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Ranked # 84 Law 05/05/10 - Changes And Additions To Law 47 Of The 18 March 2008 "application Article 12 Of Law 157 November 8, 2005 - The Law Reform Of Social Security System - Measure Excerpt

Original Language Title: Legge 05/05/10 N.84 - Modifiche Ed Integrazioni Alla Legge N.47 Del 18 Marzo 2008 “Applicazione Articolo 12 Della Legge 8 Novembre 2005 N.157 - Legge Di Riforma Del Sistema Previdenziale - Provvedimento Stralcio

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LAW

SAN MARINO



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


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on May 3, 2010:


LAW 5 May 2010 Ranked # 84


AMENDMENTS AND SUPPLEMENTS TO THE LAW 47 OF 18 March 2008
"APPLICATION OF ARTICLE 12 OF THE LAW November 8, 2005 157 -
LAW REFORM OF THE SOCIAL SECURITY SYSTEM - DECISION EXTRACT"


Art.1
1 The first paragraph of Article 4 bis of Law 157 of November 8, 2005, introduced
Article 4 of Law 47 of March 18, 2008, is amended as follows:
"For each period expectantly, benefited under the Laws May 25, 1981 # 40, 13 March 1984
30, February 19, 1988 18, December 16, 1994 # 111, October 29, 2003 # 137, July 30 || | 92 of 2007, is recognized accreditation, up to a maximum of 15 months of contributions figurative
. Accreditation starts at the beginning of leave and is valid both for the right and for the measurement of pension
. For employees in the public sector and only to pension purposes,
such periods of leave not decurtano the conventional seniority. ".


Art.2
1 The periods of employment in part-time for which the employee of the Public Sector Broader
shall carry out, in accordance with Article 5 of Law 47 of March 18, 2008, the voluntary payments
to cover the contributory empty, they are considered conventional in old
solely for pension purposes, as provided full-time.


Art.3
1 An employee of the public sector, periods for which, in mind Article 6 of the Law
18 March 2008 47 is permitted to cover the insurance void by the ransom, excluded
work dependent played abroad in non-treaty countries, are counted towards seniority
conventional solely pension purposes, subject to the restrictions already provided by
Read 9 June 1976 27 and 17 June 1974 41.

1

Art.4
1 The provisions of the Acts 8 November 2005 and 157 of 18 March 2008 and 47 in the previous
Articles 1, 2 and 3, will be applied on the basis of the criteria and procedures referred to
annexes "A" and "B" to this law.

Art. 5

1 This Law shall enter into force on the fifteenth day following that of its legal publication
.


Our Residence, this day May 5 2010/1709 dFR




THE CAPTAINS REGENT Marco Conti - Glauco Sansovini



THE SECRETARY OF STATE
FOR INTERNAL AFFAIRS
Valeria Ciavatta



2
ANNEX A


Application criteria for employees in the public sector

1) Contributions for figurative postnatal leave (Article 4 - Law 47/2008 as well
as amended by this Act):
a) at ISS Pension Fund: increase the overall contribution years and then
are valid both for the maturation of the pension for the determination of the calculation of pension
;
B) for the public sector: only valid if the expectation is usufruita under
of civil servant employment relationship; the conventional seniority for pension purposes not
changes.
The registration periods will be carried out (even for previous) by various
Offices staff on the basis of the documents in the case of the same, within the limit of 15 months.

2) Payments volunteers in the presence of part-time work (Article 5 of Law
47/2008):
a) at ISS Pension Fund: increase the overall contribution payments and thus are
valid both for the maturation of the pension for the determination of calculation
pension;
B) for the public sector: only valid if the period of work has been done as a public employee
. In this case they increase the Conventional seniority solely for the purpose pension
.
The registration periods (also for previous) will be carried out by the various Offices of Personnel
based on the information that will be periodically sent by the relevant ISS Office


3) Redemption by "date of entitlement and the pension measure" (Article 6 47/2008
Law)
The redemption periods are recorded with reference to the solar period concerned.
For the redemption of the degree programs are considered the years in which you actually played the course
Legal Studies (excluding years out of course).

A) through pension fund ISS: increase the overall contribution years, and then
is valid both for the maturation of the pension which to determine the calculation of the pension
;
B) for the public sector: only valid if they refer to situations
temporally placed under the employee's public employment, excluding
redemption of degree courses, and do not involve a backdating of seniority conventional
solely pension purposes before the age of 21 years of age (18 years for the Civil Police
)
its period to redeem degree programs is added entirely seniority | || conventional long as this brings a length of service for pension purposes
prior to 21 years of age (18 years for the Civil Police).
The registration periods will be made by the various offices of the staff on the basis
communications that will be periodically sent by the relevant Office ISS

4) Redemption with "sole vesting of the right" (Article 6 of Law 47/2008)
a) at ISS Pension Fund: increase the overall contribution payments for the purpose of reaching the requirements needed for
retirement but are not considered to
when the pension is calculated;
3
b) for the public sector: only valid if they refer to situations
temporally placed under the employee's public employment, excluding
redemption of degree courses, and do not involve a conventional
backdating of seniority only to the pensions scheme before the age of 21 years of age (18 years for the Civil Police
)
its period to redeem degree programs is entirely added to seniority conventional
provided this does not lead to a length of service for pension purposes
prior to 21 years of age for the Civil Police (18th year).
The registration periods will be made by the various offices of the staff on the basis
communications that will be periodically sent by the relevant ISS Office
Considering that there are more staff at the "State regime "will be the competent
Office ISS, based on the information in its possession to exclude the possible
" Status calculation "these periods.
4 ANNEX B


Calculation and retirement for employees in the public sector that
have established the employment relationship prior to 31 January 1983 (Article 80 -
Law no.15 / 1983)

1) Retirement before the age of 60 years of age - point c) of Article 2 -
Law n.157 / 2005
The law is determined on the basis of ' "seniority" resulting at the PA and
for retirement you need the administrative order of placement in
rest. The ISS calculation is based on total contributions recorded
while the state calculation is equal to 85% of final salary.

2) Retirement for reasons of age - point b) of Article 2 - Law n.157 / 2005
The law is determined on the basis of contributions total recorded at the ISS
. And 'necessary to the administrative order of placement at rest if
l' "length of service" at the PA. It is at least equal to the minimum required contributions,
otherwise the employee shall forward the application for voluntary resignation. The calculation ISS
is performed according to the total contributions that occurred while the state calculation (only
if there is the administrative measure of retirement) is calculated as a percentage
final salary based on seniority of service up to a maximum of 85%.

3) Early retirement age or older than 60 years and at least 40 years of contributions
at the ISS - point 4) of Article 6 - Law n.157 / 2005
The law is determined based on the total contributions recorded at the ISS
. And 'necessary to the administrative order of placement at rest if
l' "length of service" at the PA. It is at least 35 years
otherwise the employee shall forward the application for voluntary resignation. The calculation ISS
is performed according to such contributions recorded, while the State
overall calculation (only if there is the administrative order of placement in
rest) is calculated as a percentage of final salary on the basis of '
length of service up to a maximum of 85% and applying, if the length of service is less than 40 years, the
disincentives in Article 9 of Law 47/2008.

4) Early retirement age or above 60 years old and from the ISS

Total contributions at or above 35 years but below 40 -Article 9
- Law 47/2008
The law is determined on the basis of contributions total recorded at the ISS
. And 'necessary to the administrative order of placement at rest if
l' "length of service" at the PA. It is at least 35 years or the employee must
advance demand for voluntary resignation. ISS The calculation is based on total contributions
recorded and with the application of disincentives while calculating
State (only if there is the administrative action of retirement) is calculated on a percentage
'final salary based on the years of service up to a maximum of 85%
and applying disincentives in Article 9 of 47/2008 Act.
5