By Establishing A Social Security System In The Republic Of San Marino

Original Language Title: Istituisce Un Sistema Di Sicurezza Sociale Nella Repubblica Di San Marino

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17010574.html

Law No. 10 establishing a social security system in the Republic of San Marino. We the Captains Regent of the Most Serene Republic of San Marino We promulgate and publish the following law approved by the Great and General Council at its meeting on March 9, 1950: TITLE I. Art. 1. And a social security system which provides for health care 'set for all citizens and security for all workers. It is inspired by the statutory principles of the Republic and the new requirements of civil society. Art. 2. Health care for citizens. Health care is extended to all citizens, in the manner and limits that will be set out in the Regulation, provided there is an alteration of health stat involving the inability to carry out usual activities, or in the cases of childbirth and abortion. Art. 3. Health care is: a) in the diagnostic work; b) in the ordinary and specialized medical care; c) in medical and surgical care; d) in the shelters in a health (including mental hospitals and sanatoriums); e) in the supply of medicines. The supply of medicines is granted upon payment of a proportional on the price fixed by the relevant regulation. The regulation will lay down the exclusions from certain forms of benefit for those who enjoy an income above certain limits and their families, and also sanction of exclusion from the payment of the aforesaid both proportional to the needy, and for those who have an income below to certain limits. Art. 4. Financing. The costs for the health care is provided: a) with an annual contribution to be determined for each three-year period or other period established by the Regulation, to be paid by all those people who enjoy a higher income self to a certain limit; b) with the concurrence of the State for the part not covered by the contributions referred to in the preceding paragraph. All contributions will be collected by means of roles. TITLE II. Art. 5. Social security for workers. Subject. They are entitled to avail of the various forms of security as set out in art. 6, provided they have completed the fourteen yearsof age, the following persons: a) workers employed by third parties, excluding government dipendti; b) home workers; c) the settlers, tenants and farmers. With subsequent measures individual pension schemes covered by this law may be extended to other categories of workers. Art. 6. Subject of social security. With the social security system is provided: a) to provide a daily allowance in case of temporary incapacity for work resulting from an occupational injury, illness, pregnancy and while erio; b) to provide a daily disability in the event of temporary and involuntary unemployment; c) to grant pensions in the case of permanent disability due to professional or common causes; d) to grant pensions to the families of workers in case of death due to professional or common, and to grant in the cases, funeral benefits; e) to grant old-age pensions for those who, at a certain age, they retire. The benefits referred to in subparagraphs a) and b) are granted only to the employees referred to in subparagraph a) of Art. 5. Art. 7. Wages and incomes. For performance and social security contributions for workers referred to in subparagraph a) of Art. 5, will be filled by special daily wage tables, broken down by branch of economic activity and by category; for the employees referred to in subparagraphs b) and c) of the same article will instead set the tables according to the annual income of each category, taking into account the place of residence. The tables of salaries and incomes will be compiled at the beginning of each year, based on actual wages or average incomes enjoyed by the various categories in the month of December last year. The variations of the above tables will be operational even against allowances, pensions or annuities in course of enjoyment at the beginning of the year. Art. 8. Working life. The effects of social security benefits, working life begins with the payment of the first daily fee or with the beginning of the year for which it is paid the first annual contribution. Considering taken a year of working life qundo prove three hundred daily contributions paid or payable, or an annual fee. For the employees referred to in subparagraph a) of Art. 5 periods of temporary disability or involuntary unemployment, are considered as covered by contributions, according to the rules to be laid down in the Regulation. Art. 9. Benefits for temporary incapacity.
There is no entitlement to the daily allowance if the employee has completed three months of working life in the six months preceding the disability. This condition is not required in cases of incapacity due to occupational injury. In the case of birth of the working life period it must be completed nine months before the event itself. The daily allowance is equal to 70% of the compensation paid for the category to which they belonged before the worker last ese and is also paid public holidays. The daily allowance is reduced by half when the worker is admitted to a nursing home. The allowance is paid from the fourth day of incapacity and for up to ninety days. In cases of incapacity due to professional or tuberculosis, the allowance is paid until the restoration of working capacity, or until such time as the medium is detected permanently disabled. In cases of childbirth allowance it is paid for six weeks before the event and the six weeks that follow. Art. 10. Performance for involuntary unemployment. There is no entitlement to the daily allowance when the employee has completed one year of working life in the previous two years the period of unemployment. The allowance is established equal to 40% of the salary of the category to which he belonged mainly workers last month, and is also paid public holidays. The allowance is paid from dall'undices mo day of unemployment, and for up to ninety days. Art. 11. Benefits for permanent disability. The pension rights apply if the work capacity may be reduced by more than 20%, if the disability is due to occupational causes, or 66%, if the disability is due to common cause. In the second case must be made at least two years of working life in the four years preceding the disability; these periods may be extended in regulatory forum for those who have passed the age of sixty years. The annual pension for total disability cases is equal to 60 ° the salary or income of the category to which he belonged mainly the worker in the last year of working life, and is ragguagliata for workers referred to in subparagraph a) of ' art. 5 to 300 working days and for other workers referred to in point a) and b) the annual income. The rent, in case of partial disability, is equal to a rate of rent determined as above, depending on the degree of disability. If the disabled, as well as to have lost the entire working capacity, needs to a person who assists in the permanence, the pension is raised to 100% of salary or income. The criteria for assessing the degree of disability will be established by regulation, which will also establish standards for the periodic review of that grade. The disability pension is not reversible. Art. 12. Benefits in the event of death. The right of the survivors of the worker to the family pension exists when the time of death prove accomplished, the preceding four years, at least two years of working life. This condition is not required if the death is caused due to professional. The family pension is proportional to the following rates of the annuity that would be for the worker in the event of total disability: 50% to the spouse; 20% to each child, or 40% if the child has lost both parents. In any case, the family income can not superar 90% of the total disability pension. The spouse is entitled to only if he is not separated share of family income because of him and he later does not pass a second marriage. If the surviving spouse is the husband, he must state that the deceased was invalid in excess of 60%. The children are entitled to family allowances only if they do not have income over eighteen years of age, or if they are disabled to work in excess of 66%. Survivors of the worker, or to ch persons shall at the burial, a funeral allowance of ten thousand pounds is paid, as long as the moment of death, if this is not due to occupational causes, at least three months of working life has been made in the six months the previous case. Art. 13. Old age pensions. The right to an old-age pension shall exist when the worker is in these conditions: a) it is permanently withdrawn from work; b) has attained the age of seventy years of age c) has reached at least ten years of working life. In course of time the age limit for the right to a pension will be reduced. The measure of the annual pension is equal to the following rates of pay, ragguagliata 300
working days, or the annual income of the category to which they belonged mainly the worker in the last three years of working life: 40% with less than twenty years of working life; 50% twenty twenty-nine years old of working life; 60% thirty years old and more 'working life. The old age pension is not reversible. An employee who retires from work without having reached the terms for entitlement to disability pension and old-age pension, may voluntarily continue paying the contributions relating to the latter provision, until the completion of the missing requirements for it. Art. 14. Financing. To the social security services is found shall: a) with workers 'and employers' contributions; b) with the concurrence of the State. The contributions will be determined as a percentage of wages and incomes. Such a percentage will be unique for all categories of workers and will be on a three-year period to cover, together with the assistance of the state, the expenses of that period, and to allow the formation of a reserve fund for possible risks. For the employees referred to in subparagraphs b) and c) of Art. 5 Regulation will establish special rules because a part of social security contributions to be paid respectively by those who commissioned the work, or by the owner of the land granted to the colony or rent. The state competition will be also established for each three-year period and will be distinct for the various forms of insurance and assistance. Art. 15. System for levying charges. For the employees referred to in subparagraph a) of Art. 5 submissions will be collected with monthly lists names of wages paid by each employer. For the employees referred to in subparagraphs b) and c) of Art. 5 submissions will be levied on the basis of filling out specific roles. The regulation will lay down the necessary detailed rules. TITLE III. Art. 16. Assistance to the needy. To people who are without means of subsistence, they are unable to work and who do not enjoy social security benefits will be granted daily allowances proportional to the needs. The scale of such benefits and the manner of their er gation will be determined each year by the Board pursuant to the fourth title. Art. 17. School assistance. In addition to the benefits provided by this Act shall be paid by the State: the care for young children, through the establishment of kindergartens or competition to existing preschools; the maintenance of marine colony; administration of school meals, books and exercise books to poor children. TITLE IV. Art. 18. Bodies of the Social Security. Government Commission. E 'set up a Government Commission for Social Security presided over by a Secretary of State and composed of eight other members, five appointed by the Great and General Council of the Republic, one appointed by the Confederation of Labour of San Marino, one from Union San Marino Industrial and Craftsmen, and one Union promiscuous. The Commission shall carry out the following functions: a) proposes amendments to the present law; b) Establishing the regulatory rules on social security; c) proposes the amount earmarked each year in the state budget for the assistance and social security; d) establishes the remuneration tables and the income under this Act; e) determines the contributions for the assistance and social previdnza to workers, as well as the breakdown of those contributions between employers and workers; f) establishes the criteria which must be eogati subsidies to the indigent and the funds for school assistance; g) exercise the supervision on the Institute for Social Security; h) perform all other tasks to it affidat by law and regulations. The resolutions taken by the Commission on points a) and e) are put into effect by specific decision of the Great Council of the Republic and General. Art. 19. Institute for Social Security. E 'consists of a public institution with legal personality and autonomous management, called "Institute for Social Security" which aims to implement, within the limits of its jurisdiction, the laws and regulations relativ to the social security system. For this purpose, the aforementioned Institute shall collect contributions and state competitions related to social security, to manage the health care, should provide the social security benefits, to administer the goods and reserve funds. Art. 20. The Institute is subject to the supervision of the Government Commission. Art. 21.
The Institute are: the Board of Directors, the Director, the Board of Auditors. The Board of Directors consists of five members, proposed by the Government Commission and appointed by the Great and General Council for three years. Art. 22. The Board of Directors elects u President who is the legal representative of the Institute. Art. 23 The Board of Directors resolution on the Institute's budget, on the general criteria on the organization of the same, the use of appropriations, the establishment of offices, clinics etc. and the entire management of the Institute. Art. 24. The Director is proposed by the Board and appointed by the Government Commission. It is head of the Institute's services and has tuttii powers necessary for the Institute's administration, except those pertaining to the Board of Directors. The Director shall also submit to the Board of Directors and Statutory Auditors of the Institute's annual financial statement accompanied by its report on operations. Art. 25. The Board of Statutory Auditors consists of three members, appointed for three years by the Great and General Council. The Board of Auditors shall review and check the records, does inspections and cash findings, review the balance sheets, reporting to the board. Art. 26. The Institute is empowered to do by their officials perform inspections of companies to ensure compliance with the laws and regulations in materi of social security for workers. TITLE V. Art. 27. Complaints and disputes. Against the decisions of the Institute of Social Security relating to the granting of benefits and in general the implementation of other provisions in this Act, and subsequent regulations, it can be allowed, administratively, to the Institute's Board of Directors within fifteen days the communication of the contested measure. The Board must rule on the appeal within the next thirty days. Against the decision of the Council of Administration the person concerned has the right to resort to the Governmental Commission and, ultimately, to the Magistrate for Labour. Art. 28. Penalties. The persons liable for payment of contributions referred to in the first and second title of this Act, which do not do so to make contributions in the terms established by the Regulation will have to pay, in addition to those contributions, a sum equal to the amount of contributions not paid. Employers are responsible for paying the contributions for the dependents of the workers and therefore, in case of default, the additional sum referred to in the previous paragraph shall be paid entirely by them. Anyone who makes false statements or perform other attifraudolenti in order to evade the contribution charges, or to improperly obtain for himself and the other benefits provided for in this Act, shall be punished by a fine of a thousand liras to ten thousand lire, unless the act constitutes a crime more 'grave. Art. 29. Application of the law to foreigners. Social security afforded by this law extends, taking into account the special arrangements Seize other states and reciprocity, also foreigners who work or are otherwise occupied in the territory of the Republic. Art. 30. Protection of pensions, allowances, bonuses. Pensions, allowances and allowances payable under this Act are not transferable, nor be seized, nor attachable except in exceptional circumstances specified in the regulation. Art. 31. Exemption from stamp duties and the statute of limitations. The Regulation shall specify the acts exempt from stamp duties and prescriptive periods. Art. 32. Transitional rule. Allowances and pensions paid in accordance with current regulations on the entry into force of this Act, for events covered in Title Two, will remain unchanged even if they were to exceed the previst performance in the aforementioned second title. Art. 33. Regulations. The Government Commission will submit to the Great and General Council Regulation for the implementation of this Act. Art. 34. Entry into force of the law. This Act shall come into force no later than two months following the month in which the Regulation will be issued. Given at Our Residence, this day of March 15, 1950 (1649 dFR) THE CAPTAINS REGENT Vincenzo Pedini - Augustine Biordi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS G. Forcellini