welfare as an integral part of the Social security system. These suggestions, along with the General Bases of the Social Security, known by the XIV Congress worker, served as the basis for this law.

FOR: According to the revolutionary tradition, this law was submitted in its preliminary phase to knowledge and discussion of the workers and approved by 99.5 percent of the participants in 46,998 assemblies, all of which reaffirms the democratic essence to put into practice the will of the people.

THEREFORE: The National Assembly of the Popular power agrees to the following: law NO. 24 SOCIAL title I General article 1.-the State security guarantees adequate protection worker, his family and the population in general, through the Social security system, comprising a social security scheme and a social assistance scheme.

Article 2.-The social security scheme provides protection to the worker in the case of illness and accident of common or professional origin, maternity, invalidity and old age and, if the worker's death, protects your family.

Article 3.-The social assistance regime protects especially the elderly; persons unfit for work; and, in general, to all those whose essential needs are not secured or which, by its conditions of life or health, require protection and can not solve their difficulties without the help of the society.

 

Title II regime of security SOCIAL chapter I persons protected article 4.-are protected by social security: a) salaried workers for the State, cooperative and private sectors;
(b) the workers employees of the organizations political, of masses and associations;
(c) the Cuban workers which, duly authorized, work in the diplomatic and consular missions, representations of international organisations and commercial offices accredited in Cuba and foreign companies located or represented in the country, or to provide services to staff of the same;
(ch) the workers Cuban that, in territory overseas, working in companies Cuban or in functions entrusted by the Government Cuban;
(d) the Cuban workers that are designated or approved by the Cuban Government to work in international organizations;
(e) the military who meet the mandatory deadlines for active military service and earned wages through systems salariares governing workers in the country, in cases of temporary disability;
(f) workers who receive a financial subsidy for upper level studies or be welcomed to training plans, approved by their respective places of work;
(g) the family of a worker who is determined under this Act;
(h) the inmates and her family, in cases of total disability or death caused by the industrial accident.
 

Chapter II benefits article 5.-the benefits are benefits that entitled the worker and his family and are classified into: to) benefits services;
(b) benefits in kind;
(c) sickness benefits.
Article 6.-performance in services, which are offered free of charge: to) medical and dental, preventive and curative, hospital assistance general and specialized;
(b) the physical, psychological and occupational rehabilitation.
Article 7.-are benefits in kind, provided free of charge: to) food and medicines appropriate while the patient is hospitalized;
(b) devices for orthopedics and prosthetics necessary in cases of industrial accidents and occupational diseases;
(c) medicines in cases of work accidents and occupational diseases that do not require hospitalization.
Article 8.-are sickness benefits: to) the subsidy due to illness or accident;
(b) the total or partial invalidity pensions;
(c) the pension age;
ch) the Board caused by the death of the worker, pensioner or another protected person by law.
Article 9.-Monetary benefits can reach up to 90% of the average wage of the worker.

Article 10.-To carry out the calculation of the monetary benefits occurs when you add the wages earned by the employee in the different periods of occupational activity which sets this law for each case and its result is divided by the amount of days, months or years that comprise such periods, thus obtaining the average salary on which apply the percentages that correspond to determine the amount of benefits.

If in any of these periods the worker claimed subsidy by disease or accident, compensation for being available or the economic benefit for maternity leave, is credited as a salary which would have corresponded him have worked this time.

Article 11.-For the purposes of this law effectively perceived total refers to the worker's salary in respect of rate, increased if necessary; sobrecumplimiento of the rules; work hours concerning extraordinary extras, double-shift and enablement as working days-days of weekly rest, holidays and national commemoration; plus wages; raw; paid leave and additional wage payments.

Article 12.-The social security rights and actions to demand its recognition are imprescriptible.

Article 13-The right to the payment of benefits with few economic benefits arising from adjustments due to modification or claim arises from the date which is determined in the regulations of the law for each case.

Article 14.-Granted the pension age, the pension for total disability or the final pension by cause of death and then issued and delivered the document of payment, lost the right to quotas which is not collected within u period of three months following the day that its collection should be.

The right to the payment of unclaimed pension for partial invalidity deadlines within the cent is lost also eighty days after the date that payment could be made.

Article 15.-The amounts not collected by a deceased beneficiary stick to relatives with entitlement to the pension that the death of that originate, except when it has lost the right to be collected in accordance with the previous article.

Article 16.-Cannot perceive are simultaneously more than one social security by way of pension provision. Which is entitled to more than one of them may choose which considers appropriate, and may vary the option at any time.


Exception this provision of which having right to more than one pension, any of them reach the amount of sixty pesos, case in which can be seen up to that amount.

 

Chapter III time of services article 17.-refers to year of service the normal working time, in accordance with the sector or activity concerned, within the period of twelve consecutive months. Services in any sector or work at all times, whether civil or military are recognized, but the simultaneous does not accumulate.

Article 18.-The length of service can be credited by means of documentary evidence and, in the absence of this, by means of witness test or another that is established for this purpose.

The regulations of the law regulates the requirements and formalities required for the Constitution of the documentary and witness evidence to the effects of their suitability and the standards for their evaluation, as well as the times of services, accredited by witness test, are Computable for the calculation of monetary benefits.

Article 19.-Corresponds to the State Committee for labour and Social security rating in all cases the evidence submitted, in order to accept them or reject them on the basis that they are adjusted to the requirements and formalities that are established for each case.

Article 20.-are credited as service time active, in addition to the actually worked, the following: a) the inactivity of the worker due to illness or accident of any origin. Is not computable as tempo of services which expires after judged the total disability for work, and medical expertise;
b) license paid maternity leave;
(c) the paid leave;
ch) military mobilizations;
d) used by the workers to study or receive vocational training in the territory national or foreign;
e) spent by the worker functions electives in the organs of Popular power or people's courts or Trade Union and political activities authorized under the current legislation;
f) the recruitment, for young people who met their duty within the General military service;
(g) the paid licenses granted in accordance with the labour legislation in force;
(h) the period in which workers enjoy pension partial disability to undergo rehabilitation treatment or receive courses of qualification or requalification;
(i) the paid and not worked for reasons not attributable to the worker, duly accredited and justified, not included in the preceding subparagraphs;
(j) the period in which the worker is charging the compensation for having the category of available;
(k) the pre-trial detention, when the defendant won't be sanctioned;
(l) the worked not by dismissal or separation definitive or temporary illegal, provided that had been firm resolution of competent authority by ordering the replacement.
 

Chapter IV invalidity temporary section first disease and accident article 21-comes the subsidy temporary worker present a source common or occupational disease or suffer a common accident of the work that temporarily disable you to work disability.

Article 22.-to the effects of the protection that guarantees this law is equated to the industrial accident the suffered by the employee in the following cases: to) during the normal or usual path of return to work and returning from the same;
(b) in the volunteer work promoted by the trade union organization;
(c) in the work voluntary promoted by the organizations of masses towards the production or the services;
ch) saving human lives or defending the property and the legal order;
(d) performing functions of the Defense Civil;
(e) during the mobilizations to fulfill tasks of military training or services of a military nature.
Article 23.-for the granting of the subsidy by disease or accident is required that workers are in active service at the time of illness or injury, and that it has not happened for one of these reasons: to) autoprovocacion;
(b) with reason or occasion of an institutional offence or from claiming his Commission;
 

SECOND section features by disease and accident article 24 - the ill or injured worker receives up to their healing or rehabilitation benefits in services and in kind that requires.

Article 25.-Is granted to ill or injured, worker as a monetary benefit, a daily to weekly rest days excluding subsidy during the period of his disability. This allowance is equivalent to a percentage of their average daily wage, according to the following standards: disease or accident, occupational disease or origin common accident of work a) If you are hospitalized 50% 70% b) If 60% is not hospitalized 80% article 26.-If the disease is acquired or the injury occurs to run worker a heroic deed saving human lives , in defense of his work or other fundamental goods of society Centre or fulfilling internationalist missions, the amount of the subsidy rises by adding 20% the percentages corresponding to their average wage, within the limits of article 9, and in accordance with the procedure determined by the rules of law apply.

Article 27.-The amount of subsidy due to illness or accident is determined on the average wage resulting from the wages earned by the employee in six months immediate before the date of the temporary disability.

The regulations of the law determines how to get the average salary where, for justified reasons, not possible to compute the wages of all the period in immediate six months prior to the date of disability.

Article 28.-Minimum of subsidy is weighing fifty cents per working day, provided that the worker has received as average wage daily not less than a sixty-five cents.

Article 29.-the minimum amount of the subsidy granted to workers who, by work in non-permanent or cyclical activities, or have special working regimens, credited one daily average wage less than weight and sixty-five cents, is equivalent to 80% of the salary.

 

SECTION third payment of the subsidy article 30.-the common accident or illness allowance is paid to the worker from the fourth working day of temporary disability. If the worker is hospitalized before the fourth day is paid from the time of his hospitalization. In the case of accident at work or occupational disease the subsidy is paid from the first day of incapacity to work.

Article 31.-the subsidy is paid during the period of temporary disability for work and until that occurs the medical discharge or be granted pension by total or partial invalidity: to) when the worker works with fixed character;
(b) when the worker works under contract by time or by work and illness or accident it has its origin in the work.
If the worker works under contract by time or by work and the origin of the disease or accident is common, the subsidy is paid during the period of the contract.

Article 32.-The payment of the subsidy in the illness or injury of long duration or recovery requires that, at least every twenty-six weeks, are carried out by committees of expert medical tests that determine if the disease has stabilized or if he has recovered from his injuries and, in both cases, if the reinstatement of the worker is likely to work.

 

Chapter V invalidity TOTAL or partial section first disability TOTAL article 33.-comes the pension for total disability when the worker presents a decrease of his physical or mental capacity, or both, preventing him to continue working. Also is this pension when the worker has a residual working capacity so dramatically reduced, which renders unable them to perform regular employment and sustain itself economically.

Article 34.-Get the pension for total disability caused by accident at work, occupational disease or heroic acts, only requires being in active service at the time of getting sick or personal injury.

If disease or accident is common source is required, in addition, having provided the minimum length of service which, according to the age that the worker, has established the following scale: up to 23 years of age only link between labour 24-25 years of age 1 year of service 26-27 article 35.-However, when the worker who work with fixed character and meets the requirement of length of service referred to in the preceding article disengage from the work, entitled to a pension for total disability, provided that it originates within sixty days of the decoupling and this has not occurred as a result of a penalty.

 

SECTION second benefits for invalidity TOTAL article 36.-in cases of total disability of common origin is granted, the performance in services and species that were needed, as well as the pension that proceeds according to the following rules: to) if it proves that 25 years is 50% of the annual average wage;
(b) if the worker proves that minimum length of service and this does not exceed 15 years, is 40% of the annual average wage;
(c) for each year of service exceeding those listed in the preceding subparagraphs provision increases by 1% of the annual average wage;

ch) the worker less than 45 years of age, that not accredited 25 years of work, but it meets the minimum time of services provided, estimated pension taking into account the number of years resulting Add to the effectively working people missing for 45 years of age, to get a maximum of 50% of the annual average salary.
Article 37.-in cases of total disability caused by an accident at work or occupational disease is granted, in addition to services and in-kind benefits that were needed, which proceed according to the following rules: a) if the worker proves up to 25 years of services apply 50% of the annual average wage;
(b) for each year of services rendered exceed 25 delivery is increased in 1% of the annual average salary;
(c) for each year of service rendered after having fulfilled the requirements required to obtain the regular pension age increases the provision in the percentages referred to in article 71.
Pension resulting from applying the preceding subparagraphs is increased by 10% of its amount.

Article 38.-The worker who, as a result of an accident at work or occupational disease, present a disability that requires the constant help of another person, receives a further increase of 20% on the amount of the pension.

Article 39.-The Central of workers of Cuba can propose and the Council of Ministers approve, in special situations, the application of increases referred to in article 74 workers from merit exceptional, in cases of total disability for work.

Article 40.-it claims of it pension by invalidity total is determines on the wage average annual that is of them older wages accrued by the worker during five years natural, selected between them last ten years, equally natural, previous to it application of the provision.

The average salary of workers who meet the requirements of the total disability and have worked less than five years is determined according to the time worked.

Article 41.-when the salary average annual exceed of three thousand pesos, the calculation of the pension by disability total is makes on the amount that is of take to three thousand pesos in a 100% and the excess of that amount in a 50%.

Cannot be set article 42.-A pensioner by partial invalidity who obtains the right to a pension for total disability, the amount of the new benefit on an average salary of less than one that served to make the calculation of the above provision.

Article 43.-the minimum amount of the pension for total disability is: a) sixty dollars a month, if it is credited to have paid 25 or more years of service, or if invalidity is caused by an accident at work or occupational disease, whenever any in any of the cases annual average salary is not less than eight hundred pesos;
(b) forty pesos a month, if the worker is not included in the cases listed in the previous paragraph, but meets the requirements to obtain the pension for total disability and credited one annual average salary not less than five hundred forty pesos.
Article 44.-The minimum amount of pension for total disability that are granted to workers who work in non-permanent or cyclical activities, or for having special working regimens, prove a salary less than five hundred forty pesos annually, is equivalent to 80% of his average annual salary.

 

SECTION third disability partial article 45.-applicable pension partial when the worker presents a decrease of their physical or mental, or both, capacity that renders unable them to continue in his work but allows you to work in other minor disability wage and, exceptionally, remain in the same job with a reduced day.

Article 46.-partial invalidity protection is offered to the employee in the following cases: a) if it is relocated in a job that has fixed a salary lower than he perceived in his previous post;
b) if boils in his own working hours and, consequently, reduces their salary;
c) If you need to submit to intensive rehabilitation treatment or long-term;

ch) If you need to receive courses of qualification or requalification;

d) if it is pending relocation for reasons not attributable to him.
Article 47.-to obtain the pension for partial invalidity caused by the industrial accident, occupational disease or heroic deeds in the cases referred to in subparagraphs a) and b) of the preceding article, it is only required to be in active service at the time of getting sick or personal injury.

If disease or accident is common source is required, in addition, having provided the minimum length of service which, according to the age that the worker, has established the following scale: up to 23 years of age only link between labour 24-25 years of age 1 year of services of 26-27 years of age 2 years of service of 28 or more years of age 3 services article 48-year worker with partial invalidity that you are not working because they were subjected to intensive rehabilitation treatment or long term or by receiving courses of qualification or requalification, also is entitled to a pension during the time requiring such treatment or courses, whenever it is in active service at the time of getting sick or personal injury.

Article 49.-Worker with partial disability who cease work for reasons not attributable to him and may not be relocated immediately, is entitled to a pension that is initially granted for a period of one year from its labour severance, whenever it is in active service at the time of getting sick or personal injury.

Article 50.-If the workers covered by the two preceding articles remain without job placement after finishing the rehabilitation treatment or courses of qualification or re-qualification, or after decursado the end of a year which was granted pension for partial invalidity upon cessation of work, stays les pension (, adjusted in the amount as provided in subparagraphs ch) and (d)) of article 55, until obtaining a new job location, provided that they meet the requirement of minimum length of service is set to obtain the right to the pension for total disability of common origin.

Article 51.-The State guarantees that the workers who have suffered a decrease in their ability to work have priority access to jobs that are commensurate with their physical and mental abilities.

 

SECTION fourth benefits for invalidity partial article 52.-in the case of partial invalidity is granted, in addition to services and in-kind benefits that were needed, a pension in accordance with the rules established in this section.

Article 53.-The amount of the pension for partial invalidity to be granted to the worker who happens to occupy for the lower wage job, or reduce you your work schedule, is that result from applying to the difference between the previous and the new salary percentages contained in the following scale, based on the origin of the reduction of working capacity and the number of years of service as worker wage until the moment of illness or accident which determined such decrease occur: Services common origin occupational time up to 9 years 30% 40% over 9 years and up to 14 years 40 percent 50 percent more than 14 years 50 percent 60 by cent article 54.-when the worker accredits more than 25 years of service increases the percentage that corresponds in the 1 percent for each year exceeding 25.

Article 55.-partial disability pension is granted to the worker: at) by an amount equivalent to 70 percent of their previous salary in cases covered in article 48;
(b) by an amount equivalent to 50 per cent of their previous salary in cases covered by article 49, when the origin of the disability is common;
(c) by an amount equivalent to 70 percent of their previous salary, in the cases covered by article 49, when the origin of the disability is professional;
ch) by an amount equivalent to 25 per cent of their previous salary, in the cases covered in article 50, when the origin of the disability is common;
(d) by an equivalent amount to 35 percent of their previous salary, in the cases covered in article 50, when the origin of the disability is professional.
Article 56-the effects of the preceding articles the worker's salary is determined, according to the various forms of payment, in the following manner: to) if the payment is for time, the previous wage is one that was perceived monthly over the plus derivative of a historical salary, when I've had it; and the wage of the new place of work is that legally established for the same;
(b) if the payment is by performance, the previous wage is the result of adding the wages earned in the last six months and divide that amount among the days worked during this period; and the salary of the new job which corresponds by the implementation of 100 per cent of the standard.
Article 57.-to total disability pensioner that being re-examined this ability to work and be reincorporated into the labor activity, cannot be set you a new pension amount on an average salary of less than one that served to make the calculation of the above provision.


Article 58.-Worker who, at the time of be declared available, enjoyed a pension for partial invalidity, maintains the collection, together with the compensation that may correspond, for the term remaining in available status.

If the expiration of this term is not relocated, the worker is entitled to receive the pension referred to in article 50, if you meet the requirements for these cases.

 

SECTION fifth provisions common to them sections previous article 59.-If the invalidity is originates to the run the worker an act heroic saving lives human in defense of his center of work or of others goods fundamental of it society, or fulfilling missions international, it claims of it pension is raises adding a 20% to them percentages that corresponds apply on its wage average within the limits of article 9, and in accordance with the procedure determined by the rules of law.

Article 60.-the disability total or partial is determined by the commissions of expertise medical that work in them centers care of health public.

Article 61.-The Administration is obliged to promote the pension record for total or partial disability of the worker who will decide this by expert medical Commission and does not request it.

Article 62.-for the sole purpose of completing the minimum length of service required as a requirement to obtain the pension for total or partial disability, those dedicated to studies by graduates at this level, provided that it does not exceed the time set for each specialty are computed.

Article 63.-Units that serve the welfare of the local organs of Popular power and the State Committee for labour and Social Security, has the power to dispose, ex officio or at the request of the beneficiary or the Administration, re-examinations medical retirees disability totally or partially to meet variations in its ability to work except those who are included in the pension age.

The State Committee for labour and Social Security, in coordination with the Ministry of public health and the workers Central of Cuba, shall establish rules and procedures governing such re-examinations.

Article 64.-Pensioner total disability which recovers ability to work acquires the right to the pension disability partial, if the salary of the job that happens to occupy less than received at the time of obtaining pension for total disability.

 

Chapter VI PENSION by age section first requirements article 65.-all worker is entitled to a pension by reason of their age and years of service.

Article 66.-The pension age is classified into ordinary and extraordinary, in accordance with the requirements established for granting.

Article 67.-for the purposes of setting the age to obtain the right to the ordinary pension papers are classified, in accordance with the nature of their respective conditions, as follows: category i. studies carried out in normal conditions;

Category II. Work in conditions that the expenditure of energy, physical, mental, or both, is of such a nature which originates a reduction of work time, wear occurs in the body not consistent with corresponding to their age.

The State Committee for labour and Social Security is empowered to establish or vary the relationship of works included in the category in the category II, with the participation of the trade union organization and the advice of the Ministry of public health.

Article 68.-is required to obtain the ordinary pension: for workers in category I: to) have men 60 years and older and women 55 or over years of age;

(b) be paid not less than 25 years of service.
For workers in category II: a) having men 55 years and older and women 50 or more years of age;
(b) have paid not less than 25 years of service;
(c) have worked in jobs within this category at least 12 immediate years prior to the request or, failing that, 75 per cent of the length of service required for the granting of this type of pension.
Article 69.-is required to obtain the extraordinary pension: to) have men 65 years and older and women 60 or more years of age;

(b) be paid not less than 15 years of service.
 

SECOND performance by age and services section provided article 70.-the amount of the ordinary pension is determined in accordance with the following rules: a) for the first 25 years of service, applies 50 per cent on the annual average wage;
(b) for each year of service exceeding 25 rendered before they reach the age required to obtain a pension by age, the percentage is increased by 1 percent to apply the average annual wage for workers in category I;
(c) for each year of service exceeding 25 percentage increases by 1.5 percent to apply the average annual wage for workers in category II.
Article 71.-Workers in the category I eligible to obtain the ordinary pension, which do not exercise it and continue to work, in order to continuously provide its contribution and experience to the development of the country, receive, recognition of that attitude, a special increase for each year of service rendered after him in that reach the relevant requirements of age and years of service , in accordance with the following scale: - in the first year, 1.5% of annual average wage – in the second year, 1.5% of annual average wage – in the third year, 3 per cent of the annual average salary - in the fourth year, 3 per cent of the salary average annual - in the fifth year, 4 per cent of the annual average salary increases men and 60 apply until the age of 65 the women. From those ages who continue working receive an increase of 1 per cent per annum.

Article 72.-in order to apply special increases provided for in the preceding article are not Computable times referred to in the subsection to) article 20 when the downtime has occurred after reached the right to the pension by age.

ARTICLE 73.. The extraordinary pension amount is determined according to the following rules: a) for the first 15 years of services, applies the 40 per cent on the annual average wage;
(b) for each year of service exceeding 15, the percentage increases by 1 percent to apply the average annual salary.
Article 74.-Is granted an increase in the pension to workers who meet the requirements to obtain the pension age and have reached exceptional merit throughout their working lives, are proposed by the workers Central of Cuba and approved by the Council of Ministers.

The increase is from 10 percent to 25 percent to be added to the percentage which corresponds to apply on the average wage of the worker, within the limits of article 9, as determined by the Council of Ministers.

The increase is from 10 percent to 25 percent to be added to the percentage which corresponds to apply on the average wage of the worker, within the limits of article 9, as determined by the Council of Ministers.

Article 75.-The amount of the pension age is determined on annual average salary arising out of the higher wages earned by the employee for five years natural, selected from the last ten years, equally natural, prior to the application of the provision.

Article 76.-When the annual average salary exceeds three thousand dollars, the calculation of the pension age is made on the amount that results from taking up to three thousand dollars in excess of that amount by 50 percent and 100 percent.

Cannot be set article 77.-A pensioner by partial invalidity who obtains the right to a pension age, the amount of the new benefit on an average salary of less than one that served to make the calculation of the above provision.

Article 78.-the minimum amount of pension age is: a) sixty dollars a month, if it is credited to have paid 25 or more years of service and one annual average salary no less than eight hundred pesos;
(b) forty pesos a month, if it is not included in the foregoing paragraph, but meets the requirements to obtain the pension age and credited one annual average salary not less than five hundred forty pesos.
Article 79.-The minimum amount of the pension by age given to workers who, by work activities not permanent or cyclical, by having special working regimens, credited a salary less than five hundred forty pesos annually, is equivalent to 80 percent of their average annual salary.

 

THIRD section provisions common to the sections previous article 80.-the pension age may be requested at any time by the worker who disengage work subsequent to the entry into force of this law, always that the requirements for obtaining reached them being in active service.

Article 81.-The Administration is empowered, attending to the decrease of the capacity or performance of the worker, to promote retirement records by age category I workers who have attained 65 or 60 years or more, respectively, and the grade II who have attained 60 or 55 years or older, respectively.


In all cases the previous analysis with the trade union organization is necessary and that the worker has met the other requirements for the granting of pension age.

 

SECTION fourth work the RETIREES by age article 82.-the retired age can return to paid work, unless in any case the sum the new salary and the allowance granted may exceed the amount of the salary they earned at the time of obtaining pension.

The regulations of the law establishes the procedure to be used in the handling of these cases.

Article 83.-Age retirees returned to work, when they finally stop, are entitled to obtain an increase in his pension amount equivalent to 1 percent of the new annual average salary, for each year worked after his reinstatement.

Article 84.-Retirees to under previous laws that have been in the job or have returned to it, are suspended or not the provision of social security, have the right, when they definitively cease at work, to opt for the increase in regulated in the previous article, or to promote a new pension for total disability or age in accordance with the provisions of this law.

The regulation sets the requirements and conditions to is will adjust the granting of this right.

 

Chapter VII PENSION by cause of death section first cause and family with right to PENSION article 85.-the death of the worker, or the presumption of death by disappearance, originates to his family the right to a pension in the following cases: to) if in active service;
(b) if it finds pensioner by age or by disability total or partial;
(c) when, without data in active service for one period not greater than six months prior to his death or disappearance, has worked not less than 75 per cent of his life from the age of 17;
ch) If you are covered by the provisions of section 80 of this Act.
Article 86-relatives are entitled to pension by cause of death: to) the widow of formalized marriage that will participate in the economic unit of the family of the deceased or depended on it, provided that the marriage had not less than one year of constituted, or any time if there are children or the death of the deceased originated by common accident or work;
(b) the widow of judicially-recognized marriage that will participate in the economic unit of the family of the deceased or depended on it, provided that the marriage had not less than one year of constituted, or any time if there are children or the death of the deceased originated by common accident or work;
(c) the widower's marriage formalized or recognized legally, 60 or more years of age, or unable to work, which, in both cases, lack of means of subsistence and incorporated the family of the deceased worker, depending on economically it until his death, provided that the marriage had not less than one year of constituted , or any time if there are children or the death of the deceased originated by common accident or work;
ch) children, including the foster, of one or other sex, children under 17 years of age and unmarried; and that the older singles, who are unable to work at the time of the death of the deceased or when arriving at the age of 17 and depended economically on the deceased.
Adopted children are entitled to pension by cause of death the deceased may have no more than 55 years of age at the time of the adoption and his death occurs after at least a year since the adoption, or at any time if it originates by common accident or work;
(d) the mother and the father, including the adoptive, provided that they have no means of subsistence and depend economically on the deceased.
Article 87.-If the widow is a regular worker entitled to simultaneous payment of the pension that corresponds with the salary that perceived in the performance of their jobs.

Article 88.-If the widow is under 40 years of age and does not have the status of worker routine, being suitable for the work and without children who attend or parents requiring permanent care to the not be able to fend for themselves, it is entitled to pension until the end of two years during which must manage their work pairing.

 

SECOND the PENSION section PROVISIONAL and your payment article 89.-the provisional pension is immediate economic protection given to the family of a worker who died in active service or pensioned disability or age, and is paid to the alleged beneficiary for their coexistence and to participate in the family economy only or depend on it.

Article 90-The alleged beneficiary to whom the interim pension is paid is obliged to distribute this amount among the other beneficiaries, listed or not in the family of the deceased.

Article 91.-the term and the amount of the temporary pension is: to) if death of a worker in active, 100 per cent of salary for the first thirty days from the date of his death and 50 per cent of the wage for the next sixty days;
b) if death of a subsidized worker, an equivalent amount to which had been receiving as a subsidy, for a period of ninety days from the date of his death;
(c) if death of a pensioner by disability or age, an amount equal to the benefit which came to sense, for a period of three months as from the month following the death.
Article 92.-Not applicable provisional pension collection once decursados terms that, for each case, sets the previous item.

 

THIRD the PENSION section final and your payment article 93.-the final pension is the economic protection, with stable character, given to relatives who are entitled to it, while not the circumstances of modification, suspension, or termination that this law establishes.

Article 94.-payment of the final pension begins once you complete the term of provisional pension or the date of filing of the application if this occurs decursado the term, and the amount is distributed equally among the relatives who attend it, with the exception of the provisions of subparagraph (b)) of article 99.

Article 95-The amount of the pension by cause of death is determined by applying to pension that age and disability corresponded or would have corresponded to the deceased, the percentages, based on the number of concurrent relatives, appear in the following scales: scales I level II basic and 60 pesos Pension basic Pension more than 60 weight percentage number to the percentage to beneficiaries beneficiaries beneficiaries 1 80 per cent 70 per cent 2 90 per cent                                                                85% 3 or more 100 percent 100 percent the amounts of pensions resulting from the application of the scale II can not be less than that correspond to equal number of beneficiaries by application of the scale I basic pension of sixty pesos.

Article 96.-The Central of workers of Cuba can propose and the Council of Ministers approve, in special situations, the application of increases referred to in article 74 in the case of death of workers with exceptional merits.

Article 97.-for the purposes of article 95 is considered basic pension: to) if the deceased was a pensioner for total disability or age, which had been enjoying at the time of death;
b) if the deceased did not have the pensioned condition, resulting from applying the rules which fix the amount of the pension age, provided that it had fulfilled the requirements established for the same or, failing that, resulting from applying the rules of the pension for total disability, without requiring the minimum of services provided time.
In all cases and takes into account increases which may correspond to the deceased, in accordance with the stated law;
pension for partial invalidity resulting from applying rule contained in the previous paragraph, noting the provisions of articles 42 and 77 c) if the deceased enjoyed.

(Article 98.-as is reduce the number of beneficiaries by any of them causes of modification, suspension or extinction that sets this law, is proceeds to the adjustment of the amount total of the pension by cause of death and to its redistribution by parts equal between them beneficiaries, with exception of it willing in the subsection b) of the article 100.

Article 99.-when the granting of definitive pension beneficiaries include the widow and this has the usual worker status, the right to the enjoyment of your benefit is subject to the following rules: a) If distributed equally among the beneficiaries corresponds to it an amount inferior to 25 per cent of the total of the pension you are granted the amount resulting from that operation;

b) If this distribution corresponds an equivalent amount to 25 per cent of the total pension or one higher percentage depending on the amount of concurrent beneficiaries, is granted 25 percent of that total.
The difference that may result from the application of the 25 per cent referred to in subparagraph (b)), does not determine accretion in favour of the other beneficiaries.

Article 100.-when she is the redistribution of a pension due to reduction in the number of beneficiaries is the widow woman, among these the right to the enjoyment of your benefit is subject to the following rules: a) if in the initial distribution corresponded him less than 25 percent, his part will be raising to extinguish the right of other beneficiaries up to 25 percent of the total amount of the pension initially granted;
(b) if in the initial distribution corresponded him an account equivalent to 25 per cent of the total of the pension, it maintains this amount, that is the change that occurs in relation to the other beneficiaries.
The difference that may result from the application of subparagraph (b)), to the widow keeping 25 percent, does not determine accretion in favour of the other beneficiaries.

Article 101.-when the widow definitively ceases in his work for cause, remains without effect the adjustment provisions of the two preceding articles and entitled to the provision in the amount resulting from distribute equally the total amount of the pension, in accordance with the number of beneficiaries competing at the time of his employment severance.

Article 102.-The amount of the pension by cause of death, receiving the hard-working widow joins the annual average wage she earned, for the purposes of the calculation of the pension which, by disability or age, can apply to you.

 

FOURTH section available common to the sections previous article 103.-Las agencies that serve the social security in the local organs of Popular power and the State Committee for labour and Social Security, have the power to dispose, ex officio or at the request of the beneficiary, medical re-examinations of pensioners unable to meet variations in their ability to work , except those who are included in the ages of 60 for men and 55 women.

The State Committee for labour and Social Security, in coordination with the Ministry of public health and the workers Central of Cuba, shall establish rules and procedures governing such re-examinations.

 

Chapter VIII causes of modification, SUSPENSION and extinction section first causes of modification article 104.-the social security benefits are modified: to) where errors or omissions in the calculation of benefits or data that were taken into account for the granting thereof;
(b) in the case of workers who enjoy pension for partial invalidity, when changes occur in your salary;
(c) in the cases of pension for invalidity partially when, once expired the periods established for each case, the worker pending relocation;
ch) in the pension by cause of death, by increasing or decreasing the relatives entitled to the enjoyment of it;
(d) when the pensionada widow not included in article 88 begins to work;
(e) when the pensionada widow who is working stops at work for cause;
(f) when out discounts to reinstate charges undue or excessive, according to the scale provided by the State Committee for labour and Social Security.
 

SECOND section causes of SUSPENSION article 105.-the social security benefits are suspended: to) if the ill, injured or pensioned disability, do not enter or not go without cause, and the opportunities that are brought to attention, examinations and necessary tests to check its status, or voluntarily slow their healing, not attend to receive appropriate medical treatment or does not comply with optional indications;
(b) when the ill, injured or pensioned disability, subject to physical, psychic or occupational rehabilitation, refuses without just cause to observe medical prescriptions or instructions which have been given you;
(c) if by partial invalidity pensioner loses his employment relationship of their own volition or by indiscipline at work;
ch) if the pensioner disabled not begins to work and not applicable the simultaneity of the pay with the payment of benefit, without prejudice to the payment that must be carried out by the reinstatement of the charged improperly;
d) if the beneficiary is sanctioned to deprivation of liberty for more than thirty days, throughout the period that lasts the sanction;
e) in the case of a choice between two or more benefits;
(f) when not is constitutes the guardianship of which thus it requires within the year following to the recognition of the right and until both are present the document accrediting;
(g) for the widow of not formalized marriage when not accrediting the recognition thereof within the year following the grant of the pension and until such proof is presented.
 

(Section third causes of extinction article 106.-them benefits of security social is extinguished: to) for the sick or injured that receive subsidy, when is produce its high medical or end its contract of work, if this is by time given or by work; or stabilizes their disability, according to the medical expert opinion;
(b) when pensioner total disability begins to work without mediate new expert medical opinion attesting to the recovery of its working ability. In these cases is the reinstatement of the charged unduly by concept of pension;
c) when total disability pensioner recovers its ability to work and begin to work;
ch) when partial disability pensioner recover wages that earned at the time of disabled;
(d) when partial disability pensioner refuses, without just cause, to employment suitable to the physical, mental, qualification and conditions residence that after their rehabilitation or to determine their suitability for a new job;
e) If partial invalidity pensioner leaves unjustifiably courses of qualification or requalification;
f) when the partial invalidity of a pensioner becomes total and recognize their right to a new feature;
(g) to relatives pensioners by cause of death when they join in marriage formalized or not formalized;
(h) to the widow understood in article 88, when not work link in the set period of time or when you begin to work within that period;
(i) to the widow when I leave work without just cause;
(j) for the children of one sex or the other not disabled when they reach the age limit of 17 years;
(k) to the parent when they acquire means of subsistence;
(l) to the widower when purchasing means of subsistence;
m) if it is established that in granting or providing enjoy attended error, simulation, or fraud, without prejudice to the liability of any nature incurred;
(n) to the beneficiary who definitively leave the national territory;
n) if the beneficiary dies, in what this was.

 

Chapter IX procedure for the award of LAS benefits monetary security SOCIAL article 107-the procedure for the granting of social security benefits starts at the request of: to) the worker interested in obtaining the allowance or pension for invalidity or age;
(b) the relatives of the deceased, interested in obtaining pension by cause of death arising from that;
(c) the Administration in the case regulated by article 81 of this Act and in cases of pension disability total and partial;
ch) the Directorate of labour of the power Popular Municipal in the case of workers with partial disability that are placed at its disposal;
(d) the representative of the worker or of the relative of the deceased, when they are prevented from promoting the record by themselves.
Article 108-administrations are obliged to: to) grant and pay allowances for sickness and accident;
(b) processing and submit records of pension for partial invalidity, as well as make your payment, adjustment and control;
(c) form and present the records of pension for total disability, age or cause of death of the employee in active service;
ch) the payment of the interim pension arising out of active service by the worker's death.
Procedures that correspond to the management to form and present pension records referred to in subparagraphs b) and (c)) must be made within a period of forty-five days.

Article 109.-for the purposes of compliance with their obligations in the processing, grant and payment of benefits, the Administration has the authority to practice proceedings, require the submission of documents and interest tests.

Article 110.-corresponds to the Social security of the power Popular Municipal departments: to) examine the files of pension for partial invalidity or total, by age and cause of death of the employee in active, return them if they present deficiencies or raise them to the higher court, where appropriate;
(b) form and present pension records by age of workers removed work referred to in article 80;
((c) form and present pension records by cause of death of pensioners by total disability or age and worker covered by subparagraphs c) and h) Article 85;

(ch) process them Inns by invalidity partial of those workers that is find to disposal of the address of work of the power Popular Municipal pending of relocate or receiving courses of qualification or requalification and treatments of rehabilitation;
(d) issue orders payment of pensions disability partial in cases of workers earrings to relocate;
(((e) issuing them orders of payment of the pension provisional, in them cases of death of them pensioners by disability total or by age and of them workers covered in them subparagraphs c) and ch) of the article 85;
(f) processing the application for increases that formulate age retirees returning to work;
Article 111-The Chief of the pensions of the Management Department of Social security of the State Committee for labour and Social Security meets in the first instance the granting or refusal of the provision requested in the pension records.

Dictated resolution may appeal to the Director of Social Security from the body within a period of 30 working days following the date of notification.

Article 112-The Chief of the handling of incidents of the Management Department Security Social of the State Committee for labour and Social Security meets in first instance on the modification, suspension, restitution or extinction of granted pensions, when if any legal cause that so determined.

Dictated resolution may appeal to the Director of Social Security from the body within a period of 30 working days following the date of notification.

Article 113-The Director of Social Security from the State Committee for labour and Social Security meets in the second instance on the presented resources, dictating resolution in term of ninety days following the date that the claim is received.

Article 114-Judgments in any instance are executed immediately, without prejudice to the right of interested parties to the corresponding remedy.

Article 115.-Decisions of the Director of Social Security from the State Committee for labour and Social Security cause State and against them concerned may initiate the corresponding judicial proceedings within a period of 30 working days following the date of notification.

Of initiating judicial proceedings leaving course that term and recognized that it is the right, the payment will be made from the date of the lawsuit.

Article 116-As soon as firm judgment in the procedure of social security, the record will be returned to the Directorate of Social Security to run the relevant.

 

Title III regime of assistance SOCIAL chapter I object and people protected article 117.-the protection of social assistance is offered to state of necessity of the household to which belongs the person covered by the provisions of the present regime, in the absence of relatives forced to give food or when these are not n able to provide aid.

However, if they are of pressing family need, services, in kind or any monetary benefits, may be issued even if all of the conditions referred to in the preceding paragraph are not present.

Article 118.-Means of necessity of family lack of income or the existence of them in amounts lower than those established in the scales for continuous monetary social assistance benefits.

Article 119-are protected by social welfare: to) the elderly requiring special attention;
(b) unfit persons to work or, for reasons of force majeure, be prevented from joining the work;
(c) single mothers with economic difficulties for the attention and care of their offspring;
ch) working mothers in the period you enjoy leave unpaid care and care of sick children and by such a situation lacking income;
(d) the relatives of the worker or pensioner who died are not included in the right to pension by cause of death than the law and they were to their shelter and protection;
e) retirees with benefits that are inadequate, according to the number of relatives who depend directly on them;
(f) widows are on pensions which are extinct pensions perceived temporarily;
(g) workers subsidized by illness or accident requiring a more economic to be subject to long-lasting treatments and be insufficient protection of their income;
(h) workers who arrive in the regular pension age or are invalidated and do not comply with the requirement of minimum time of services required for the provision of social security;
(i) the relatives of young people incorporated to the General military service that constitute the sole or part of the family breadwinner;
(j) children under pensioners by social security to arrive at 17 years of age are studying;
(k) other persons who, without being included in the preceding subparagraphs, require urgent attention from social assistance.
 

Chapter II benefits article 120.-the benefits of social assistance, in accordance with their nature, may be in services, in-kind and monetary.

Article 121-performance services: to) admission to elderly homes, offered to those elderly people who have no relatives who can be given attention;
(b) services of assistants social for pensioners by disability or age and elderly that it may require;
(c) admission of children in homes of physical handicapped and mental;
ch) accommodation and care in hostels in transit in doctor visits or hospitalization of relatives outside the town of residence of the person concerned;
(d) cultural and recreational assistance to the elderly and pensioners because of disability or age;
e) income of children in nurseries and centres with regimes of internship or seminternado of the national education system, where there are social problems that require urgent attention and in accordance with the capacities which are intended for this purpose;
(f) assistance that, on some aspects of health and family education or others, social workers provide to families who need it;
(g) other services run by State agencies specialized in the field of health and rehabilitation, housing, education and care to old age and the physically and mentally disabled children.
Article 122. Benefits in kind are those items whose delivery gratuitously in property or loan is determined by the corresponding organs of social assistance, in order to meet needs of a beneficiary or a family.

Article 123. Sickness benefits are amounts granted are in casual or continuous form to persons or families protected by the provisions of this title.

Article 124-Character eventually has the monetary benefit which is granted by a contingency for essential expenses that, by their nature, require urgent attention.

Article 125-Has the character of continuous monetary provision given repeatedly until is resolved the situation of necessity raised, which is reviewed periodically to check if they have been variations that determine a modification of the provision or its extinction.

Article 126.-The benefits referred to in the preceding articles are not exclusive, so it can be accessed simultaneously depending on the specific situation of the person or family requesting them.

 

Chapter III benefits monetary article 127.-the eventual benefits can be granted up to a limit of fifty pesos, to be repeated always which in total do not exceed the sum of one hundred pesos within the period of twelve months.

When the eventual provision is intended to purchase items or essential goods, it may be granted in an amount greater than one hundred pesos only once.

Article 128-Continuous benefits are granted to persons or households to that referred to in the various subparagraphs of article 119, according to the number of people who constitute the family, in accordance with the scales that for these cases the State Committee for labour and Social Security and are approved by the Council of Ministers.

Article 129-The total amount that is perceived by the concept of continuous delivery of social assistance and other income may not exceed to the amounts specified in the scales referred to in the preceding article.

Article 130-The amount of the value of the diet that requires a member of the family is in addition to the amount of the monetary benefit which is applied in accordance with the established scales.

Article 131.-in order to fix the amounts within the limits established for monetary benefits the structure of the family should be assessed, as well as the State of necessity.

 

Chapter IV provisions common to the chapters previous article 132.-the benefits in the social care services can be offered free of charge or its total or partial payment depending on the level of income of the person or family benefit.


Article 133.-for the purposes of the previous article, the Popular power departments responsible for social assistance will check the amount of the income of the beneficiary and of their relatives and, because of their ancestry, they may request the payment of a benefit granted, anyone who is its character and nature, except in the case of free services.

Article 134-Granting the benefits of social welfare which is regulated in this law corresponds to the local bodies of the power Popular, which will act in accordance with the procedure provided for in the regulation of this law.

 

Chapter V modification and extinction of the benefits article 135.-Las monetary social assistance benefits are modified, adjusting the amount: to) if monetary income of protected persons diminished;
b) if the monetary income of the household protected are increased without exceeding the amount set in the scale of monetary benefits in accordance with the number of people that make up the nucleus;
(c) when, for whatever reason, one or more casualties occur in the family.
Article 136-the social assistance benefits are extinguished: a) if it is established that in the concession or enjoy monetary benefits attended error that gave rise to an undue benefit;
b) if the monetary income of the protected family arrive at the amount fixed by the scale of monetary benefits or surpass it;
c) when it has been carried out by the bodies concerned the offer of work or other solutions to the situation that confronts the person or immediate family protected, and is not accepted without just cause;
ch) where some of the people forced to give food is able to fully assume the monetary provision which grants social assistance;
(d) when for any other reason disappear the circumstances which originated the provision.
 

Special provisions first: Widows who are are on pensions at the time of coming into force the law shall have the right, if they join the regular work, to obtain the percentage that corresponds to them in accordance with article 99.

Second: Military which on the date of its licensing of the active military service do not meet the requirements as to the provision laying down the law on Social security of the revolutionary armed forces, for the granting of benefits be eligible to the benefits of this law, provided that they prove the time required for the corresponding pension services and age.

Third: The military retirees Act security Social of the revolutionary armed forces passing to work as civilians, are entitled to a pension by age or total disability, when they meet the requirements of age and years of services established by this law to obtain such benefits. The amount of this new benefit cannot be secured on an average salary of less than one that served to carry out the calculation of retirement by the law on Social security of the revolutionary armed forces.

Fourth: The direction of Social security of the State Committee for labour and Social Security is empowered to resolve the cases of modification, suspension and termination of benefits, in records determined prior to the entry into force of this law, by means of the procedure laid down in chapter IX of title II.

Fifth: It empowers the President of the State Committee for labour and Social Security to grant, exceptionally, social security benefits without subject to requirements that are established in this law.

 

SOLE additional provision: Declares valid the regime of social security established by No.1165 law, on September 23, 1964, to the academics or not College and other persons it protected, who will keep their right in accordance with the conditions that set the additional provisions third and fourth added by article 2 to the law N0. 1100, of 27 March 1963, of Social Security.

In the total disability, to obtain the right to the corresponding pension, only be required to be up to date in the payment of contributions.

Pensions caused by death of the insured in this regime, as well as the causes of modification, suspension and extinction of benefits granted under its protection, shall be governed by the provisions of this law.

 

TRANSITIONAL provisions first: Benefits granted under the protection of laws and provisions are subject to causes of modification, suspension and extinction established by this law, provided that these causes may arise subsequent to its entry into force.

Second: Workers who at the time of putting into effect this law qualify for pension age or meet them within the first year of its entry into force, shall be entitled to that when they request, be granted in the amount which is more favorable, according to the rules of the law No. 1100, of 27 March 1963, and those contained in the present law for that type of pension.

Third: the payment of benefits and of few benefits economic is derived of claims that are formulated or is formulated with arrangement to laws earlier, will be effected from the date in that the beneficiary try the right to its perception.

Fourth: The beneficiaries having to the entry into force of this Act granted the right to one or more pension, will continue perceiving them in their current net amounts, except that if any cause of modification, unless in any case the amount or amount of such benefits does not exceed four hundred dollars a month.

Are excepted of this maximum in them benefits the members of the army Libertador of Cuba and their widows and children with right to pension.

Fifth: Records of pensions that are based on the direction of Social security or filed with the corresponding levels of the local organs of Popular power, will be resolved in accordance with the legislation it governed before the entry into force of this law. However, if this law is more favourable to the petitioner, they shall apply, ex officio, its provisions.

Sixth: In the case of sick or injured workers that they are gaining subsidy and on the date of the entry into force of this law has been prepared or practiced his medical expertise to the corresponding medical centre, shall not be required the minimum time of services provided to obtain the pension if it determines the total disability for work.

Seventh: The pension requested during the term of this law by deaths that occurred before finding it in force are subject to its provisions, provided that applicants had a right to a pension in accordance with the laws that governed on the date of demise of the causing.

EIGHTH: Monetary benefits currently enjoyed by the beneficiaries of social assistance will be reviewed to the effect of adjusting them to the amounts established for this type of benefits, within a period of six months from the entry into force of this law.

 

PROVISIONS end first: It corresponds to the State Committee for labour and Social Security, with respect to the social welfare scheme regulated in title III, exercise the coordinating function of the activities that are required for your application, as well as carry out inspection and enforcement of the provisions of this law.

Second: The Central Administration of the State agencies and organs of the power Popular that direct activities relating to the benefits that this law set out in the social assistance regime, will include in their projects for the single Plan of socio-economic development and their respective budgets, material and financial resources that allow the granting of these benefits.

Third: The agencies of the Central Administration of the State referred to in the preceding provision are required to regulate appropriate priorities and procedures that allow the granting of benefits in services, which will dictate the provisions and instructions, in coordination with the State Committee for labour and Social Security and the workers Central of Cuba.

Fourth: Is it empowers the Chairman of the State Committee for labour and Social Security to make the resolutions and instructions required for the best application of this law.

The workers Central of Cuba will participate in the elaboration of the above-mentioned legal bodies.

Fifth: The State Committee for labour and Social Security, in the term of three months from publication of this law in the Official Gazette of the Republic, shall submit for consideration by the Council of Ministers, for its approval, the regulation thereof, which shall be drawn up with the participation of the workers Central of Cuba and organs provincials of the power Popular.

Sixth: The Ministry of public health shall enact, in the term of three months from publication of this law in the Official Gazette of the Republic, the provisions necessary to regulate the services and benefits that correspond to that body, with the participation of the workers Central of Cuba.

Seventh: It empowers the Council of Ministers so that, on a proposal from the State Committee for labour and Social Security jointly with the workers Central of Cuba, it dictate the provisions that are required when the nature of some jobs or characteristics of certain situations recommends to establish treatment differentiated within the Social security system.


EIGHTH: The protection of the maternity of the worker will continue to provide by special legislation.

NINTH: Be repealed: a) the law No. 1100 of 27 March 1963, of Social Security;
(b) Law No. 1165 of 23 September 1964, with the exception of articles 2 and 5 referrals to the University or non-university professionals and workers on their own;
(c) article 31 of law No. 8 of August 22, 1977, organization and functioning of the Councils labour;
ch) resolution No. 196, December 23, 1973, of the Minister of labour, repeal of the resolution No. 270 of 1968, with the exception of their second and third, sections will continue to be implemented;
(d) resolutions of the Minister of labour number 4478, of April 22, 1963, which established a table for the calculation of subsidies; 4614, 30 of April, 1963, contentiva table for the evaluation of disability; 1306, on March 24, 1964, which regulated the appreciation of services times tests; and 240, of 17 July 1968, which established the procedure for the payment of the interim pension by cause of death;
(e) resolution No. 121 of April 19, 1978, of the Chairman of the State Committee for labour and Social Security, which ordered the treatment applicable to workers with decreased working capacity and corresponding benefits.
(f) how many other laws and regulatory provisions are opposed to compliance with provisions of this law.
Tenth: This law will begin to run from the first of January 1980.

Published in the Official Gazette of the Republic.

 

Havana, twenty-eight days of the month of August in the year one thousand nine hundred and seventy-nine.

Blas Roca Calderío