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Of Change Statement And Of The Amount Monthly Of Family Allowance

Original Language Title: Modifica Della Normativa E Dell'importo Mensile Degli Assegni Familiari

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Microsoft Word - D064-2009.doc

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 23 April 2009.

LAW May 8, 2009 64

CHANGE OF LEGISLATION AND THE AMOUNT MONTHLY ALLOWANCES FAMILY


Art.
1 (Measurement of Family Allowances)

1. From 1 January 2009 the amount of family allowances in favor of the persons referred to in Article 2 and
mentioned in the first paragraph of Article 31 of the Decree of 26 April 1976 n. 15 is amended as follows
:
1) Euro 69.50 for the first dependent
2) Euro 90,50 for the second person charged
3) Euro 112,50 for the third dependent
4) Euro 133.50 for the fourth dependent person
5) Euro 160,50 for the fifth dependent person and for each subsequent dependent.

Art. 2
(supplementary family allowance)

1. To the entities referred to in Article 2 and the first paragraph of Article 31 of the Decree 26 April 1976
n. 15 the Institute for Social Security corresponds annually a family allowance supplement
.
2. The additional child support payment is subject to the following conditions:
a. that the person referred to in the previous paragraph and their family are actually
residents in the territory of the Republic of San Marino;
B. that the annual household income per capita corresponds to one of the following income groups:
• first level equal to or less than € 6,500.00 (euroseimilacinquecento / 00);
• second band of between € 6500.01 (euroseimilacinquecento / 01) and € 7,500.00
(eurosettemilacinquecento / 00);
• third band of between € 7500.01 (eurosettemilacinquecento / 01) and € 8,500.00
(euroottomilacinquecento / 00). 3
. The amounts referred to in point b) above are revalued annually by
delegated decree prior agreement with the trade unions and in reference to the data provided by the Centre on inflation
Data Processing and Statistics of the State.
4. The annual household income per capita is calculated by dividing the sum of the reference year income tax
of all household members for the number of members of the same
2
family after making the following flat-rate deductions, up to a maximum of
:
a. € 10,000.00 for the incurrence of costs for the payment of the installments of the loan
the primary residence;
B. € 5.000,00 for the incurrence of costs for the payment of the loan installments, assisted by
State contribution (Funded Construction), for primary residence;
C. € 6,000.00 for payment of rent incurred for the rental of the home
residence;
D. € 10,000.00 for the incurrence of expenses for continuous home care of household members
assistance for which they are certified conditions of dependency or mental or physical disability
for which it is necessary assistance and supervision continues;
E. € 6,000.00 to charge fees for attending private nurseries accredited;
F. € 3,000.00 to charge fees for attending public kindergartens.
5. For the calculation of net household income per capita, the charges referred to in the previous paragraph
are mutually cumulative and will be deducted from the core household income
only subject to the actual comprovazione incurred. In any case
the amount of each flat-rate deduction may not exceed the amount
burden actually borne.
6. For the determination of the annual household income per capita combine all income, wherever
products, who profit to members of the household, net of killing and
of analytically deduced liabilities, provided for by Law No 13 October 1984 . 91 and subsequent amendments and additions
, with the exception of liabilities provided for in the fourth paragraph, a), b), c), d),
e), f) of this Act. They are excluded from the calculation of the severance payments and emoluments
and arrears on previous years.
7. The taxable income, competitor to the formation of household income from assets autonomous
, whose gross amount is lower than the minimum established by Article 1 of Law 11 February 1983 n
. 15, is increased by the difference between the declared income and the minimum
planned for the reference year by delegated decree referred to in the fifth paragraph of Article recalled
.

8. The additional child support amount will be equal to a percentage, different for each
salary range referred to in point b) of the second paragraph of this Article, checks
family received during the calendar year of reference, excluding the increase of the first
allowance referred to in article 3, namely:
• 60% for the first income bracket;
• 30% for the second income bracket;
• 15% for the third income bracket.
9. For each child over the age of 16, attending a secondary school,
the additional child support amount will be increased by:
• 10% for the first income bracket;
• 7.5% for the second income bracket;
• 5% for the third income bracket.
10. For each child attending university courses the supplementary child allowance will be increased by
:
• 10% for the first income bracket;
• 7.5% for the second income bracket;
• 5% for the third income bracket.
11. If the holder of the right to family allowances to single-parent, the percentages referred to in paragraph
8 of this Article are amended as follows:
• 100% for the first income bracket;
• 70% for the second income bracket;
• 50% for the third income bracket.
In this case do not apply to increases in the foregoing paragraphs 9 and 10.
3
12. Stakeholders-up family in the first paragraph of this article
must submit an application to the competent office of the Institute for Security
office no later than July 31 of each year, which will liquidate the ' check within 31 March of the following year
.

Art.
3 (Increase in the presence of a child aged up to 3 years)

1. The child support amount, referred to in point 1) of Article 1 of this law,
in favor of the persons referred to in Article 2 and the first paragraph of Article 31 of the Decree of April 26
1976 n. 15, for the spouse entitled with children within the thirty-six months of life, is high:
• for the first income bracket referred to in point b) of the second paragraph of the previous article €
310, 00 (eurotrecentodieci / 00);
• for the second income bracket referred to in point b) of the second paragraph of the previous article €
155.00 (eurocentocinquantacinque / 00);
• for the third income bracket referred to in point b) of the second paragraph of the previous article €
77.50 (eurosettantasette / 50);
2. The benefit to the following conditions applies:
a. that the person referred to in Article 2 and the first paragraph of Article 31 of the Decree 26 April 1976
n. 15 and their relatives are actually resident in the territory of the Republic of San Marino
;
B. that such persons fall within the annual household income per capita calculated
in the scale and with the top down mode Article 2 conditions;
C. that the child does not frequent the service Nurseries Public or private structure similar
accredited. 3
. For the purposes of the progression of the shares relating to the provision of family allowances is
considers first charged to the spouse of the persons referred to in Article 2 and the first paragraph of Article 31 of the Decree
26 April 1976 n. 15.
4. The integration of the first paragraph of this Article shall be paid in the manner and within the time specified
last paragraph of Article 2 above

Art. 4
(Change - Beneficiaries)

1. The amount of family allowances referred to in Articles 1 and 3 can be varied with
delegated decree, in agreement with the social partners.
2. Family allowances can be paid, as an alternative, to the working woman or
retired under the same conditions and with the same limits for the employee or retiree. 3
. In case of request of both parents family allowances shall be payable to
parent with whom the child lives.

Art. 5
(postpartum expectancy)

1. A partial change and integration of Article 8 of the Decree of 26 April 1976 n. 15, the
family allowances are also payable to working women during the period of leave post-partum
benefited under Law 29 October 2003 n. 137.

Art. 6
(Finance)

1. The forecast of higher expenditure arising from application of this law is the defendant
Fund Fund Family Allowance payment of the Institute's financial statements for the Social Security
.
4
2. The second paragraph of Article 4 of the law 29 October 2003 n. 137 is replaced as follows:
"The charges arising from the payment of the allowance referred to above affect the Chapter
" Economic Compensation for Disability subordinates. "".
3
. For the period 2009-2010 the amount of 8% of the contribution revenue for the case
payment of family allowance to employees, is drawn from the Fund Compensation Fund
temporary economic performance and for part-financing of
Social and Health Services.

Art. 7
(Postponement)

1. Although not expressly provided for in this law refers to
provisions established by decree 26 April 1976 n. 15 and subsequent amendments and additions.

Art. 8
(Amendments Organic Endowment)

1. Considering the effects of this measure in terms of increased workload
in-chief to the competent office of the Institute for Social Security, is established a
additional post of Section Officer Economic Performance and Health - Level IV - referred to in Chapter V
(Office Administration), Title VIII (Department of Health and Social Security)
Annex a to Law 17 September 1993 n. 106 "Organic Endowment of the Departments, and Agencies
Sectors Autonomous Autonomous State".
2. Pending that part of the reorganization of the offices and services is determined
the new Organic Endowment for the temporary coverage of this place we will use personal
already in force in the public sector, which will be awarded by instruments under
current regulations.

Art. 9
(Repeals - Entry into force)

1. The benefits and willing introduced by this Act shall apply as from 1 January 2009
.
2. This Law shall enter into force on the fifteenth day following that of its legal
publication and repeals and replaces the Laws of 16 December 1994 n. 113 and 28 April 1999. 54
well as the inconsistent standards.



Our Residence, this day of May 8 2009/1708 dFR




THE CAPTAINS REGENT Massimo Cenci - Oscar Mina



P. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS


The secretary Gian Carlo Venturini