Machine Translation of "Social Security Law" (Cuba)

Document: Social Security Law
Type of document: Law
Date of issue: 28/08/1979
Number of Legal Instrument: Act Nº24
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 17/05/2016
Source: Official Gazette 27 of 29 August 1979
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BLAS ROCA CALDERIO , President of the National Assembly of the People's Power of the Republic of Cuba.

I DO KNOW : That in session of the National Assembly of People's Power, held on 4 and 5 July 1979, corresponding to the first regular session, the following was approved:

AS REGARDS : The socialist society, in the constant search for ways to satisfy ever more the growing material and spiritual needs of the people, offers a broad social protection, in which the preservation of the life and health, education and social security, aspects that constitute a responsibility and a primary objective of the State.

AS FOR: Since the triumph of the revolution, important resources and efforts have been made to make this social protection viable, giving social security, in the elapsed time, a new meaning and a greater scope, expressed in the In particular, the Law No. 1100 of 27 March 1963, which, in addition to giving uniformity to the existing benefits regime and extending its scope to new sectors of the working population, added to the same multiple benefits which were subsequently extended by means of supplementary schemes and aid schemes, in a the process that has materialized in Cuban social security, in progressive stages, principles of the new society that is being built.

AS FOR: The experiences acquired and the changes that have been made in the country during the last few years advise, in correspondence with the level of economic development achieved by our socialist State, the expansion and improvement of the system of Social security currently in force, thus reaffirming its progressive projection, while increasing the financial resources devoted to social benefits and determining a more equitable redistribution of the funds allocated to those ends.

AS FOR: The amendments and improvements that this Law introduces respond to the social security and social assistance directives drawn up by the First Party Congress and develop the principles embodied in the Constitution of the Republic in the concerning these institutions.

AS REGARDS : In the agreements adopted by the XIII Workers 'Congress of the Cuban Workers' Central, among which the Resolution on Social Security is found, the stimulus to remain in work was recommended after the requirements have been met. In order to obtain the pension by age, the granting of higher amounts to exceptional merit workers, the fixing of a minimum service time to be entitled to the invalidity pension, the creation of a new retirement with less years of service, the linking of the amounts of the benefits to the times of services provided (a) the increase in sickness and accident benefits, the protection of partial invalidity and the incorporation of the welfare system as an integral part of the Social Security System. These suggestions, together with the General Social Security Bases known by the 14th Labor Congress, served as a basis for this Law.

AS FOR: According to the revolutionary tradition, this Law was submitted in its preliminary phase to the workers ' knowledge and discussion and approved by 99.5 percent of the participants in 46,998 assemblies, all of which reaffirms its essence. In reality, it is a question of the people's will.

BY TANT: The National Assembly of People's Power agrees:

ACT NO. 24

SOCIAL SECURITY

TITLE I

GENERAL

Article 1. The State guarantees adequate protection for the worker, his family and the general population through the Social Security System, which includes a social security system and a social welfare system.
Article 2-The social security scheme provides protection for workers in cases of sickness and accidents of common or professional origin, maternity, invalidity and old age and, in the event of the death of the worker, protects his family.
Article 3.-The social assistance scheme protects the elderly in particular; persons unfit for work; and, in general, all persons whose essential needs are not insured or who, for their living or working conditions, are not insured. health, they need protection and they cannot solve their difficulties without the help of society.

TITLE II

SOCIAL SECURITY SYSTEM

CHAPTER I

PROTECTED PERSONS

ARTICLE 4.-They are protected by social security:

(a) employees in the state, cooperative and private sectors;
(b) employees of the political, mass and association organisations;
c) Cuban workers who, duly authorized, work in diplomatic and consular missions, representations of international organizations and commercial offices accredited in Cuba and in foreign companies located or represented in the country, or provide services to the staff thereof;
(ch) Cuban workers who, in foreign territory, work in Cuban companies or in functions entrusted to them by the Cuban Government;
(d) Cuban workers who are designated or authorized by the Cuban Government to work in international organizations;
(e) military personnel who comply with the mandatory time limits laid down for active military service and pay salaries by means of the wage systems that govern the country's workers, in cases of temporary invalidity;
(f) workers who receive an economic grant for higher level studies or for being eligible for training plans, approved by their respective work centres;
(g) the family of the worker determined in this Law;
(h) the inmates and their families, in cases of total invalidity or death caused by accident at work.

CHAPTER II

BENEFITS

Article 5. Benefits are the benefits to which the worker and his family are entitled and are classified as:

(a) benefits in services;
(b) benefits in kind;
(c) monetary benefits.

Article 6.-They are services in services, which are offered free of charge:

(a) medical and stomatological, preventive and curative, general and specialised hospital care;
(b) physical, mental and occupational rehabilitation.

ARTICLE 7.-They are benefits in kind, which are provided free of charge:

(a) adequate medicines and food while the patient is in the hospital;
(b) the braces and prostheses required in the case of accidents at work and occupational diseases;
(c) medicinal products in the case of occupational accidents and occupational diseases which do not require hospitalization.

Article 8.-They are monetary benefits:

(a) the sickness or accident allowance;
(b) total or partial invalidity pensions;
(c) the age pension;
(ch) the pension arising from the death of the worker, the pensioner or another person protected by the law.

Article 9.-The monetary benefits can reach up to 90% of the average worker's salary.

Article 10. To carry out the calculation of the monetary benefits it is produced to add the wages accrued by the worker in the different periods of work activity that for each case fixes this Law and its result is divided between the amount of working days, months or years of these periods, thus obtaining the average salary on which the corresponding percentages are applied, in order to determine the amount of the benefits.

If, in any of these periods, the worker has received sickness or accident allowance, compensation for being available or the maternity allowance, he is credited as a salary for the benefit of the worked that time.

ARTICLE 11.-For the purposes of this Law, the salary of the worker is understood to be the total of what is actually perceived as the rate, increased if applicable; overlaying the rules; extraordinary work relating to overtime, double shift and enablement as working days of weekly rest days, national commemoration and holidays; plus wages; bonuses; paid rest and additional salary payments.

ARTICLE 12.-Social security rights and actions to demand their recognition are prescriptive.

ARTICLE 13.-The right to the collection of benefits and how many economic benefits are derived from adjustments due to modification or claim arises from the date that for each case is determined in the Regulations of Law.

ARTICLE 14.-Granted the age pension, the total invalidity pension or the final pension for the cause of death and after the issuing and delivery of the document representative of the payment, the right to the fees that are not collected within or period of three months following the month in which the recovery was due.

The right to the payment of the periods of the partial invalidity pension not claimed within one hundred and eighty working days after the date on which the recovery was made is also lost.

ARTICLE 15.-The amounts not charged by a deceased beneficiary are paid to relatives entitled to the pension that the death of that origin, except when the right to their recovery has been lost according to the article previous.

ARTICLE 16-No more than one social security benefit can be received by way of pension. The person who has the right to more than one of them will opt for the one that he sees fit, being able to vary the option at any time.

Except for this provision to which you are entitled to more than one pension, none of them reaches the amount of 60 pesos, in which case you can receive it up to that amount.

CHAPTER III

TIME OF SERVICES

Article 17.-The term "normal working time", according to the sector or activity in question, is understood per year of services, in the period of 12 consecutive months. Services provided in any sector or work activity at all times, whether civil or military, are recognized, but non-simultaneous ones are accumulated.

ARTICLE 18. The time of service can be credited by documentary proof and, in the absence of this, by means of evidence testify or other that to these effects be established.

The Law Regulation regulates the requirements and formalities required for the constitution of documentary evidence and testifies to the effects of their suitability and the rules for their assessment, as well as the time of services which, accredited By means of proof, they are computable for the calculation of the monetary benefits.

Article 19. It is for the State Committee on Social Security and Employment to assess in all cases the evidence presented, in order to admit or reject them on the basis that they are in accordance with the requirements and formalities for each case. establish.

ARTICLE 20.-The following are credited as active service time, in addition to the effectively worked:

(a) the worker's inactivity due to illness or accident of any origin. It is not computable as a service tempo that the total invalidity for the work, by means of medical expertise, elapses after it has been ruled out;
(b) the paid maternity leave;
(c) paid rest;
(ch) military mobilizations;
(d) that used by, workers to study or receive vocational training in the national or foreign territory;
(e) the worker's dedication to elective functions in the organs of the People's Power or in the People's Courts or to trade union and political activities, authorized in accordance with the legislation in force;
(f) recruitment, for young people who have completed their duties within the General Military Service;
(g) the paid licences granted under the current labour law;
(h) the periods of inactivity in which the worker is entitled to a partial invalidity pension to undergo rehabilitation treatment or to receive qualification or re-qualification courses;
(i) the remuneration and non-working of the worker, duly accredited and justified, not attributable to the worker, not covered by the above;
(j) the period in which the worker is taking the salary compensation for having the category of available;
(k) preventive imprisonment, where the accused is not punished;
(l) the non-working for permanent dismissal or permanent or temporary separation, provided that there has been a firm resolution of the competent authority ordering the replacement.

CHAPTER IV

TEMPORARY INVALIDITY

SECTION FIRST

ILLNESS AND ACCIDENT

Article 21.-The temporary invalidity allowance shall be applicable where the worker presents a disease of common or professional origin or suffers a common accident of work which makes him/her temporarily unable to work.

ARTICLE 22.-For the purposes of the protection guaranteed by this Law, the worker suffered by the worker in the following cases is equated to the accident of the work:

(a) during the normal or normal journey to work and return from the journey;
(b) voluntary work promoted by the trade union organisation;
(c) on voluntary work promoted by mass organisations towards production or services;
(ch) saving human lives or defending socialist property and legal order;
(d) carrying out civil defence functions;
(e) during the mobilizations to carry out military training or military services.

Article 23. For the granting of sickness or accident allowance, the worker is required to be in active service at the time of illness or accident, and that it has not occurred for any of these reasons:

(a) self-provocation
(b) on the occasion or occasion of an institutional offence or of seeking his commission;

SECTION 2

SICKNESS AND ACCIDENT BENEFITS

ARTICLE 24-The sick or injured worker receives up to his cure or rehabilitation benefits in services and in kind that he requires.

Article 25. During the period of incapacity, the worker is granted sick or injured, as a monetary benefit, a daily allowance excluding weekly rest days. This allowance is equivalent to a percentage of your daily average salary, according to the following rules:

Sickness or accident of occupational disease or common source accident at work

(a) if you are hospitalized 50% 70%
b) if you are not hospitalized 60% 80%

ARTICLE 26.-If the disease is acquired or the injury occurs when the worker is executed a heroic act saving human lives, in defense of his center of work or other fundamental goods of the society or fulfilling internationalist missions, the amount of the allowance is increased by adding 20% to the percentages corresponding to the average wage, within the limit of Article 9, and in accordance with the procedure laid down in the Law Regulation.

Article 27.-The amount of the sickness or accident allowance is determined on the average salary resulting from the wages accrued by the worker in the immediate six months prior to the date of the temporary invalidity.

The Law Regulation determines how to obtain the average salary when, for justified reasons, it is not possible to compute the wages of the entire period from the immediate six months prior to the date of invalidity.

ARTICLE 28.-The minimum allowance is one weight fifty cents per working day, provided that the worker has received not less than one weight sixty-five cents a day.

ARTICLE 29.-The minimum amount of the subsidy granted to workers who, by working in non-permanent or cyclical activities, or having special work arrangements, credit a daily average salary of less than one weight sixty-five cents, is equivalent to 80% of that salary.

SECTION III

PAYMENT OF THE SUBSIDY

Article 30. The sickness or accident allowance is paid to the worker from the fourth working day of temporary invalidity. If the worker is hospitalized before the fourth day he is paid from the time of his hospitalization. In the case of accidents at work or occupational disease, the allowance is paid from the first day of incapacity to work.

Article 31.-The allowance is paid during the period of temporary invalidity for the work and until the medical discharge is produced or the total or partial invalidity pension is granted:

(a) where the worker is fixed on a fixed basis;
(b) where the worker labors under contract for a given time or for work and the disease or accident has his or her origin at work.

If the worker labors under contract for a given time or for work and the origin of the illness or accident is common, the allowance is paid during the term of the contract.

Article 32. To effect the payment of the benefit in the illness or long-term injury or recovery, it is required that, at least every twenty-six weeks, examinations are carried out by the Medical Peritaje Commissions to determine if the disease has stabilised or has recovered from the injuries sustained and, in both cases, if the worker is likely to return to work.

CHAPTER V

TOTAL OR PARTIAL INVALIDITY

SECTION FIRST

TOTAL INVALIDITY

ARTICLE 33.-The total invalidity pension is payable when the worker presents a reduction in his physical or mental capacity, or both, which prevents him from continuing to work. This pension is also applicable where the worker has a residual capacity of work so notoriously reduced, which prevents him from taking a job and sustaining himself economically.

Article 34. In order to obtain the total invalidity pension caused by accident of work, professional illness or heroic acts, only the moment of illness or accident is required to be in active service.

If the disease or accident is of common origin, it is also necessary to have provided the minimum time of service which, according to the age of the worker, establishes the following scale:

Up to 23 years of age only employment relationship

24-25 years old 1 year of services 26-27

Article 35.-However, where the worker who works on a fixed basis and meets the time requirement of the services provided for in the previous Article is disassociated from the work, he is entitled to the total invalidity pension, provided that the latter is origine within 60 days after the disengagement and the latter has not occurred as a result of a penalty.

SECTION 2

TOTAL INVALIDITY BENEFITS

Article 36. In the case of total invalidity of common origin, the pension, in addition to the benefits in services and in species that are necessary, is granted in accordance with the following rules:

(a) if he credits 25 years for 50% of the annual average salary;
(b) if the worker credits minimum service time and this does not exceed 15 years, it corresponds to 40% of the annual average salary;
(c) for each year of services rendered in excess of those referred to in the preceding points, the benefit shall be increased by 1% of the annual average salary;
(ch) the worker under the age of 45, who does not credit 25 years of work, but who fulfils the minimum time of service provided, is calculated on the basis of the number of years resulting from the addition of those who are actually employed. is missing for 45 years of age, up to a maximum of 50% of the annual average salary.

Article 37. In the case of total invalidity arising from accidents at work or occupational disease, the pension to be provided in accordance with the following rules shall be granted in addition to the benefits in services and in kind that are necessary:

(a) if the worker credits up to 25 years of service, 50% of the annual average salary corresponds to him;
(b) for each year of services rendered exceeding 25, the benefit shall be increased by 1% of the annual average salary;
(c) for each year of services rendered after having fulfilled the requirements which are required to obtain the ordinary pension by age, the benefit shall be increased by the percentages laid down in Article 71.

The pension resulting from the application of the above points is increased by 10% of the amount.

Article 38. The worker who, as a result of an accident at work or occupational disease, presents an invalidity such as to require the constant assistance of another person, receives an additional increase of 20% on the amount of the pension.

ARTICLE 39.-The Central de Trabajadores de Cuba may propose and the Council of Ministers approve, in the face of special situations, the application of the increases provided for in Article 74 to workers of exceptional merits, in cases of invalidity total for the job.

Article 40.-The amount of the total invalidity pension is determined on the average annual salary resulting from the highest wages accrued by the worker for five calendar years, selected from the last ten years, also natural persons, prior to the application for the benefit.

The average wage of those workers who meet the requirements of total invalidity and have worked for less than five years is determined according to the time worked.

Article 41.-When the annual average salary exceeds three thousand pesos, the calculation of the total invalidity pension is made on the amount that will be taken up to three thousand pesos by 100% and the excess of that amount by 50%.

Article 42-In the case of a partial invalidity pension who is entitled to a total invalidity pension, the amount of the new benefit cannot be fixed on an average salary lower than that which was used for the calculation of the Previous benefit.

Article 43.-The minimum amount of the total invalidity pension is:

(a) 60 pesos a month, if it is credited to have provided 25 or more years of service, or if the invalidity is caused by accident of work or occupational disease, provided that in any case the annual average salary is not less of eight hundred pesos;
(b) 40 pesos per month, if the worker is not included in the cases listed in the previous subparagraph, but meets the conditions required to obtain the total invalidity pension and credits an annual average salary of no less than Five hundred and forty pesos.

ARTICLE 44.-The minimum amount of total invalidity pensions granted to workers who, by working in non-permanent or cyclical activities, or by having special work arrangements, credit a salary of less than five hundred annual weights, is equivalent to 80% of your annual average salary.

SECTION III

PARTIAL INVALIDITY

ARTICLE 45.-The partial invalidity pension is applicable where the worker has a reduction in his physical or mental capacity, or both, which prevents him from continuing in his work but allows him to work in another of lower wages and, exceptionally, to stay in the same job with a reduced day.
Article 46.-Partial invalidity protection is offered to the worker in the following cases:

(a) if it is relocated to a post which has a lower salary than that which it received in its previous post;
(b) if the work schedule is reduced in his/her own position and consequently decreases his/her salary;
(c) if it is required to undergo intensive or long-term rehabilitation;
(ch) if it requires receiving qualification or re-qualification courses;
(d) if it is pending relocation for reasons not attributable to it.

Article 47.-In order to obtain the partial invalidity pension caused by accident at work, occupational disease or heroic acts in the cases referred to in points (a) and (b) of the previous article, only the active service is required. the time of illness or accident.

If the disease or accident is of common origin, it is also necessary to have provided the minimum time of service which, according to the age of the worker, establishes the following scale:

Up to 23 years of age only employment relationship

24-25 years of age 1 year of services

26-27 years of age 2 years of service

of 28 or more years of age 3 years of service

Article 48.-The worker with partial invalidity, who is not working to be subjected to intensive or long-term rehabilitation or for being receiving qualification or retraining courses, is also entitled to a pension for as long as these treatments or courses are required, provided that you are in active service at the time of illness or accident.
ARTICLE 49.-The worker with partial invalidity who ceases to work for reasons not attributable to him and cannot be relocated immediately, is entitled to a pension that is initially granted for the term of one year from his or her disengagement. work, provided that you are in active service at the time of illness or accident.

Article 50.-If the workers included in the two previous articles remain without a working location after the rehabilitation treatment or qualification or re-qualification courses have been completed, or after the end of the term of a year for which the partial invalidity pension was granted at the time of termination of their employment, the pension is maintained, adjusted in accordance with the provisions of Article 55 (c) and (d), until such time as they obtain a pension. new job location, provided they meet the minimum service time requirement that is provides for the entitlement to the total invalidity pension of common origin.

ARTICLE 51.-The State guarantees that workers who have suffered a reduction in their work capacity will have priority in the access to jobs that are in accordance with their physical and mental capacities.

SECTION 4

PARTIAL INVALIDITY BENEFITS

Article 52-In cases of partial invalidity, a pension is awarded in addition to the services provided in kind and in kind, in accordance with the rules laid down in this Section.

Article 53.-The amount of the partial invalidity pension granted to the worker who goes on to the post of lower salary, or is reduced to his working time, is the result of applying to the difference between the former and the new salary the percentages shown on the following scale, based on the origin of the decrease in the work capacity and in the number of years of services provided as wage worker up to the time of the illness or the accident that determined such a decrease:

Time of services Common origin Professional origin

Up to 9 years 30 percent 40 percent

Over 9 years and up to 14 years 40 percent 50 percent

Over 14 years 50 percent 60 percent

ARTICLE 54.-When the worker establishes more than 25 years of service, the percentage that corresponds to him 1 percent for each year exceeds 25.

Article 55.-The partial invalidity pension is granted to the worker:

(a) for an amount equal to 70% of his previous salary in the cases referred to in Article 48;
(b) in the case of an amount equal to 50% of his earlier salary in the cases referred to in Article 49, where the origin of the invalidity is common;
(c) an amount equal to 70% of his previous salary, in the cases referred to in Article 49, where the origin of the invalidity is professional;
(ch) an amount equal to 25% of his previous salary, in the cases referred to in Article 50, where the origin of the invalidity is common;
(d) an amount equal to 35% of his previous salary, in the cases referred to in Article 50, where the origin of the invalidity is professional.

ARTICLE 56.-For the purposes of the preceding articles, the salary of the worker is determined, according to the different forms of payment, as follows:

(a) if the payment is in time, the previous salary is the one that corresponds to the monthly payment plus the plus derived from a historical salary, when it has had it; and the salary of the new job is that legally established for the same;
(b) if the payment is for yield, the previous salary is the one that results from adding the wages accrued in the last six months and dividing that amount between the working days in that period; and the salary of the new job is the one that corresponds to 100 percent compliance with the standard.

Article 57-In the case of a total invalidity pension which, being re-examined, has the capacity to work and rejoins the employment activity, the amount of a new pension may not be fixed on an average salary lower than that which was paid to carry out the calculation of the previous benefit.

Article 58.-The worker who at the time of being declared available enjoys a partial invalidity pension, maintains the recovery of the pension, in conjunction with the salary compensation that may correspond to him, for the term that remains in his condition of available.

If at the end of this term it is not relocated, the worker is entitled to receive the pension provided for in Article 50, if he meets the conditions required for such cases.

SECTION QUINTA

PROVISIONS COMMON TO THE PRECEDING SECTIONS

Article 59.-If the invalidity originates in the execution of the worker a heroic act saving human lives in defense of his or her work center or other fundamental assets of the society, or fulfilling international missions, the amount of the pension The Council of the European Union, acting on a proposal from the Commission, has adopted a proposal for a Council Directive on the application of the provisions of the Treaty on European Union.

Article 60.-Total or partial invalidity is determined by the Medical Peritage Commissions operating in the public health care centers.

ARTICLE 61.-The administration is under the obligation to promote the case of the total or partial invalidity pension of the worker who is ruled by the Commission of Medical Peritage and does not request it.

Article 62. To the sole effect of completing the minimum time of services required as a requirement to obtain the full or partial invalidity pension, those engaged in higher education by graduates of this level are computed, provided that they do not exceeds the time set for each specialty.

Article 63.-The dependencies that serve social security in the Local Organ of People's Power and in the State Committee of Labor and Social Security, has the power to dispose, of trade or at the request of the beneficiary or of the administration, medical examinations of pensioners for total or partial invalidity, in order to know the variations in their working capacity, with the exception of those covered by the age pension.

The State Committee on Labor and Social Security, in coordination with the Ministry of Public Health and the Cuban Workers ' Central, will establish the rules and procedures that will govern such reviews.

Article 64.-The total invalidity pension who recovers the work capacity acquires the right to the partial invalidity pension, if the salary of the job to be filled is less than that received at the time of obtaining the pension by total invalidity.

CHAPTER VI

PENSION BY AGE

SECTION FIRST

REQUIREMENTS

ARTICLE 65.-Every worker is entitled to a pension for his or her age and years of service.

ARTICLE 66.-The age pension is classified in ordinary and extraordinary, in accordance with the conditions laid down for its granting.

ARTICLE 67.-For the purposes of fixing the age for obtaining the right to an ordinary pension, the work is classified, according to the nature of the conditions of their respective conditions, as follows:

Category I. Work carried out under normal conditions;

Category II. Work carried out under conditions in which the expenditure of physical, mental, or both, is of such a nature that it results in a reduction of the work capacity in the time, when there is an attrition in the body that does not correspond to the one that corresponds to their age.

The State Committee on Labour and Social Security is empowered to establish or vary the relationship of work falling within the category in category II, with the participation of the trade union organisation and the advice of the Ministry of Health Public.

ARTICLE 68.-To obtain the ordinary pension is required:

For workers in category I:
(a) to have men 60 or more years of age and women 55 or older;
(b) have provided not less than 25 years of service.
For workers in category II:
(a) to have men 55 or more years of age and women 50 or more years of age;
(b) have provided not less than 25 years of service;
(c) have worked in work falling within this category not less than 12 years prior to their application or, failing that, 75% of the time required for the granting of such a pension.

ARTICLE 69.-To obtain the extraordinary pension is required:

(a) to have men 65 or more years of age and women 60 or older;
(b) have provided no less than 15 years of service.

SECTION 2

BENEFITS BY AGE AND SERVICES 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, 50 percent is applied to the annual average salary;
(b) for each year of services exceeding 25 borrowed before the age required to obtain a pension per age, the percentage to be applied on the annual average salary for workers covered by the pension is increased by 1%. category I;
(c) for each year of services exceeding 25, the percentage to be applied to the annual average salary for workers falling within category II shall be increased by 1.5%.

ARTICLE 71.-Workers falling within category I entitled to obtain the ordinary pension, who do not exercise it and continue to work, in order to provide uninterrupted contribution and experience to the country's development, receive, as recognition of this attitude, a special increase for each year of services rendered after the year in which they reach the corresponding age and years of service requirements, according to the following scale:

-In the first year, 1.5 percent of the annual average salary

-In the second year, 1.5 percent of the annual average salary

-In the third year, 3 percent of the annual average salary

-In the fourth year, 3 percent of the annual average salary

-In the fifth year, 4 percent of the annual average salary

These increases apply up to the age of 65 years men and 60 women. From those ages, the one that continues to work receives an increase of 1 percent a year.

Article 72. In order to apply the special increases as set out in the previous article, the times referred to in Article 20 (a) are not to be computable when the inactivity originates after the right to the pension by age.

ARTICLE 73.-. The amount of the special pension is determined according to the following rules:

(a) for the first 15 years of service, 40 percent is applied to the annual average salary;
(b) for each year of services exceeding 15, the percentage to be applied to the annual average salary is increased by 1%.

Article 74.-An increase in the pension is granted to those workers who, by meeting the requirements for obtaining the pension by age and having achieved exceptional merits throughout their working life, are proposed by the Central de Workers from Cuba and approved by the Council of Ministers.

The increase is 10 percent to 25 percent, which is in addition to the percentage that corresponds to the average worker's salary, within the limit of Article 9, as determined by the Council of Ministers.

ARTICLE 75.-The amount of the age pension is determined on the average annual salary resulting from the highest wages accrued by the worker for five calendar years, selected from the last ten years, equally natural, prior to the application for the benefit.

Article 76.-When the annual average salary exceeds three thousand pesos, the calculation of the age pension is made on the amount that will be taken up to three thousand pesos by 100 percent and the excess of that amount by 50 percent.

Article 77.-In the case of a partial invalidity pension entitled to a pension by age, the amount of the new benefit cannot be fixed on an average salary lower than that which was used for the calculation of the benefit previous.

Article 78. The minimum amount of the pension by age is:

(a) sixty pesos per month, if it is credited to have borrowed 25 or more years of services and an average annual salary of not less than eight hundred pesos;
(b) 40 pesos per month, if not included in the previous subparagraph, but meets the requirements required to obtain the age pension and credits an annual average salary of not less than five hundred and forty pesos.

ARTICLE 79.-The minimum amount of the age pension to be granted to workers who, for working in non-permanent or cyclical activities, for having special work arrangements, credit a salary of less than five hundred and forty pesos a year, It is equivalent to 80 percent of your annual average salary.

SECTION III

PROVISIONS COMMON TO THE PRECEDING SECTIONS

Article 80.-The age pension may be applied for at any time by the worker who disties the pension at work after the law is in force, provided that the conditions for obtaining the pension have been met in active service.

ARTICLE 81.-The administration is empowered, in the light of the reduction of the worker's capacity or performance, to promote the retirement records by age of the workers of category I who have completed 65 or 60 years or more, respectively, and category II which have been 60 or 55 years or more, respectively.

In all cases, prior analysis with the trade union organization is necessary and the worker has met the other requirements required for the granting of the pension by age.

SECTION 4

WORK OF PENSIONERS BY AGE

Article 82-Pensioners by age may be rejoined to paid work, without in any case the sum of the new salary and the benefit granted may exceed the amount of the salary which they earned at the time of obtaining the pension.

The Law Regulation lays down the procedure to be used in dealing with these cases.

Article 83.-Pensioners by age who are reinstated to work, when they cease definitively in it, are entitled to an increase in the amount of their pension equal to 1% of the new annual average salary for each year worked with after they have been reinstated.

Article 84.-Retirees under previous laws which have been kept in work or have been reinstated to it, are suspended or not of the social security benefit, are entitled, when they definitively cease at work, to opt for the increase regulated in the previous article or to promote a new pension for total invalidity or age under the provisions of this Law.

The Regulation lays down the conditions and conditions for the granting of this right.

CHAPTER VII

PENSION FOR CAUSE OF DEATH

SECTION FIRST

CAUSE AND FAMILY ENTITLED TO PENSION

ARTICLE 85.-The death of the worker, or the presumption of his death by disappearance, originates for his family the right to a pension in the following cases:

(a) if it is in active service;
(b) if they are under age or total or partial invalidity;
(c) where, without being on active duty for a period not exceeding six months prior to his death or disappearance, he has worked not less than 75% of his life from the age of 17;
(ch) if it is included in the provisions of Article 80 of this Law.

ARTICLE 86.-They are relatives entitled to a pension for the cause of death:

(a) The widow of a formalised marriage who is involved in the economic unit of the household of the deceased or dependent on her, provided that the marriage has not less than one year of being constituted, or any time if there are common children or the the death of the deceased is caused by accident or work;
(b) the married widow of a judicially recognised marriage who is involved in the economic unit of the household of the deceased or dependent on her, provided that the marriage has not less than one year of being constituted, or any time if there are children common or the death of the deceased is caused by common accident or work;
(c) the widower of marriage formally or legally recognized, aged 60 or over, or unfit for work, who in either case lacks the means of subsistence and has integrated the family core of the deceased worker, depending economically on her until her death, provided that the marriage has not less than one year of constituted, or any time if there are common children or the death of the causative originates by common accident or work;
(ch) children, including those who are adopted, one or the other sex, less than 17 years of age and unmarried; and those who are older than those who are unfit for work at the time of death of the deceased or at the age of 17 age and they were economically dependent on the deceased.

Adopted children are entitled to a pension for the cause of death provided that the deceased is not more than 55 years of age at the time of adoption and his death occurs at least one year after the adoption, or at any time if the it originates by common accident or work;

(d) the mother and father, including the adopters, provided that they lack the means of subsistence and that they were economically dependent on the deceased.

ARTICLE 87.-If the widow is a regular worker, she has the right to pay the pension corresponding to the salary she receives in the performance of her work.

Article 88.-If the widow is under 40 years of age and does not have the status of habitual worker, being fit for work and without children to attend or parents who require their permanent care when they cannot be able to fend for themselves, they are entitled to the pension up to the end of two years during which you must manage your employment relationship.

SECTION 2

THE INTERIM PENSION AND ITS PAYMENT

ARTICLE 89-The provisional pension is the immediate economic protection received by the family of a deceased worker in active service or pension for invalidity or age, and the alleged beneficiary is paid for his or her co-existence and for participating in the single family economy or depend on it.

Article 90.-The alleged beneficiary to whom the provisional pension is paid, is obliged to distribute the amount of the pension among the other beneficiaries, whether or not they appear in the family's household.

ARTICLE 91.-The term and the amount of the interim pension is:

(a) if an active worker dies, 100 percent of the salary for the first thirty days from the date of his death and 50 percent of the salary for the following sixty days;
(b) if a subsidized worker dies, an amount equivalent to that which he has received as a subsidy, for the term of 90 days from the date of his death;
(c) if a pensioner dies of invalidity or age, an amount equivalent to the benefit which he received, for the term of three months from the month following that of the death.

Article 92.-The recovery of the provisional pension is not necessary after the terms used for each case are fixed in the previous article.

SECTION III

THE FINAL PENSION AND ITS PAYMENT

Article 93. The definitive pension is the economic protection which, in a stable manner, is granted to relatives who are entitled to it, while the circumstances of modification, suspension or extinction established by this Law are not present.

Article 94. The payment of the final pension shall begin after the end of the provisional pension or from the date of filing of the application if the said term is issued, and the amount is distributed by the parties. (b) equal among the relatives who are in attendance, with the exception of the provisions of Article 99 (b).

Article 95.-The amount of the pension for the cause of death is determined by applying to the pension which, by age or invalidity, corresponds to or would have been paid to the deceased, the percentages which, based on the number of concurrent relatives, appear in the following scales:

SCALE I SCALE II
Basic pension basic pension
up to 60 pesos over 60 pesos

Number of Percentage to the Percentage to the
beneficiary beneficiary beneficiaries

1 80 percent 70 percent

2 90 percent 85 percent

3 or more 100 percent 100 percent

The amounts of pensions resulting from the implementation of scale II cannot be lower than those corresponding to the same number of beneficiaries per application of scale I in basic pensions of sixty pesos.

Article 96. The Central de Trabajadores de Cuba may propose and the Council of Ministers approve, in the face of special situations, the application of the increases provided for in Article 74 in the event of the death of workers with exceptional merits.

Article 97.-For the purposes of Article 95, the following basic pension is considered:

(a) if the deceased person was entitled to total invalidity or age, who was enjoying the time of death;
(b) if the deceased person did not have the condition of a pensioner, the person who is applying the rules setting the amount of the pension by age, provided that he has complied with the conditions laid down for the pension or, failing that, that which results from the application of the rules of the total invalidity pension, without requiring the minimum time of service provided.

In all cases, it takes into account the increases that may correspond to the cause, in accordance with the provisions of the Law;

rule contained in the preceding paragraph, having regard to the provisions of Articles 42 and 77.

Article 98. As the number of beneficiaries is reduced by any of the causes of modification, suspension or extinction established by this Law, the adjustment of the total amount of the pension due to the cause of death and its redistribution by equal parties between the beneficiaries, with the exception of the provisions of Article 100 (b).

ARTICLE 99.-When the final pension is granted, the widow is among the beneficiaries and the widow has the usual working condition, the right to the benefit of her benefit is subject to the following rules:

(a) where the equal share of the beneficiaries is equal to a sum of less than 25% of the total pension, the amount resulting from that operation shall be granted to it;
(b) if, in such a distribution, a sum equal to 25% of the total pension or a greater percentage in dependence on the amount of concurrent beneficiaries is granted, 25% of that total is granted.

The difference which may result from the application of the 25% referred to in point (b) does not determine in favour of the other beneficiaries.

ARTICLE 100.-When the distribution of a pension due to a reduction in the number of beneficiaries is made between the working widow, the right to the benefit of the benefit is subject to the following rules:

(a) where less than 25% was allocated to the initial distribution, the share of the initial distribution shall be raised by the termination of the entitlement of other beneficiaries, up to 25% of the total amount of the pension initially granted;
(b) if an account corresponding to 25% of the total pension was in the initial distribution, this amount shall be maintained, irrespective of the change in relation to the other beneficiaries.

The difference which may result from the application of point (b), in keeping the widow 25%, does not determine the increase in favour of the other beneficiaries.

Article 101-Where the widow ceases to be permanently in her work for justified reasons, the adjustment provided for in the two preceding articles is without effect and is entitled to receive the benefit in the amount to be distributed by the parties. equal the total amount of the pension, according to the number of beneficiaries who are concurrent at the time of their employment relationship.

ARTICLE 102.-The amount of the pension due to death received by the working widow is in addition to the average annual salary earned by her, for the purposes of the calculation of the pension which, by invalidity or age, may correspond to her.

SECTION 4

COMMON PROVISION FOR THE PRECEDING SECTIONS

ARTICLE 103.-The dependencies that serve the social security in the Local Organ of the People's Power and in the State Committee of Labor and Social Security, have the power to have, of trade or at the request of the beneficiary, medical examinations of disabled pensioners, in order to know the variations in their work capacity, with the exception of those in the ages of 60 years men and 55 women.

CHAPTER VIII

CAUSES OF MODIFICATION, SUSPENSION AND EXTINCTION

SECTION FIRST

CAUSES OF MODIFICATION

ARTICLE 104.-Social security benefits are amended:

(a) where errors or omissions are found in the calculation of the benefits or in the data which were taken into account for the granting of the benefits;
(b) in the case of workers who are entitled to a partial invalidity pension, where there are variations in their salary;
(c) in cases of partial invalidity pension where, after the periods laid down for each case have expired, the worker is pending relocation;
(ch) in the pension for the cause of death, due to the increase or decrease of the relatives entitled to the enjoyment of the pension;
(d) where the pension widow not covered by Article 88 starts work;
(e) where the pension widow who is a worker ceases to work for justified reasons;
(f) when discounts are made to reintegrate undue or excessive charges, in accordance with the scale established by the State Committee for Work and Social Security.

SECTION 2

CAUSES OF SUSPENSION

ARTICLE 105.-Social security benefits are suspended:

(a) if the patient, injured or injured by invalidity, does not access or does not go without justified cause, and the opportunities to be identified, to the examinations and examinations necessary to check his or her condition, or voluntarily to heal his or her cure, either receive the appropriate medical treatment or do not comply with the optional instructions;
(b) where the patient, who is injured or has been injured by invalidity, is subject to physical, mental or occupational rehabilitation, is refused without justification to observe the medical prescriptions or instructions which have been given to him;
(c) if the partial invalidity pensioner loses his or her employment relationship on his own will or indiscipline at work;
(ch) if the non-incapacitated pensioner begins to work and the concurrency of the salary does not proceed with the recovery of the benefit, without prejudice to the payment to be made in return for the payment unduly charged;
(d) if the beneficiary is punished for imprisonment for more than 30 days, for the duration of the penalty;
(e) in cases of choice between two or more benefits;
(f) where the protection of the person who so requires within the year following the recognition of the right is not constituted and the supporting document is present;
(g) for the widow of non-formalised marriage where he does not credit the recognition of the same within the year following the granting of the pension and until such time as the supporting document is presented.

SECTION III

CAUSES OF EXTINCTION

ARTICLE 106.-Social security benefits are extinguished:

(a) for the sick or injured person receiving allowance, when his or her medical discharge is carried out or his employment contract is concluded, if the latter is for a given period or for a work; or his invalidity is stabilized, in accordance with the medical expert's opinion;
(b) where the total invalidity pension begins to work without the medical advice giving the recovery of his or her work capacity being considered as a new expert opinion. In such cases, the recovery of the amount unduly charged for the pension is appropriate;
(c) where the total invalidity pension recovers his or her work capacity and starts work;
(ch) where the partial invalidity pension recovers the salary which he earned when he was incapacitated;
(d) where the partial invalidity pension is refused, without justified cause, to be employed in an appropriate manner to the physical, mental, qualification and residence conditions which he or she presents after his rehabilitation or to determine his/her fitness for a new job;
(e) if the partial invalidity pension leaves the qualification or re-qualification courses unjustifiably;
(f) where the partial invalidity of a pensioner becomes total and his entitlement to a new benefit is recognised;
(g) for relatives who are pensioners due to death when they are joined in formalised or non-formalised marriage;
(h) for the widow referred to in Article 88, where he is not working in the established period or when he starts work within that period;
(i) for the widow when she ceases to work without justified cause;
(j) for the children of one or other non-disabled sex when they meet the age limit of 17 years;
(k) for the father or mother when they acquire means of subsistence;
(l) for widower when acquiring means of subsistence;
(m) if it is found that in the granting or enjoyment of the provision there was error, simulation or fraud, without prejudice to the liability of any nature in which it was incurred;
(n) for the beneficiary leaving the national territory definitively;

(n) if the beneficiary dies, in the case of the beneficiary.

CHAPTER IX

PROCEDURE FOR THE GRANTING OF MONETARY SOCIAL SECURITY BENEFITS

Article 107-The procedure for granting social security benefits is initiated at the request of:

(a) the worker who is interested in obtaining the allowance or pension for invalidity or age;
(b) the relatives of the deceased, who are interested in obtaining the pension for the cause of death;
(c) the administration in the case governed by Article 81 of this Law and in the case of total and partial invalidity pensions;
(ch) the Directorate of Labour of the Municipal People's Power in the case of partial invalidity workers who are placed at their disposal;
(d) the representative of the worker or the relative of the deceased, when they are prevented from promoting the file by themselves.

ARTICLE 108.-The administrations are obliged to:

(a) to grant and pay for sickness and accident benefits;
(b) to process and submit the partial invalidity pension files and to make their payment, adjustment and control;
(c) to form and submit the pension files for total invalidity, age or cause of death of the worker in active service;
(ch) make payment of the provisional pension resulting from the death of the worker in active service.

The procedures which correspond to the administration to form and present the pension files referred to in points (b) and (c) must be completed within the period of forty-five days.

Article 109. For the purpose of fulfilling their obligations in the processing, granting and payment of benefits, the administration has the power to practice proceedings, to require the filing of documents and to take an interest in evidence.

Article 110.-Corresponds to the Social Security Departments of the Municipal People's Power:

(a) to examine the pension files for partial or total invalidity, by age and by cause of death of the worker in question, to return them if they have deficiencies or to raise them to the higher instance, where appropriate;
(b) to form and submit the pension files by age of the workers who are employed in employment as referred to in Article 80;
(c) to form and submit the pension files for the death of the pensioners for total invalidity or age and the worker covered by points (c) and (h) of Article 85;
(ch) to deal with the partial invalidity pensions of those workers who are at the disposal of the Municipal People's Power Directorate pending the relocation or receiving of qualification or re-qualification courses and treatment of rehabilitation;
(d) to issue orders for the payment of partial invalidity pensions in cases of workers who are to relocate;
(e) to issue orders for the payment of the interim pension, in the case of the death of the pensioners for total invalidity or age and of the workers referred to in Article 85 (c) and (c);
(f) to deal with the application for increases which are made by age pensioners who have been reinstated to work;

Article 111.-The Head of the Department of Pensions of the Social Security Directorate of the State Committee of Labor and Social Security resolves in the first instance the grant or refusal of the benefit requested in the pension files.

The judgment given may be brought before the Director of Social Security of the body itself within 30 working days from the date of the date of the notification.

ARTICLE 112.-The Head of the Incident Processing Department of the Social Security Directorate of the State Committee of Labor and Social Security resolves in the first instance on the modification, suspension, restitution or extinction of the pensions granted, where there is a legal cause to be determined.

The judgment given may be brought before the Director of Social Security of the body itself within 30 working days from the date of the date of the notification.

ARTICLE 113.-The Director of Social Security of the State Committee of Labor and Social Security resolves in second instance on the resources presented, dictating resolution in the term of ninety days from the following date of the date in which the claim is received.

ARTICLE 114.-The decisions given in any instance are executed immediately, without prejudice to the right of the persons concerned to bring the corresponding resources.

ARTICLE 115.-The resolutions of the Director of Social Security of the State Committee of Labor and Social Security cause state and against them the interested parties may initiate the corresponding judicial procedure within the term of thirty days (a) to be counted from the date of the date of the notification.

If the judicial procedure is initiated, leaving it to be determined and recognized as the right, the payment shall be made as from the date of the court order.

ARTICLE 116.-As soon as the judgment given in the social security procedure is signed, the file will be returned to the Social Security Directorate to execute the relevant.

TITLE III

SOCIAL ASSISTANCE SCHEME

CHAPTER I

SUBJECT MATTER AND PERSONS PROTECTED

Article 117.-The protection of social assistance is offered in the state of need of the family nucleus to which the person falls within the provisions of the present regime, in the absence of relatives who are obliged to give food or when These are not the conditions to provide assistance.

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

Article 118.-It is understood by state of need of the family nucleus the lack of economic income or the existence of them in amounts inferior to those that are established in the scales for the continuous monetary benefits of the assistance social.

ARTICLE 119.-They are protected by social assistance:

(a) the elderly requiring special attention;
(b) persons unfit for work or who, for reasons of force majeure, are prevented from joining the work;
(c) single mothers with financial difficulties for the care and care of their offspring;
(ch) working mothers in the period who enjoy unpaid leave for the care and care of sick children and who, for such a situation, lack economic income;
(d) the relatives of the deceased worker or pensioner who are not included in the right to a pension due to death which establishes the law and who are in their shelter and protection;
(e) pensioners with benefits that are not sufficient to them, depending on the number of relatives directly dependent on them;
(f) the pension widows to whom the pensions which they were temporarily receiving are extinguished;
(g) sickness or accident-subsidized workers who require greater economic protection because they are subject to long-term treatment and are not in receipt of their income;
(h) workers who arrive at the age referred to in the ordinary pension or who are invalidated and do not meet the minimum time requirement for services required to obtain a social security benefit;
(i) the relatives of the young persons incorporated into the General Military Service who constitute the sole or part of the family breadwinner;
(j) minors who are pensioners for social security who are in the age of 17 years of age at the time of their arrival;
(k) other persons who, without being covered by the above, require urgent attention to social assistance.

CHAPTER II

BENEFITS

Article 120. The benefits of social assistance, according to their nature, may be in services, in kind and in monetary terms.

ARTICLE 121.-They are services in services:

(a) the income in the Nursing Homes, which is offered to those elderly persons who lack relatives who can pay attention to them;
(b) services of social workers to pensioners for invalidity or age and elderly persons who require them;
c) income of minors in Physical and Mental Impaired Households;
(ch) accommodation and care in transit hostels in medical consultations or hospitalization of relatives outside the place of residence of the person concerned;
(d) cultural and recreational assistance to the elderly and pensioners for invalidity or age;
(e) the entry of minors in Children's Circles and in the centres with interning or semi-boarding systems of the national education system, where there are social problems which require urgent attention and in accordance with the capacities to be used this purpose;
(f) assistance which, on certain aspects of health and family education or others, provides social workers to families in need;
(g) other services in charge of state departments specialized in health and comprehensive rehabilitation, housing, education and care for old age, physical and mental orders and children.

Article 122.-benefits in kind are those articles for which the corresponding organs of social assistance are provided for free on loan or on loan, in order to meet the needs of a beneficiary or a core family.

Article 123. Monetary benefits are the amounts which are granted in an eventual or continuous form to the persons or family members protected by the provisions of this Title.

Article 124.-The monetary benefit granted by a contingency to carry out essential expenses which, by its nature, require urgent attention.

Article 125.-The monetary benefit which is granted in a repeated manner is continued until the situation of need arises, which is reviewed periodically to check whether variations have occurred which determine a modification of the benefit or its extinction.

Article 126.-The benefits referred to in the foregoing articles are not mutually exclusive, so they can be obtained simultaneously in dependence on the specific situation of the person or family nucleus who requests them.

CHAPTER III

MONETARY BENEFITS

Article 127. Possible benefits may be granted up to a amount of fifty pesos, and may be repeated as long as the sum of 100 pesos does not exceed 100 pesos within the twelve-month period.
Where the purpose of the provision is to acquire essential goods or goods, it may be awarded in excess of one hundred pesos for one time.

Article 128-Continuing benefits are granted to the persons or family members referred to in the various points of Article 119, taking into account the number of persons who constitute the family nucleus, in accordance with the scales laid down for these The State Committee on Labour and Social Security shall be present and approved by the Council of Ministers.

Article 129.-The total sum to be collected for the continuous provision of social assistance and other income cannot exceed the amounts fixed by the scales referred to in the previous article.

ARTICLE 130.-The amount of the value of the food diet required by a member of the family core is in addition to the amount of the monetary benefit that is applied to it according to the established scales.

Article 131. In order to fix the amounts within the limits to be established for the monetary benefits, the structure of the family nucleus must be assessed in addition to the state of need.

CHAPTER IV

PROVISIONS COMMON TO THE PREVIOUS CHAPTERS

ARTICLE 132.-Benefits in social assistance services may be offered free of charge or through their full or partial payment, depending on the income level of the person or family core benefited.

Article 133.-For the purposes of the preceding article, the departments of the People's Power responsible for social assistance shall check the amount of the income of the beneficiary and of his relatives and, by reason of their ancestry, may request payment of a benefit granted, whatever its nature and nature, except in the case of free services.

ARTICLE 134.-The granting of the benefits of the social assistance that is regulated in this Law corresponds to the Local Bodies of the People's Power, which will act in accordance with the procedure laid down in the Rules of Procedure of this Law.

CHAPTER V

MODIFICATION AND TERMINATION OF BENEFITS

Article 135.-The monetary benefits of social assistance are amended, according to the amount:

(a) if the monetary income of the protected persons decreases;
(b) if the monetary income of the protected family core is increased without exceeding the amount fixed in the scale of monetary benefits in accordance with the number of persons in that core;
c) when, for any cause, one or more casualties occur in the family nucleus.

ARTICLE 136.-Social assistance benefits are extinguished:

(a) if it is found that the granting or enjoyment of the monetary benefits has been a mistake which gave rise to an undue benefit;
(b) if the monetary income of the protected family nucleus reaches the amount fixed by the scale of monetary benefits or overpasses;
(c) where the provision of work or other solutions to the situation confronting the protected family member or person has been carried out by the bodies concerned and is not accepted without justification;
(ch) where it is established that some of the persons required to give food are in a position to assume fully the monetary benefit granted by the social assistance;
(d) where, for any other reason, the circumstances which gave rise to the benefit are removed.

SPECIAL PROVISIONS

FIRST: Widows who are under a pension at the time of entry into force of the Law will be entitled, if they join the usual work, to obtain the percentage that corresponds to them in accordance with the provisions of Article 99.

SECOND: The military that on the date of its license of the active military service do not meet the requirements that for the granting that for the granting of the benefits establishes the Law of Social Security of the Armed Forces Revolutionaries, they will be able to benefit from the benefits of this Law, provided they credit the time of services and the age required for the corresponding pension.

THIRD: The military retired by the Social Security Law of the Revolutionary Armed Forces who go to work as civilians, will be entitled to an age pension or total invalidity, when they meet the age and years of service requirements. established by this Law to obtain such benefits. The amount of this new benefit cannot be fixed on an average salary lower than that which was used to carry out the calculation of retirement by the Social Security Law of the Revolutionary Armed Forces.

FOURTH: The Social Security Directorate of the State Committee of Labor and Social Security is empowered to resolve the cases of modification, suspension and termination of benefits, in cases resolved prior to the validity of the Law, by means of the procedure laid down in Chapter IX of Title II.

QUINTA: The Chairman of the State Committee on Labor and Social Security is empowered to grant, exceptionally, social security benefits without being subject to the requirements laid down in this Law.

ADDITIONAL PROVISION

UNICA: The social insurance scheme established by Law No. 1165 of 23 September 1964, for university or non-university professionals and other persons protected by law, who will maintain their right of agreement, is declared in force. with the conditions laid down in the Third and Fourth Additional Provisions as added to by Article 2 of Law N0. 1100, of March 27, 1963, of Social Security.

In total invalidity, in order to obtain the right to the corresponding pension, only the payment of the contributions shall be required per day.

The pensions arising from the death of the insured under this scheme, as well as the causes of modification, suspension and termination of the benefits granted under this scheme, shall be governed by the provisions of this Law.

TRANSITIONAL PROVISIONS

FIRST: The benefits granted under previous laws and provisions are subject to the causes of modification, suspension and extinction established in this Law, provided that such causes arise after its validity.

SECOND: Workers who, at the time of the entry into force of this Law, meet the pension requirements by age or meet them within the first year of their validity, shall be entitled to, upon request, be granted to them in the amount that they are entitled to is more favourable according to the rules of Law No 1100 of 27 March 1963 or those contained in this Law for that type of pension.

THIRD: The payment of benefits and of any economic benefits arising from claims that are made or formulated in accordance with previous laws shall be effected from the date on which the beneficiary proves the right to his or her perception.

FOURTH: The beneficiaries who have granted the right to one or more pensions for the duration of this Law will continue to receive them in their current net amounts, unless there is any cause of modification, without in any case the the amount or sum of these benefits may exceed four hundred pesos per month.

The members of the Liberator Army of Cuba and their widows and children entitled to a pension are exempt from this maximum.

QUINTA: The pension files that are located in the Social Security Directorate or presented at the corresponding levels of the Local Bodies of the People's Power, will be resolved in accordance with the legislation that validity of this Law. However, if this Law is more favourable to the advocate, its provisions shall apply, of its own motion.

SIXTH: In the case of sick or injured workers who are receiving benefits and on the date of entry into force of this Law, their medical expertise has been prepared or practiced before the appropriate care facility, require the minimum time of service provided to obtain the pension if the total invalidity is given for the work.

SEVENTH: The pensions requested during the life of this Law for deaths occurring before the date of validity of this Law are subject to its provisions, provided that the applicants have been entitled to a pension according to laws governing the date of death of the perpetrators.

EIGHTH: The monetary benefits currently enjoyed by the beneficiaries of the social assistance will be revised to the effect of adjusting them to the amounts that are established for this type of benefits, within the six-month term from the validity of this Law.

FINAL PROVISIONS

FIRST: It is for the State Committee on Labour and Social Security, in respect of the social assistance scheme set out in Title III, to exercise the coordinating function of the activities required for its implementation, as well as to carry out the inspection and control of compliance with the provisions of this Law.

SECOND: The bodies of the Central Administration of the State and the Organ of the People's Power, which direct the activities related to the benefits provided by this Law, will include in their projects for the Single Economic and Social Development Plan and for their respective budgets, the material and financial resources that make it possible to grant these benefits.

THIRD: The bodies of the Central Administration of the State referred to in the previous Disposition are required to regulate the appropriate procedures and priorities to enable the provision of services, for which they will dictate the relevant provisions and instructions, in coordination with the State Committee on Labour and Social Security and the Cuban Workers ' Central Committee.

FOURTH: The Chairman of the State Committee on Labor and Social Security is empowered to dictate the resolutions and instructions required for the best application of this Law.

The Cuban Workers ' Central will participate in the elaboration of these legal bodies.

QUINTA: The State Committee on Labor and Social Security, within three months of the publication of this Law in the Official Gazette of the Republic, will submit to the Council of Ministers, for its approval, the It will be elaborated with the participation of the Cuban Workers ' Central and the Provincial Bodies of the People's Power.

SIXTH: The Ministry of Public Health will issue, within three months of the publication of this Law in the Official Gazette of the Republic, the necessary provisions to regulate the services and the corresponding services. to this organization, with the participation of the Cuban Workers ' Central.

SEVENTH: The Council of Ministers is empowered to decide, on a proposal from the State Committee for Work and Social Security with the Central de Trabajadores de Cuba, to dictate the necessary provisions when the nature of some work or The characteristics of certain situations recommend that a differentiated treatment be established within the Social Security System.

EIGHTH: The protection of the maternity of the worker will continue to be provided by her special legislation.

NINTH: They are repealed:

(a) Law No 1100 of 27 March 1963 on Social Security;
(b) Law No 1165 of 23 September 1964, with the exception of Articles 2 and 5 of the Law on university or non-university professionals and self-employed persons;
(c) Article 31 of Law No. 8 of 22 August 1977 on the Organization and the Functioning of the Councils of Work;
(ch) Resolution No. 196 of 23 December 1973 of the Minister of Labour, derogating from Resolution No. 270 of 1968, with the exception of its Second and Third Parties, which will continue to be applied;
(d) the Resolutions of the Labour Minister number 4478 of 22 April 1963, which established a table for the calculation of the subsidies; 4614 of 30 April 1963, the content of the table for the assessment of disabilities; 1306, of 24 March of 1964, which regulated the assessment of the tests of the time of service; and 240, of 17 July 1968, which laid down the procedure for the payment of the provisional pension for the cause of death;
(e) Resolution No. 121 of 19 April 1978 of the President of the State Committee on Labour and Social Security, which provided for the treatment of workers with reduced work capacity and corresponding benefits;
(f) any other legal and regulatory provisions shall be contrary to the provisions of this Law.

DECMA: This Law will begin to apply from January 1, 1980.

Be published in the Official Gazette of the Republic.

City of Havana, at the twenty-eight days of the month of August of a thousand nine hundred and seventy-nine.

Blas Roca Calderio

Social Security Law

Original Language Title: Ley de Seguridad Social

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Social Security Law

Social Security Law

Original Language Title: Ley de Seguridad Social

Subscribe to a Global-Regulation Premium Membership Today!

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