Of Reform Law Of Social Security System

Original Language Title: Legge Di Riforma Del Sistema Previdenziale

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Microsoft Word - D157-2005.doc
LAW 8 November 2005 n.157

REPUBLIC OF SAN MARINO TO THE SOCIAL SECURITY SYSTEM REFORM LAW




We the Captains Regent of the Most Serene Republic of San Marino



Promulgate and publish the following law passed by the Council Great and General
its meeting on 8 November 2005.




Art.1 (Principles)

1. This law reforming the pension system in order to ensure the protection and
the exercise of rights and duties provided for in Article 9 and Article 13 of Law No 8 July 1974. 59
(Declaration of the Rights of Citizens and Fundamental Principles of San Marino order
), with the aim of ensuring social security protections to the San Marino community
to safeguard the general interests, taking into account the economic sustainability and values ​​of
solidarity that inspire the social security system of the Republic.
2. For the purposes of implementing the provisions of paragraph 1, this law appears before
immediately discipline application and those to be implemented by specific laws that the State Congress
is required to submit, by proposing the text, to Great and General Council.


Art.2 (Adjustment of the parameters relating to the retirement age and contribution requirements for public and private workers
)

1. In order to ensure, in accordance with the provisions of Article 9 and Article 13 of the
Declaration of the Rights of Citizens and Fundamental Principles of San Marino order,
pensions in line with economic developments and
demographic of social security system and ensure long-term sustainability of the system, it becomes necessary to
restore a situation of equality for all recipients of social security system
San Marino.
Therefore, from the date of entry into force of this Act provides:
a) gradual raising of the retirement age to 65 years by extending the provision in the
letter A) of Article 12 of Law 11 February 1983 n. 15, as amended
by Article 1 of Law 20 November 2001 n. 118, also against
workers already operating at 31 December 2001, on the basis of the following mechanism:
- until 31 December 2007 registry age of 60.
years - from 1 January 2008 to 31 December 2008 with a chronological age of 60 years and 6 months.
2
- from 1 January 2009 to 31 December 2009 with a chronological age of 61.
years - from 1 January 2010 to 31 December 2010 with a chronological age of 61 years and 6 months.
- From 1 January 2011 to 31 December 2011 with a chronological age of 62.
years - from 1 January 2012 to 31 December 2012 with a chronological age of 62 years and 6 months.
- From 1 January 2013 to 31 December 2013 with a chronological age of 63.
years - from 1 January 2014 to 31 December 2014 with a chronological age of 63 years and 6 months.
- From 1 January 2015 to 31 December 2015 with a chronological age of 64.
years - from 1 January 2016 until 31 December 2016 with a chronological age of 64 years and 6 months.
- From 1 January 2017 with a chronological age of 65 years
b) paragraph 1 of article 82 of Law 22 December 1972 n. 41 is replaced by the following:
"The retirement ordinarily happens when they are 65 years of age.
The gradual increase in the age requirement indicated just now occurs on the basis of the following mechanism
:
- until 31 December 2007 registry age of 60.
years - from 1 January 2008 to December 31, 2008 with a chronological age of 60 years and 6 months.
- From 1 January 2009 to 31 December 2009 with a chronological age of 61.
years - from 1 January 2010 to 31 December 2010 with a chronological age of 61 years and 6 months.
- From 1 January 2011 to 31 December 2011 with a chronological age of 62.
years - from 1 January 2012 to 31 December 2012 with a chronological age of 62 years and 6 months.
- From 1 January 2013 to 31 December 2013 with a chronological age of 63.
years - from 1 January 2014 to 31 December 2014 with a chronological age of 63 years and 6 months.
- From 1 January 2015 to 31 December 2015 with a chronological age of 64.
years - from 1 January 2016 until 31 December 2016 with a chronological age of 64 years and 6 months.
- From 1 January 2017 with a chronological age of 65 years ".
C) Article 2 of Law 17 June 1974 n. 41, the first and second paragraphs of Article 20 of Law 12 November 1987
n. 131, the first and second paragraphs of Article 24 of Law 13 November 1987
n. 132, are replaced by the following:
"The retirement ordinarily happens when they are 65 years of age.

The gradual increase in the age requirement indicated just now occurs on the basis of the following
mechanism saves in service remain possibilities:
- from 1 January 2006 to 31 August 2006 with an age registry of 53 years and 6 months.
- From 1 September 2006 to 30 April 2007 with a chronological age of 54 years
- from 1 May 2007 to 31 December 2007 with a chronological age of 54 years and 6 months.
- From 1 January 2008 to 31 August 2008 with a chronological age of 55 years
- from 1 September 2008 to 30 April 2009 with a chronological age of 55 years and 6 months.
- From 1 May 2009 to 31 December 2009 with a chronological age of 56.
years - from 1 January 2010 to 31 August 2010 with a chronological age of 56 years and 6 months.
- From 1 September 2010 to 30 April 2011 with a chronological age of 57 years
- from 1 May 2011 to 31 December 2011 with a chronological age of 57 years and 6 months.
- From 1 January 2012 to 31 August 2012 with a chronological age of 58 years
- from 1 September 2012 until 30 April 2013 with a chronological age of 58 years and 6 months.
- From 1 May 2013 to 31 December 2013 with a chronological age of 59.
years - from 1 January 2014 to 31 August 2014 with a chronological age of 59 years and 6 months.
- From 1 September 2014 to 30 April 2015 with a chronological age of 60 years
- from 1 May 2015 to 31 December 2015 with a chronological age of 60 years and 6 months.
- From 1 January 2016 to 31 August 2016 with a chronological age of 61 years
- from 1 September 2016 to 30 April 2017, with a chronological age of 61 years and 6 months.
- From 1 May 2017 to 31 December 2017 with a chronological age of 62.
years - from 1 January 2018 and 31 August 2018 with a chronological age of 62 years and 6 months.
- From 1 September 2018 to 30 April 2019 and a chronological age of 63 years
- from 1 May 2019 31 December 2019 with a chronological age of 63 years and 6 months.
3
- from 1 January 2020 to 31 August 2020 Use a chronological age of 64 years
- from 1 September 2020 al 30 April 2021 with a chronological age of 64 years and 6 months.
- From 1 May 2021 with a chronological age of 65 years ".
2. The requirements in the second paragraph of Article 82 of the Law of 22 December 1972 41
for early retirement, provided the count relating to the award of
board, are amended as follows:
- up December 31, 2007 35 years of service and at least 56 years of chronological age;
- From 1 January 2008 until 30 September 2008 35 years and 6 months of service and at least 56 years and 6
months of chronological age;
- From 1 October 2008 until 30 June 2009 36 years of service and at least 57 years of age
registry;
- From 1 July 2009 until 31 March 2010 36 years and 6 months of service and at least 57 years and 6 months of chronological age
;
- From April 1, 2010 to December 31, 2010 37 years of service and at least 58 years of age
registry;
- From 1 January 2011 until 30 September 2011 37 years and 6 months of service and at least 58 years and 6
months of chronological age;
- From 1 October 2011 to 30 June 2012 38 years of service and at least 59 years of age
registry;
- From 1 July 2012 to 31 March 2013 38 years and 6 months of service and at least 59 years and 6 months of chronological age
;
- From 1 April 2013 until 31 December 2013 39 years of service and at least 60 years of age
registry;
- From 1 January 2014 40 years of service and at least 60 years of age. 3
. The above provisions, the purpose of the maturation of the age requirement and contribution, you
deemed to be met in the month in which this requirement is reached.


Art.3 (Changing the measure of performance)

1. The date of entry into force of this Act, to change the current regulations
about the procedures for determining the extent of the pension benefits of workers
employees, public and private, self-employed and freelancers, the monthly pension
amounts, for each year of contribution to the 2% applied to 50% of the wage roof useful for pension
, under the Decree 2 February 2005 n. 19, as amended, and 1.5% on the amount exceeding
and in any case until the wage roof.
2. The salary or the average monthly income is determined as follows:
a) for employees proceed to the sum of annual earnings recorded in
insurance positions for the last 10 calendar years prior to retirement, after having revalued
the same amount corresponding to the annual index change in the cost of living
between the calendar year where the income relates, and that prior to the effective date of retirement,
with the prohibition to exceed the maximum rate of pension than last salary monthly
of individual percipient;
a-bis)
for self-employed and freelancers we proceed to the amount of annual income
registered in the insurance positions for the last 15 calendar years prior to retirement,
after having revalued the same correspondingly the annual index change in the cost of living between
the calendar year which the income refers, and that prior to the effective date of retirement
, with the prohibition of exceeding the maximum percentage of the board since the last || | annual income of individual percipient;
B) division of the sub sum) by the number of daily useful contributions credited in the period
taken as the basis for calculation;
4
b-bis) dividing the sum sub-bis) to the number of useful daily contributions accredited in
period as the basis for calculation;
C) Multiply the result sub b) or sub b-bis) to 16,615. 3
. At retirement, the insured persons enrolled in the mandatory pension fund,
that at 31 December 2005 have accredited at least 216 days of contribution, is recognized
, whichever is more favorable than that indicated in paragraphs 1 and 2 of this Article, the following
calculation of the size of the pension benefit:
a) determination of a pro rata calculated on the basis of contributions credited to 31 December 2005
with the criteria established in Article 32 of the Law of 11 February 1983
15 and subsequent changes, except for the expected multiplier of 18 who becomes:
- 17.5, if the pension has effect in 2006;
- 17, if the pension has effect in 2007;
- 16,615, if the pension as from the year 2008 and later.
B) determination of an additional pro rata to the contributions accrued after the 1st
January 2006, on the basis of the rules laid down in paragraphs 1 and 2 of this Article, if there are at least 216 days
accredited. If not all contributions will be calculated on the basis of the upper
point a).
C) the sum of the two pro rata represents the total amount of the pension accrued by
subject.
4. The date of entry into force of this Act and for the next five years, the roof
pay under the Decree February 2, 2005 # 19 remains fixed in the measure currently in force.


Art.4 (Changing tax rates)

1. The contribution rate for employees, referred to in paragraph 2 of Article 5 of Law
February 11, 1983 15, amended by Article 16 of Law 156 of 20 December 1990, increased the
6% in the following ways:
- January 1, 2006, at 2% of which 1% is paid by employers and 1% of
workers.
- January 1, 2007, at 2% of which 1% is paid by employers and 1% of
workers.
- January 1, 2008, to the extent of 1% paid by employers.
- January 1, 2009, to the extent of 1% paid by employers.
2. Since the entry into force of this Act the contribution for cash compensation checks
family, referred to in Article 10 of Law 156 of December 20, 1990, decreased by 1.8% and in the same measure
it is increased the percentage of the contribution pension fund for employees
. 3
. With reference to the self-employed contribution rate increase it is
according to the extent of the imbalance of the pension fund membership.
Since the entry into force of this Act, the minimum wage provided for in Article 46 of the Law of 18 December 2003
165, is established in the amount of € 18,000.00.
With effect from 1 January 2006 the contribution rate for the Pension Funds Entrepreneurs, Freelancers and
agents, representatives and brokers is determined to the extent of 11%;
from 1 January 2007 the contribution rate for the Pension Funds Entrepreneurs, Freelancers and
agents, representatives and brokers is determined to the extent of 12%; from 1 January 2008
the contribution rate for the Pension Funds Entrepreneurs, Freelancers and agents,
Representatives and Mediators is determined to the extent of 13%.
4. The amount of the imbalance will be determined in a special law that the
State Congress is required to present, proposing the text, the Great and General Council within 90 days
5
from the date of entry into force of this Act. That law shall be governed
the mode of assessment of the contribution tax base.
5. Since the entry into force of this law is abolished the transfer to the Fund Municipality of
Risk Reserve of point 3) of Article 90 of the law 11 February 1983 n.15. The balance of

Mutual Fund Risk Reserve at December 31, 2005, including the transfer of
results of the financial year 2005 is maintained as a balance sheet item
Social Security Institute, with the purpose referred to in subsection 2 of the same Article 90 and Article 45 of the Law of 18 December 2003
165. In each subsequent year, the balance of the above Fund will be increased by
yield effect from the investment of the sum set aside.


Art.5 (equalization of pensions)

1. Article 3 of Law 25 February 1998 n. 38 is hereby repealed. Consequently, as
from 1 January 2006 and with effect from 1 January of each year the amounts of ordinary pensions
are revalued based on the index of consumer prices for the previous year for || | families of workers and employees announced by the Office of Economic Planning.
2. For the period of implementation of the provisions referred to in paragraph 4 of Article 3, the percentage of the annual reassessment
is defined as:
- if the monthly amount of pension is equal to or less than € 1,400.00 the percentage it is equal to 100%;
- If the monthly amount of the pension is between € 1,400.01 and € 1,700.00 the percentage is 87.5%
;
- If the monthly amount of the pension is between € 1,700.01 and € 2,000.00 the percentage is 75%
;
- If the monthly amount of the pension is between € 2,000.01 and € 2,300.00 the percentage is 62.5%
;
- If the monthly amount of the pension is between € 2,300.01 and € 2,600.00 the percentage is 50%
;
- If the monthly amount of pension is more than € 2,600.00 the percentage is 37.5%.


Art.6 (age and contribution requirements)

1. Discipline enshrined in Article 2 and Article 3 must be related to the following rules in
regarding age and contribution requirements.
2. The minimum number of contribution years for entitlement to a retirement pension established
Article 12 point b) of the letters A) and B) of the Law 11 February 1983 n. 15 is elevated to
20 years, equal to n. 4,320 daily contributions. 3
. The date of entry into force of this Act the insured person who has completed 15 years of contributions
becomes entitled to a retirement pension on the effective dates specified in
Articles 2 and 3 above. For the subject ensured that the entry into force of this Act does not
has gained 15 years of contributions and has turned 58 years of age are required for the purposes of
old-age pension 16 years of contribution. For the subject ensured that the entry into force of this Act
has not completed the 15 years of contribution and accomplished 57 years of age are required
purposes of the retirement 17 years of pension contributions. For the subject ensured that
entry into force of this Act has not completed 15 years of contributions and has made
56 years of age are required for the purposes of retirement 18 years of pension contributions.
For the insured person that the entry into force of this Act has not completed the 15 years of
contribution and has done 55 years of age are required for the purposes of old-age pension 19 years of contribution
.
6
4. The subjects insured, with the exception of workers in letters a) and d) of Article 1 of
Law no.15 / 1983, who have gained seniority contribution equal to 40 years of age and registry
at least 60 years become entitled to pension benefits regardless
from the requirements of Article 2 of this law.



Art.7 (Incentives and Disincentives)

1. If the insured person, with the exception of employees referred to in Article 1, letter a) and d) of the Law
February 11, 1983 15, subject to the age requirement of 60 years of age, with a requirement
contribution equal to or greater than 35 years but less than 40 years, decides to enter the
pensions, the extent of the latter will be reduced by 4% for each year of
missing contribution to the achievement of the contribution requirement provisions of paragraph 4 of Article
precedent and in any case for a period not exceeding that missing for
reaching 65 years of age and in proportion to each part of the year.
2. To employed persons who have acquired the right to pension benefits according
The deadlines imposed by paragraph 4 of the previous article and decide to remain in service,
the overall contribution rate destined to the pension fund, upon request, is
paid in payroll to the employee to the extent of 80% and the remaining 20% ​​is attributed to the bottom
pensions.

In such cases, the pension when the request is calculated by taking as a basis the incomes of
last 10 calendar years prior to the incentive above request, re-evaluated based on changes in the index of annual
cost of living between the calendar year to which the income and the previous
the effective date of retirement. 3
. For self-employed persons referred to in paragraph 4 of the preceding article, who have acquired the right to pension benefits
according to the same paragraph and who decide to remain in service
, the contribution rate destined to the pension fund, upon request , it decreased the extent
80%.
In such cases, the pension when the request is calculated by taking as a basis the incomes of
years prior to the reduction of the contribution, re-evaluated based on the annual index changes in the cost of living between the
' calendar year to which the income and the one preceding the effective date of retirement
.
4. The amount of the incentive provided for in paragraph 2 thus determined is not subject to general
on Income.
5. The worker in the conditions of paragraphs 2 and 3 of this Article has the right to obtain
ISS or other affiliation certification of the right to the benefit pension
. It is understood that the pension benefit that will be paid to workers who have taken advantage of the incentive
in the previous period will be equal to that which would have been entitled to the same
the date of legal certification, supplemented by revaluations equalization occurred.
6. Since the entry into force of this Act the incentive provided for in Article 22 of the Law of 20 December 1990
156 is applied on the basis of the combined provisions of clauses 2 and 6.
7. Since the entry into force of this Act is repealed b) of Article 17 of Law No.
. 156/1990, with the exception of insured persons who, on the date of entry into force of this Act
, already obtained the right to use the regulatory provisions that repeal.


Art.8 (Adjustments to the minimum)

1. The second paragraph of Article 52 of Law 11 February 1983 n. 15 is amended as follows:
7
"The supplementing the minimum it must be requested by the insured who must
declare not to make use of other pension or ongoing provision of any kind
paid by the State or by any of the Social Security Institution Republic or foreign state, other
income of any kind or origin, of not having land rents generated from property owned estate
and not producing other income, excluding the portion pertaining
habitual residence , for a total annual amount equal to or greater than € 1,200.00.
This amount is reviewed annually by the same conditions set out in Article 5 of this Law
.
In the presence of annual revenues exceeding € 1,200.00, if the same, added to the amount of accrued annual pension calculation
, do not exceed the minimum pension amount related to
year, recognized the pensioner dispensing the difference up to the amount of the minimum pension
.
As from 1 January 2006 the provisions of the preceding paragraphs shall also apply to pensioners
to which the Institute for Social Security provides integration to the processing minimum
. The same is still preserved, in the presence of certain other income
with the criteria listed above, the right to receive the amount paid on 31 December 2005 until
The annual revaluation amount in calculating the pension, effected as willing
Article 5 of this Act, not exceeded the amount itself.
For the purposes of the checks referred to in this paragraph of the Institute for Social Security
can access the data of incomes of natural persons Tax Office. ".

Art.
9 (social security equalization fund)

1. As part of the budget estimates for the financial years 2006/2010, there will be a
special budget allocation, whose resources are allocated to support the newly-formed
complementary pension scheme in respect of young people who become part of the
social security system, regardless of the sector they belong to.
2. For the purposes referred to above it is set up the equalization Provident Fund, the statute will be arranged with
Regency Decree within six months from the entry into force of this Act.
The Fund aims to award of contributions to insured pension fund for
Supplementary pension.
3
. Appropriate legislative, through reggenziale decree will define criteria and procedures for allocating
to individual policyholders, after comparison with the social partners.



Art.10 (Council for Security)

1. Article 25 of the law 30 November 2004 n. 165, entitled "Functions of the Council for the Welfare
", is replaced by:
"The Council for the Welfare carries out the security management functions, and related
funds, including the examination of appeals already granted by the Council regulations of the ISS

Administration also plays advisory role towards the State Congress on
retirement planning tools and on the fundamental acts of the Institute for Social Security.
The Board is required by the State Congress, to express mandatory opinion, the following acts
:
- Budget of the Institute for Social Security, for the part of its competence;
- Investment Plan of the Institute for Social Security for the part of its competence.
8
They are also attributed to the Board of assessment tasks and the dynamics
monitoring of pension costs and the effects of the reform of the public pension system.
In this direction prepares, at least every two years, a report in aspects
economic-financial and management regarding the public pension system, in order to monitor their
financial sustainability.
The Secretary of State responsible for Social Security or a delegate intervenes with
advisory vote in the meetings of the Council. ".


Art.
11 (Transitional provisions)

1. For insured persons who accrue the requirements of Article 12 of Law 11 February 1983
15 by 31 December 2005 and intend to continue working beyond that date, the calculation of the pension
payable will be made on the basis of the rules contained in Article 32 of the Law
February 11, 1983 n.15 and subsequent amendments and additions.
2. For workers who, in the years 2006, 2007, 2008, meet the requirements to the right to
ordinary old-age pension and intend to continue occupational,
if the termination date of the asset and shall begin on the board in the following years, the calculation
amount of pension payable will be made on the basis of the rules laid down in this
law for the period in which both age and years of contribution accrued the age requirement. 3
. The provisions of paragraphs 1 and 2 of this Article shall also apply to insured persons falling within
willing referred to in subparagraph c) of paragraph 1 and paragraph 2 of article 2 of this Act
.
4. However, in the cases referred to in the preceding paragraphs is subject to the application of the provisions of
in Article 7 of this Act.


Art.
12 (Consolidated)

1 In order to simplify and rationalize the existing social security system and the Great Council
General will to enact, within 18 months from the date of entry into force of this
law, a consolidated text of the laws in social security aimed at
modify, amend, extend and expressly repealed regulations as well as to coordinate
discipline of the supplementary pension system with the overall social security framework.
2. In single text, after negotiation with the social partners, will be provided:
- forms of social security coverage for atypical working relationships and permanent working arrangements;
- The imputed contributions;
- Minimum pensions;
- Job performance of older people;
- Optional contributions;
- The institution of the redemption of periods of unemployment;
- The revision of Law 20 March 1997 n. 38;
- The criteria for the right to survivors' pension;
- The recognition of the status of living together without being married, properly certified;
- The criteria for determining when mixed contributory careers;
- The definition of the State's contribution paid to the pension funds;
- The establishment of a marked contribution to fairness among pensioners and the insured;
- The revision of the criteria for receiving the social pension.

9


Art.13 (Entry into force)

This Act comes into force on 1 January 2006.





Our Residence, this day of 11 November 2005/1705 dFR





THE CAPTAINS REGENT
Claudio Muccioli - Antonello Bacciocchi







THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

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