Law On Pensions For Salaried Employees And The

Original Language Title: Legge sulle pensioni per gli Impiegati e per i Salariati

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009795.html

Ranked # 7 Law on Pensions for Salaried Employees and the. We the Captains Regent of the Most Serene Republic of San Marino promulgate and publish the following law approved by the Great and General Council in His Returning delli March 8, 1927: PART I. Employees Art. 1. The employee who has 40 years of useful service is entitled to a pension equal to four-fifths of the average pay of actual percepts last five years of actual service. The pension shall in no case exceed the sum of twelve thousand lire. E 'in the employee entitled to ask, at the time of retirement, he is entitled to half of the pension is paid in a single time by the corresponding capital required by the insurance company in art. 20. The other half will always be paid in accordance with art. 17. Art. 2. You have the right to obtain a pension the employee: 1) who is at least 25 years of service and 65 years of age: 2) having at least 20 years of service and verse in one of the following two assumptions: a) it has become incapacitated by illness to continue or to sum up the service: b) has ceased to be part of the staff for reduction or withdrawal of bodies or ufficii. The annual pension is equal to tantii fortieths four-fifths of the average of the salaries received in the last five years of effective service for how many years of useful service. That pension in the case of half Ranked # 1 will be paid as shown in the last part of the previous article, namely in the capital: in the case of letters Ranked # 2 a) b) will, however, sempr and only paid pursuant 'art. 17. The physical inability of the employed - of which at No. 2, letter a) of this article - is ascertained d medical college visit and with the rules, from time to time, be decided by the State Congress. The expense of the medical examination is to be borne by those who ask. Art. 3. You have the right, for once, to an indemnity - equal to one-twelfth of final salary for every year of useful service - the employee after one year of service and before being entitled to retirement leave service due to any cause not excluded that for voluntary resignation. May the employee giving the compensation above withdraw its insurance policies releasing the government from any obligation to any other. Art. 4. The employee who wounds or sickness contracted on account of the exercise of its functions was incapacitated to pay additional service, you are entitled to be retired and to achieve a pension regardless of age and duration of its services. This pension will be paid more and the whole in accordance with the art. 17. The privileged pension above it only when the service has been the sole cause, direct, immediate of sickness or injury. The employee who has contracted sickness, wounds ol sions from it considers due service must report to the Secretary of the Interior the crcostanze that contributed there, specifically stating the nature of the injury, wound, disease, the causes that produced and consequences that ensued with respect to the attitude of service. Such declaration must be made within four months from the day it was contracted the disease or were brought back wounds or injuries. The Secretary of State will have the right to ask any qu lle investigations that deem it necessary, and will subject the employee to the medical college visit referred to in the latter part of art. 2. The final possible recognition on whether they come from the infirmities of the service is to be issued, by special resolution, by the State Congress. In the case of illness or injuries that have caused blindness or absolute loss of the use of two limbs retirement will be equal to four-fifths of the average pay of the last five years or the shorter period of service possible. In other cases of injuries or infirmities contracted pr because of service, the pension will be equal to so many fortieths above average how many years of useful service with only a third of final salary if the length of service is less than 20 years and half of the last salary if the duration is twenty or more 'years. Art. 5. The clerk's widow died - for any reason at any age both before and after entry into retirement - are entitled to the pension provided for in Article 7 where it has not pronounced judgment of legal separation for her guilt and also when the marriage was contracted at least one year before the date of termination of service, or is born offspring even if posthumous more 'recent marriage or death is caused due to service.
The widow who goes to a second marriage loses pension. Art. 6. The clerk dead orphans, for any motif and at any age, and those of the pensioner who has married before or during the srvizio, are entitled to compensation or retirement in art. 7 as long as they are minor and underage daughters also unmarried. It 'matched to the orphaned offspring of both parents of the mother against what was ultimately pronounced legal separation judgment. Are equated to the minor children of the sons and unmarried adult children, provided it is established that the day of the worker's death were still against him and that they are incapable of any work and have-nots. Art. 7. The widow and orphans who are in the situation described in the two preceding article are entitled to an allowance equal to one thousand pounds for every hundred pounds of direct pension. The widow than the capital sum will be paid an annual pension that will or would be produced by the use of the aforementioned benefits in a rinvestimento fruttante no less than five percent. Orphans annual pension will be paid that will or would be produced by use of the above: the coming of age will receive their capital due. The allowance or pension will be distributed to persons above as follows: 1) if only helps the widow: it takes a full pension; 2) if you make only the orphans: they will share equally the pension and allowance: 3) if it helps the widow and children will be up to the first retirement on the third part of the allowances and the remainder will be divided into retirement and then in the property in equal shares among the children. Where missing widow and children (under the conditions laid down in Art. 5 and 6) the allowance in the form of retirement (in accordance with the first paragraph of this article) will go to the parent or (partially equal) to parents who were already charged to the office worker. In case of death employed apply the same rules as above exposed for the case of employee death. Moreover it will be up to her husband the pension only if it was paid by the employee. In any case other than those predicted by this article sums deriving from the insurance policy for the insured's death will go for a third to testamentarii heirs and, in the absence of a will, to the legal heirs of the employee or the employee and the other two thirds to pension fund pursuant to art. 21. The pensioner who has no children, wife or parents can make the sale of his third even with another party. Art. 8. The right to obtain a pension or allowance s lost for the reasons stated by the organic law for employees and wage earners. The draw his pension already assigned or to the benefit already paid but not yet delivered, are lost: a) conviction which has the effect or in which it is applied to the permanent exclusion of public ufficii: b) conviction for any malicious act against the state San Marino: c) conviction for embezzlement of public money was given after the award of a pension or allowance but referring to what occurred during the service. Lose also the right to obtain or enjoy the p o ltage or his wife allowances, orphans, parents and, in the case of the last part of the previous article, the heirs who suffered one of the sentences referred to in letters a and b of the this Article. Art. 9. The right to obtain or enjoy a pension or allowance is suspended while serving a punishment that involves the temporary prohibition of public ufficii. During the expiation of any deprivation of liberty (it does not matter the loss of the pension) for longer than one year, the pensions already achieved are subject to withholding half. But if the offender has a wife which is not sep rato a judgment become final, or has daughters or unmarried minors or older males unable to work or parents against him, the restraint is only one-third, and the guesthouse is donated to title food to his wife, children, parents glue any division referred to in the art. 7. Art. 10. The right to obtain a pension or allowance and the right to draw his pension, which have been lost or suspended for any of the c use of the preceding articles, will be restored when it is the rehabilitation of those who was condemned when it revoked the dismissal inflicted according to the organic law, or when they are expiated duration sentences of the article above provided that it was not applic to the redemption policy laid down in Article. 11. The recovery will begin, in the first case, the date of the rehabilitation decree; and in the second and third
If, on the day following the date of revocation or the expiry of the sentence. Art. 11. In case of loss or withdrawal of entitlement to the payment of a pension or allowance will be granted to family members (referred to in Art. 5, 6 and 7) of the offender or dismissed, the surrender value of the policy insurance. In the case of the already awarded to family pension aforementioned loss or suspension it will be assigned half of the pension which was incumbent on the employee. This assignment will cease and will restore such pension holder in place when the case indicated in the previous article. Art. 12. The Government may the employee will be placed at rest office may be entitled under the preceding Articles though I have applied for. The service that was made more 'by whom the limits indicated in Article've made. 1 and art. 2 Ranked # 2 can not be taken into account for the payment of the pension. The employee who has attained 65 years of age but not yet 25 years of service will continue until it has reached the time said the service limit. Art. 13. The useful service to the enjoyment of the pension is computed from the day when the employee has assumed the office to which he was appointed: and provided that it has completed the twenty-first year. Art. 14. In the years of service for pension entitlement is the period of time spent on leave for reasons other than health, nor the last one in expectation of judgment followed by condemnation, unless the employee does not pay, while t li periods, its own contribution and that of the government for the establishment of his pension and his family. Art. 15. For the purposes of retirement and deemed not soo computable in salary bonuses or allowances paid more for extraordinary work or granted for the release of other tasks assigned to the employee. Art. 16. Starting from the day when this law comes into force on the gross salary of employees, and up to the amount of the sum of twelve thousand lire, is performed, for the duration of the service, a withholding tax of seven percent. Remain fixed sums paid in more 'or less according to the Council Decree 30 April 1923 Ranked # 12. Art. 17. The pension will be paid to d t the Government Case-month payments under warrant issued by the Accounting and will cease with the death of him that he was entitled. Art. 18. The pension or allowance they are entitled to the imps egati and their families may not be sold, nor seized, nor foreclosed except in the cases, within the terms and the extent of Law May 27, 1899 to seizure on the pay of . Art. 19. When the pensioner still comes back to duty in the public service will not, according to the new service, see changed paying the pension: even may combine the pension and salary to total exceed the maximum salary set by organic tables for new covered service. Art. 20. The pension to employees and compensation to the heirs will be formed with the insurance contracts with the National Institute of Insurance which will give the sharing of four tenths to the company Assicurazioni Generali of Venice. Are the responsibility of the Republic any deferred additions liquidations. The government reserves the right to issue special disposizi ni deviating in this law for those employees who, as a result of the medical examination, I will put up there is not accepted by the insurance company. Art. 21. All sums which, under this Act, shall remain in favor of the government will form a pension fund. With fruity fond of this it will be, in whole or in part, provided for early retirement pensions to remain by the state as well as the payment of insurance premiums paid by the state itself. PART II. Wage earners. Art. 22. All the provisions of this Act shall also apply to employees currently in organic glues following changes: 1) pensions and direct and survivor benefits will be calculated on the starting salary: 2) withholding will be 5%. PART III. Final provisions. Art. 23. It 'abolished any other provision relating to tr ttamento retirement of employees and wage earners. This Act does not apply to cases proved true before its entry into force, which will take place immediately after the legal publication. PART IV. Transitional provisions. Art. 24. He stands the pension increase that places employees and self-employed persons retired before 1 April 1921. Art. 25. Employees and places employees retire after April 1, 1921 shall be finally settled
on the basis of the new law on pensions. The pension will be paid in accordance with the art. 17 of the Act (ie in the form of monthly allowance) after deduction of the pension corresponding to the capital any amount levied at the time of set-aside. To these retirees and employees and wage earners died in service after April 1, 1921 is extended indirect or family pension in proportion to half the pension that it would have been entitled to the pensioner or the employee or wage earner: always under deduction of any sum already collected . And this is on condition that retirees pay a withholding tax of 7% on the amount actually paid by the Fund Governmental and their families than the 3.50%. The pension to the family it always pays in accordance with art. 17 of this Act: beginning on June 1, 1926. Art. 26. A correct interpretation of previous resolutions discordant remains determined that the employees and wage earners, who served military service in the Kingdom during the 1915-1918 war, is only granted if you currently find themselves in an organic, the benefit of seeing calculated the amount of time spent in the army as spent in employment and this is the effect of the pension to that of the five-year increases. The predicted time will be calculated not only for those who, when appointed in military service were already employed, but also for the volunteers of the San Marino war that at the time of recruitment of military service were not yet employed or salaried, but were appointed these or during or after the service. Everyone must pay the withholding for the period of time which are to benefit. Art. 27. In Article. 1 Council Decree of 3 October 1921 is for all purposes that the law given the following authentic interpretation: "At first the granting of percentages for each full five years will be calculated as five-year period. Once that calculation with the fifth five-year period you will start a new count of five-year periods starting from 1910 after the adjustment with the percentages received and so that the employee or mature wage further five-year periods by calculating the percentages had in them and feeling the only possible difference in more '. " Art. 28. With subsequent arrangements will be set out the rights of retired surgeon, and doctors. Given at Our Residence this day of March 8, 1927. THE CAPTAINS REGENT Giuliano Gozi - Roger Morri p. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Francesco Morri