LAW 22 December 1955, n. 42
Reordering of the law in 1950, n. 10
Introduction of a system of compulsory Social Security
LAW ESTABLISHING A SYSTEM OF MANDATORY SIC urity SOCIAL

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 22 December 1955
:

TITLE I Establishment of a system of compulsory Social Security Art.1-

and 'set up a mandatory system of Social Security which contemplates the provision of benefits health
, temporary economic performance, economic performance of annuities, check
family, of welfare benefits.
It draws inspiration from the statuesque principles of the Republic and the new requirements of civil society.

TITLE II Chapter I ° 5


Health Benefits Art. 2 -
With effect from 1 February 1956 are entitled allepr health stations, in the manner and within the limits
under this law, all San Marino citizens affected by the disease, of whatever age,
sex, condition, activity, income, regardless of whether their income, or those
people who load they live, has been pgata tax for Social Security referred to
articles 14 and following of this law.
They also entitled to those benefits, in the same terms applicable to the citizens,
foreigners and stateless persons who are in possession of the permit to ggiorno least a year.

5 Art.3 -
Health services guarantee:
a) diagnostic tests;
B) medical and general assistance;
C) support doctor-specialist;
D) hospital admissions and surgical interventions;
E) assistance for tuberculosis;
F) provision of medicines;
G) obstetric care;
H) the provision of working aids.
The health benefits are provided free of charge either directly through the Hospital and
State Pharmacies managed by the Institute for Social Security in art. 53 of this Act,
by doctors and midwives conducted conducted all dependencies of the Institute for Social Security
, as well as through nursing homes and medical specialists affiliated with the Institute or at such
the medium will be initiated by the Institute's it.
With the exception of travel expenses referred to in Articles 6 and 8 of this law, it is not permitted
reimbursement of expenses incurred in their attestation from for health care of any kind they are
. 5


Art.4- Diagnostic tests referred to in ar icle consist of:
- radiography;
- Laboratory analysis;
- Electrocardiographic examinations;
- Basal metabolic rate.
To complete the investigations the person entitled to health services will be issued with special authorization
by the doctor of art. 5 of this Act.
The authorization must be endorsed by the Institute for Social Security.
Diagnostic tests referred to in this article will be performed at the State Hospital
managed by the Institute for Social Security.

5 Article 5 -
The assistance consists of general medical care and general medical visit, in medical performance
General, in hypodermic and intravenous therapy and minor surgical procedures.
The assistance doctor-general is being implemented through the work of doctors conducted, employed
Institute for Social Security, each of which has jurisdiction over a part of the territory of the Republic
.
The citizen bisognevole care physician-general must consult with the local doctor
in whose jurisdiction he resides.
It 'however, given the opportunity to make use - for each disease cycle - the doctor of another pipeline,
in place of the one in whose jurisdiction is the residence of the assisted.
The medical and general assistance will be carried out both at the doctor's office conducted as
at the assisted home. It will be made, as well as in all times of the day, even in nighttime
in an emergency. 5 Art.6

-
Assistance medical specialist is implemented attr to the work of medical specialists,
affiliated with the Institute for Social Security. This work - as appropriate - will be paid, except in cases of urgency
, in certain days, or in the offices and clinics of specialists affiliated
, or at the State Hospital.
The dental care consists solely of conservative and surgical care. It is
excluding dentures applications.

If the assisted services to benefit from medical-care specialist, is forced to go out
territory of the Republic, or in any case the expense of travel, he will be entitled to full reimbursement of
spent thereon encountered. To obtain physician-specialist
the assisted will be issued with a special request from the doctor of art. 5.
The request must be approved by the Institute for Social Security.
In the event that the necessary assistance is that dental authorization, will be released at
directly assisted by the Institute for Social Security, without the prior request of the medical
conducted.

5 Article 7 -
Hospital admissions will be made at the State Hospital run by the Institute for
Social Security in cases of acute disease, not treatable at home, and in cases in which they make
necessary surgical intervention.
The hospitalization - except in cases of urgency - will be required for the assisted medically
conducted in art. 5. The request must be approved by the Institute for Social Security
. 5

Art.8 -
The assistance consists tuberculosis - as well as in emergency hospitalization - in home care, namely in
sanatorium admission (including all treatments, interventions and means
needed therapeutic healing of the sick) that, as appropriate, will be arranged in relation to the gravity of the affection
tuberculous Institute for Social Security.
The sanatorium admissions will be done at the clinics affiliated with the Institute for
Social Security and must be - like home dellacura - authorized by the specialist physiatrist
agreement with the aforementioned option. The authorization shall be subject to approval of
Institute.
The resignation from the nursing home, namely the termination of home care, they will be arranged by the Institute for Social Security
with an appropriate declaration of recovery or stabilization clinical
, or continuation of care in the clinic .
If the resignation from the nursing home, namely the termination of home care, to take place
continuation of treatment in the clinic, the care recipient will benefit the necessary performance.
The travel expenses related to the admission of the sanatorium 'assisted
are the responsibility of the Institute for Social Security. 5

Art.9 -
The supply of medicines is done by the three state pharmacies, managed by the Institute for Social Security and
operating in town, Borgo and Serravalle, on presentation of
relative prescription, which must be made on special recipe of the Institute for Social Security and ch
will be released from the assisted medical officer referred to in Article 5, or from one of the doctors affiliated specialists
with the Institute for Social Security.
From the supply of medicinal products are excluded apprecchi prostheses of any kind, the rubber
objects, the healing tools and the like, dietary items for infants not having the character
medicated, the perfumery articles.

5 Art. 10 -
The obstetric care is carried out in case of childbirth or miscarriage through the work of midwives
conducted in the employ of the Institute for Social Security, each of which has jurisdiction over a part
the territory of the Republic.
The student will have assisted at the conduct midwife, in whose jurisdiction it resides.
It 'however, given the opportunity to make use of a midwife other conduct, in place of that in whose jurisdiction is the
dell'assistita residence.
The pipelines midwives may be called to address dell'assistita at any hour of the day
and, in an emergency, even at night.
The Hospital admission of dell'assistita State is mmesso only in case of childbirth or dystocial,
however, the apparent gravity. In these cases, they apply the provisions in the last paragraph of Article
. 7 of this Act.
The obstetric care also includes the free supply of obstetrical kit that will be taken
not before the sixth month of gestation performed at one of the state pharmacies,
upon presentation of the completed application form from ' conducted midwife.

5 Art.11 -
The supply of labor implants will be performed by the Institute for Social Security only in casinos
where the supply itself is a result of disability is made necessary produced by a
injury occurred due to violent causes during work.
In the cases above, the Institute for Social Security is required, in addition to the first supply of

Work dentures, also with the renewal of them, however, as long as it had a deadline set by
same Institute. And that in order to ensure the proper maintenance of the equipment by the individual
.
The provision of prosthetic work entitled:
a) employees and independent;
B) those for assignment or interest of the company perform management functions or
supervision of works, although these do not materially participate.

5 Art.12 -
The Institute for Social Security has the right to check with the diagnostic means it deems appropriate
diagnoses, prescriptions for medicinal, treatment, authorizations.
The persons entitled to health care, medical employees by the Institute for Social Security or
affiliated with it and midwives conducted can not refuse to submit to the control
in the previous paragraph.
The resident who, without good reason, refuses to submit to the check shall be punished by a suspension from
entitled to health benefits for a period of one to ten months.
Physicians - employees by the Institute for Social Security or affiliated with it - and ostetrich conducted
who refuse to provide the elements for control of the first paragraph of this article
are punished by a fine of L.1000 to L.10.000 and, in particularly serious cases such
recognized by the Commission for Assistance, with a long suspension or dismissal
in the trunk, or termination of the agreement .

5 Art.13 -
Anyone simulate disease to obtain for himself or for other undue benefits, in addition to the sanctions
by criminal law for possible malicious action, is liable to a fine of L.1000 to L.5000.
Physicians - employees by the Institute for Social Security or affiliated with it - and ostetrich
pipelines that would release fake certificates or the mentally ill false prescription drugs to get to
other undue benefits or to profit from the fees or who refuse or who condition the
their professional services to the payment of fees or payments of any kind, in addition to
penalties prescribed by the criminal law for any malicious action, shall be punished by a fine of || | L.5.000 to L.20.000 and, in particularly serious cases recognized by the Commission for Assistance
, with a long suspension or dismissal, or termination of
Convention.

Chapter II Financing of health services

5 Art.14 -
The costs for the delivery of health services covered s year:
a) from a tax on security social;
B) by a State contribution.

5 Art.15 -
The tax on Social Security is:
a) in a normal proportional taxation that is applied to all income
currently subject to income tax as well as to the agricultural income pertaining to the settlers and the income of the category VI of
under article 3 of the law 16 March 1922, n. 10. The rates of this tax vary in the manner hereinafter indicated
:
- Group I (salaried employees by industries; wages will state employees; employees employed by
industries, banks, etc .; used by employees State, from crafts salaried employees;
cafeteria workers; Gendarmerie and armed forces; workers and employees still dependent
third; hawkers doing business): 3%;
- Group II (the colonial labor income; income agr rio relating to settler; cooperatives stonemasons, bricklayers
, etc .; professions, arts, etc .; civil buildings): 4%;
- Group III (income dominicale of cltivatore owner; agricultural income pertaining to the owner
farmer): 5%;
- Group IV (trades and crafts; industrial buildings): 6%;
- Group V (industries and other entities subject to the financial statements; Owner cadastral income not
farmer; agricultural income pertaining to the owner no farmer; pure capital): 7%;
B) in a complementary progressive taxation on the same income is currently subject to supplementary
.
The rates of this tax and the same criteria are those currently in force for the tax complementary
.
The tax for Social Security - limited to the income referred to Group I of the letter a) and
exception of those relating to street trading activities - is levied directly from
Institute for Social Security, by applying a load of employers
a contribution of 3% of the remuneration of workers and dipendti with recourse on the latter by
part of employers themselves.

For the purposes of the obligations on employers in the preceding paragraph, apply, as
applicable, the standards referred to in Chapter IV of Title III of this Act.

5 Art. 16 -
In determining the income to be subject to tax for Social Security must be kept
present, in addition to the income subject to the imposition normal, even the incomes that are produced abroad
but are enjoyed in State.
The tax for Social Security is payable by January 1, 1956, and also applies to foreigners and stateless persons
who are in possession of a residence permit for at least a year.

5 Art. 17 -
Although not covered in art. 15 and 16 of this Act and as with these non
conflict, it makes express reference to the law 16 March 1922, n.10.

5 Art. 18 -
The State contribution in art. 14 will be determined annually on the occasion of
compilation of the budget of the State, at the proposal of the Commission for Assistance
the basis of a report by the Institute for Social Security. TITLE III Chapter I


temporary economic performance

5 Art. 19 -
They are entitled to temporary economic performance, in the manner and within the limits laid down in this
law, anyone - whether or not San Marino citizens - which they participate, as
of employees by the State or entrepreneurs (San Marino citizens, foreigners or stateless persons
natural or legal persons) which perform activities within the territory of the Republic
.
For the purposes of this Act dipendti workers are those who - regardless of its age, gender, the
condition, income - outside the home or in the latter, pay permanently, || | temporary, temporary, occasional, exceptional their manual or intellectual work behind
pay and employed and under the direction of an employer.
They are considered employees also:
a) family members of the employer, provided esplichino gainful employment in a state of subordination
at their joint;
B) workers to family services that perform their work at a household
for at least four hours a day.
What is the duration of the service are not considered employees who
waiting to family services to persons which are united by their relationship or affinity within the third degree
. Family services are those made with a family from domestic staff
proper, from tutors, companions of people, nurses, janitors, drivers, grooms;
C) religious, but when I gave the gainful activity explicated employed by third parties are not concrete
nell'esplicazione the only spiritual ministry;
D) Members of regularly constituted societies, where come into regular employment with the company
. Directors, managing directors or directors and in general all those who
have, by virtue 'of corporate offices, representation and administration of the company, can not be considered
employees by the company itself, if not in the event that the employment relationship at the time of pre-exists
nomination as director or advisor and persists distinctly after the appointment in
all its effects, or both insurgent distintament at the moment of appointment as social charge for
effect of incorporation of the company;
E) members of society work cooperatives and production also in fact, consist in whole or in part
by the employees, when members themselves are employed in the work undertaken by the Company;
F) apprentices still paid;
G) home workers who perform work to wage on behalf of an entrepreneur in his own home
or in rooms that are not attributable to the contractor, nor subject to its supervision direct
. They are not considered employees those homeworkers who do not
relationship of subordination with a contractor, and here at home workers who, in their own
activities, you are assisted by other persons, here in case they assume, in against these,
to the effects of this law, the robe and the employer's obligations.

5 Art. 20 -
The temporary economic performance guarantee;
A) a daily allowance for temporary incapacity to work;
B) a daily allowance in case of unemployment. Chapter II allowances for temporary inability to work


5 Art. 21 -
The daily allowance referred to in subparagraph a) of the preceding article shall be due from the

1 February 1956 whenever those interested they are, due to illness, in a state of total temporary disability
amounts that the total abstention and the fact of their usual work for more 'than three days
.
In cases of pregnancy and childbirth the state of total temporary disability referred to in the previous paragraph
is presumed to exist for the 3 months preceding the expected date of delivery and for two months
childbirth itself, periods, these, during which it is forbidden to assign women to work.
The daily allowance will be paid for the entire duration of temporary disability, from
first day of this, provided that the worker has complied with the standards referred to in Articles. 00:25
of this Act. If the employee's noncompliance to the above rules, the allowance will be paid
the date on which the employee having made a declaration, for the first time, the
state of temporary disability by the medical officer. The worker, in a state of temporary disability
, must - on pain of suspension from the allowance - to undergo a medical examination
least once a week.
In cases of pregnancy and childbirth allowance will be paid on condition that the working - when
which requires disbursing - is busy, or registered as unemployed at the
'Employment Office, at least for six months.
If the birth occurs at a later date than that specified in the certificate under Article. 25,
the daily subsistence payment related to the pregnancy period is suspended
at the expiration of the first three months of absence from work and is taken from the first day of confinement for the duration of two
months.
The patient will still enjoy the daily subsistence allowance referred to in this article for more '
180-day solar year, whatever the number, duration and causes of disability temporary periods
he suffered during the same year.

5 Art. 22 -
Where the disability mentioned in the first paragraph of art. 21 is due to TB disease,
the allowance will also be paid for the duration of six months following the declaration of healing,
clinical stabilization, continuation of care in mbulatorio.
In such cases, the allowance will be paid even if the sistito to have resumed its normal activities
work before the expiry of the six months.
The allowance granted under this Article paragraphs apply the provision in the last paragraph of the previous article 21.


5 Art. 23 -
The economic benefits referred to in subparagraph a) of Art. 20 is equal to 50% of the daily wage paid to the worker
in the period before the start of the temporary disability status, and is delivered also
public holidays.
The allowance is reduced by half if the employee profit on hospital or sanatorium.
The allowance is paid by the Institute for Social Security with weekly deferred payment
.
For daily wage paid to lavoratre in the period before the beginning of the state of temporary disability means
:
- for day or per week in paid employment, the remuneration in overall perceived
' last week before the disease divided by 7;
- For employees earning at different pay periods, the overall remuneration perceived by them
last quattordicina, fortnight or month preceding the disease divided respectively for 14, 15 or 30
;
- For paid workers exclusively by the piece or by and for home workers, the
complex of remuneration perceived by them in the last period before the disease
divided by the number of normal working days needed the average for the execution of the work. This
average number of working days will be established by the Institute for Social Security in agreement with
trade unions - regularly recognized - the workers concerned;
- For workers paid by the day, week, quattordicina, fortnight or month -
if the employment relationship had begun during the pay period p of the onset of the disease - the complex of the
remuneration perceived by them from the beginning of the employment relationship until the day of onset of the disease divided by
its days;
- Only for workers paid by the piece or at work or home workers -
if the employment relationship had begun during the pay period of the onset of the disease
- the complex of their monthly remuneration

For the executed job divided by the number of normal working days required on average for
the execution of the work. The calculation of the compensation, as well as the average number of working days
, will be established by the Institute for Social Security in agreement with trade unions
- regularly recognized - the workers concerned.
For the remuneration complex is anything that the employee has been paid in cash or in kind
directly by the employer for the work compensation paid, net of any withholding tax.
There must be computed the sums paid to the employee by way of:
a) family allowances;
B) annual or periodic gratification, such as the month and the weeks that exceed normal, as
thirteenth and double monthly salary and 53 weeks;
C) Transport allowance or per diem reimbursement that have the character of expenses incurred by the worker
for the execution or during the work;
D) compensation for holidays not taken;
E) compensation in lieu of notice and seniority.

5 Art. 24 -
The worker - in case of absence from work due to temporary disability due to illness common
, tuberculosis, occupational diseases, accidents at work - must be sent to
own special employer medical statement the status of temporary incapacity to work.
This declaration must be made on special forms of the Institute for Social Security by
doctor.
The worker will have to take care so that such a declaration - which also counts as proof
absence from work - may be reassigned to his work dat King than the third
day following that on which the employee has It started absence.
Happened healing, your doctor finds that, compile special statement
stating the day when the employee can return to work. Such declaration shall be
released immediately to the doctor to the worker, ch will deliver it to your employer
work.
In the event that the period of temporary disability will begin with an emergency admission at the Hospital,
the declaration mentioned in the first paragraph of this ar icle will be drawn from the Hospital which will directly
- replacing the employee - to put the same statement to the employer
work within the period mentioned in the third paragraph of this article.
In the case that the termination of the temporary incapacity persists to happen with the resignation of
worker State Hospital, the declaration referred to in the fourth paragraph will be drawn up from the hospital.

5 Art. 25 -
The working - within the first three days of the period of compulsory leave from work for pregnancy
- must submit to their employer a special declaration, which must be drawn up
, on forms of ' Institute for Social Security, conducted by the midwife and in which,
among others, will be the expected date of birth.
At the end of the two months following childbirth, the Institute for Social Security shall transmit to the appropriate working
declaration of the end of the compulsory period of leave from work.
This declaration must be returned by the data to your employer to
justification of his return to work.

5 Art. 26 -
The employer - if the employee's absence from work due to temporary disability
due to common disease, tuberculosis, professional malatti, work injury,
pregnancy and childbirth within two days receipt of the declaration referred to in art. 00:25 -
must fill out and put back, by postal raccomandat or by hand, at the Institute for Social Security
, the special modulo- questionnaire prepared by him and containing the wage data
related to the employee in question. The employer that provides the Institute for Social Security
inaccurate data or otherwise not conforming to reality is punishable by a fine of L. 5,000 to L.
20,000.

5 Art. 27 -
Regardless of the provisions of art. And Article 24 of this Law. 11 of Law 24
January 1939, n. 2, the employer must report the Institute for Social Security the
injuries from which employees hired workers are affected and which are not curable prognosticati
within three days.
The accident report must be made within two days of the date on which the employer
I heard the news.

5 Art. 28 -
If during a period of temporary disability - due to common illness, disease
tuberculosis, occupational diseases, accidents at work, pregnancy and childbirth - when a

The assisted hospitalization at the State Hospital or a discharge from the hospital state that
does not involve the cessation of temporary disability status, the State Hospital is required to give immediate notice to
'Institute for Social Security.

5 Art. 29 -
The Institute for Social Security has the right to control, with diagnostic tools that will believe
appropriate, the domicile of the employee, or by calling the latter, the existence, nature, extent the | || continuing cause of temporary inability to work.
The employee can not refuse to submit or to show up at the above control, under pain of penalty
in art. 31 of this Law.

5 Art. 30 -
are grounds for revocation of the right to receive the allowance referred to in subparagraph a) of Art. 20 throughout the duration of incapacity
:
a) simulation or intentional prolongation of the disease;
B) the fraudulent obtaining of undue health services;
C) the alteration and falsification of medical certificates or any other documents required;
D) procured abortion where there is the criminal offense.
In the cases mentioned above it is for the Institute for Social Security action for recovery of sums paid
before the investigation of the facts that led to the forfeiture of the right to the employee by
.
The recovery action will be carried out by the Institute by deductions on subsequent economic performance
- of any kind they are - of the interested attributable in accordance with this law.

5 Art. 31 -
The allowance payment is suspended against an employee who:
a) fails to appear or refuses to undergo the medical examination;
B) perform paid work during the period in which the disease was declared unfit for work
or unable to attend to business or occupation;
C) leave the house without a regular medical leave;
D) fails to make a declaration by the doctor at least once a week, his state of
temporary inability to work.

Chapter III Allowances for unemployment

5 Art. 32 -
The policyholder is entitled to the daily allowance referred to in point b) of art. 20
where a worker has completed one year of working life in the two years prior to the period of unemployment.
To work life means the provisions of art. 44 of this Law.
The allowance established is equal to 40% of the salary of the category to which he belonged in
prevalence workers last month, and is also paid public holidays.
The allowance is paid from dall'undices mo day of unemployment, and for up
90 days.

Chapter IV Financing of temporary economic performance

5 Art. 33 -
The costs for the provision of temporary financial benefits will be covered by a
contribution for Social Security that will be applied as from 1 January 1956 and which is
established as a percentage of the remuneration of employees. This contribution is in total
and exclusive responsibility of their employers, without recourse by the latter on
workers employed by them.
The extent of the contribution for social security SRA set annually by December 31
each year by the Great and General Council.

5 Art. 34 -
For the purposes of the preceding Article, employees are those specified in art.
19 of this Law, while compensation of employees' clothing is anything the employee
perceived in cash or in kind directly by the employer for the work
compensation paid, gross any restraint.
Therefore, in the determination of remuneration, the addition to the wage and salary, must be computed
all sums paid to the employee as:
1) of compensation for overtime, whatever its nature or duration, for night work, for holiday work
;
2) commission, profit-sharing, profit sharing, the product, the percentage of service
, to check, charge or grade;
3) premium, the allowance or grant special ch the employer routinely
corresponds to workers employed under certain working conditions, time and location, such as checks
variables and skills incidental, the kilometric allowance for a fixed term, the rewards of
fuel economy and recovery of delays eg mili for the staff of the
transport companies, the residence allowances of locations dsagiata, subsurface, mountain , zone

Malaria, a dangerous or harmful, and the like;
4) annual and periodic gratification which mnsilità and weeks that exceed normal, as
the thirteenth and the double monthly salary and 53 weeks, excluding the gratification and donations granted
for once from employer;
5) compensation for holidays or national holidays taken and not taken;
6) attendance allowance of attendance award, diligence and the like, the high cost of living, however denominated
, although excluded by law and contract;
7) cash allowances, representation and displacement;
8) clothing allowance.
It must instead be computed the sums paid to the employee as:
- family benefits;
- The compensation in lieu of notice and anziaità;
- The benefits at the expense of social security management;
- Per diem and travel allowances that have repayment nature of expenses incurred by the worker
to run or at work.
In the works performed by the piece the gain of piecework wages must be considered
adjusted for the costs of working tools and the like, possibly set against the casual laborer, although
determined at a flat rate. Similarly it must provide themselves in paid work on commission
, for the determination of the amount of commission.
If the remuneration consists in whole or in part in the gratuitousness of room and board or other
benefits in kind, the value thereof is determined on the basis of the local average prices by the Institute for the
Social security in agreement with the trade union organization - regularly recognized -
of the workers concerned.
In cases where it is not the determining the pay possible or easier, both for the items that make up the
, both for the payment system, as well as in all cases in which the categories concerned or
the Institute for Social Security it is deemed appropriate, may be adopted,
by the Commission for assistance, retrbuzione medium conventional tables which report the
contribution in art. 33 of this Law.

5 Art. 35 -
For the purposes of the obligations under Article. 33 of this Act, employers are those
that, as the San Marino citizens, foreigners or stateless persons employed in the territory of the Republic
persons, of whatever nationality they are, to employ for work to be performed for | || their own means of remuneration, in any form, fit, and when this is paid
.
The state, public institutions and parastatals, charitable institutions and assistance and, in
generally, legal persons are considered employers against those who are engaged in work or activities
directly executed by the above authorities and legal persons.
They employers who, taking jobs from private clients or from state and public administrations
, are of the figure of entrepreneurs of works procurement, subcontractors or
dealers. The companies regularly constituted, the companies work cooperatives and production
also de facto and de facto comparable companies for purposes and structure to the aforementioned cooperatives,
consist wholly or mainly from the employees, are considered employers I work, and,
as such, liable to pay the contribution in art. 33 for its members insiders.
The political and trade union organizations of employers towards people who come into regular
dependency relations with them.
When workers paid by the piece, for the execution of the works which are engaged rely,
in the factory, workshop, site of the employer and with the consent of this, the work
paid to other workers, the contributions should in art. 33 are paid by the employer
predicted job.

5 Art. 36 -
The contributions for employees referred to 'Article 33 shall be paid by the employers
no later than the fifth day following the pay period to which they refer, using
payment , the postal current account held at the Institute for Social Security, the amount
percentage owed on actual wages paid, average or calculated in relation to
days of work during the period of pay.
The payment will be made on the basis of lists weekly, fortnightly or monthly complaint
prepared and supplied by the Institute for Social Security, which shall be transmitted, in
number of copies required, all together ' amount of contributions due. Those lists should

Contain an indication of the company-giving work, the identity of the worker, the qualification contract
, the actual salary paid to him in the pay period in which the payment of contributions
refers, or the media established pursuant to art. 34, as well as the number of hours
presence at work - or are regarded to the effects of pay - pay in the pay period
title of ordinary work, overtime, night or weekend or piecework.
The complaint lists must be signed - in workplaces where this is
regularly constituted - from the corporate council.

5 Art. 37 -
The payment of contributions must also be done in cases where, despite the absence from the
employment, continues the total or reduced payment of the salary. In the complaint must therefore be
indicated, as working days, the effects of working life, periods still paid
.
The payment of the aid must take place even when, in the same period of work, the worker works
his work successively or simultaneously to other occupations
main or ancillary to other employers. In such cases, each employer must
provide for the payment of the fee in relation to the working days or fractions thereof
made by its employees and in relation to the remuneration paid.

5 Art. 38 -
In the case of non-payment or late payment of contributions, the employer is obliged:
a) the payment - in addition to the contributions omitted - a penalty equal to the sum of the amount of contributions
unpaid;
B) to contemporary payment of default interest at the legal rate in civil
.
Interest runs from the first day of the pay period following the one in which individual
contributions were due.
The contributions are prescribed with the expiry of five years from the day they were due.
Anyone who makes false statements or carries out fraudulent acts in order to evade the contribution charges
is punishable by a fine of L. 1,000 to L. 10,000, unless the fact constitutes a more 'serious crime.

5 Art. 39 -
The credits of any kind towards the employer, arising from non-payment of contributions
, related interest and additional sums as penalty have privilege on
generality of the furniture and properties of No debtor llo same ranks after the claims of the state to which they are
however postponed.

5 Art. 40 -
The employees - except those indicated in letters b) and g) of art. 19 - must be
enrolled, by the employer, the register books and pays the company, the obligation of keeping such
and the same estate mode King tano regulated by Articles 7 to 10 of legg
January 24, 1939, n. 2, with all incumbent ketals articles prescribe.
The employers of the employees referred to in subparagraph a) of Art. 19 -
not obliged to bookkeeping and pays registration - must report the Institute for Social Security,
within five days from the date of appointment or dismissal of the aforementioned personnel, the names of the workers
hired or fired.
The employees referred to in subparagraph g) of art. 19 must report the Institute for Social Security
their qualification before starting the exercise of their activity in the form home.
In the complaint must be given their full name, parenthood, home, as well as the kind of work
running.
The complaint must be renewed by the end of g nnaio each year. TITLE IV Chapter I


economic performance annuities

5 Art. 41 -
They are entitled to make use of the various forms of social provision in art. 42, provided they have completed
14 years of age, the following people:
a) employees by third parties, excluding employees including state nti;
B) home workers;
C) the settlers, tenants and farmers.
With subsequent measures individual pension schemes covered by this law
will be extended to other categories of workers.

5 Art. 42 -
With the social security system provides:
a) to grant pensions in the case of permanent disability due to professional or common causes;
B) to allow the family incomes of workers in the event of death for professional or common causes, and
to grant in the cases, funeral benefits;
C) to grant old-age pensions for those who, at a certain age, they retire.

5 Art. 43 -

For performance and social security contributions for workers referred to in subparagraph a) of Art. 41
will be filled by special daily wage tables, broken down by branch of economic activity
and categories; for the employees referred to in subparagraphs b) and c) of that Article will be
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
being of enjoyment at the beginning of the year.


5 Art. 44 -
For the purposes of social security benefits, the 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.
It is considered completed one year of working life qundo prove paid or payable 300 contributions
daily or an annual contribution.
For the employees referred to in subparagraph a) of Art. 41 the periods of temporary disability or involuntary unemployment
are regarded as covered by contributions, in accordance with standards to be established in
Regulation.

5 Art. 45 -
The pension entitlement is met where the working capacity may be reduced by more than 20%,
, if the disability is caused due to professional activities, 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
home for those who have passed the age of 60 years
The annual pension in the event of total disability parial 60% of salary or income of
category which belonged mainly the worker in the last year of working life, and is
ragguagliata for workers referred to in subparagraph a) of art. 41, 300 working days and for others
workers referred to in subparagraphs b) and c) the annual income.
The pension, in case of partial disability, is equal to a rate of rent determined as
above, in relation to the degree of disability.
If the disabled, as well as to have lost the whole capacity for work, who needs a person
assisting it permanently, 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 in that grade.
The disability pension is not reversible.

5 Art. 46 -
The right of the survivors of the worker to the family income is given when the time of death prove
made, 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 is orphaned of 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 if not followed
steps in a second marriage.
If the surviving spouse is the husband, must prove that the deceased was invalid in excess of 60%
.
The children are entitled to family pension quotas only if they are over 18 years of age,
or if they are disabled to work in excess of 66%.
For the survivors of the worker, or to ch persons shall at the burial, is paid a
funeral allowance of L. 10,000, provided at the time of death, if this is not due to occupational causes
, they have been made at least three months of working life in the six months prior to the event.

5 Art. 47 -
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 70;
C) he 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% by twenty twenty-nine years old of working life;
60% thirty years old and more 'working life.
The old age pension is not reversible.
The worker who retires from work without having reached the terms for entitlement to disability pension
or old-age pension, may voluntarily continue paying contributions
relating to the latter provision, until the completion of the missing requirements for it.

Chapter II Financing of economic performance annuities

5 Art. 48 - At
social security benefits' is provided:
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.
This measure percentage will be only for workers of all categories, and will be determined for each
three years to cover, together with the assistance of the state, the expenses of this period and to allow the formation of a
reserve fund for possible risks.
For the employees referred to in subparagraphs b) and c) of Article 41, the Regulation will set standards
particular because a part of social security contributions to be paid respectively by
who commissioned the work or by the owner of the land granted a 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.

5 Art. 49 -
For the employees referred to in subparagraph a) of Article 41 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. 41 submissions will be collected according to
filling out specific roles.
The regulation will lay down the necessary detailed rules. TITLE V


Family allowances Art. 50 -
As long as it will not be otherwise determined, the ergazione family allowances remains
governed by the rules of Law 19 February 1946, n. 8, as amended. TITLE VI


Welfare benefits Art. 51 -
For people who find themselves without means of subsistence, they are unable to work and that
do not enjoy social security benefits will be granted daily allowances proportionate
needs.
The scale of such benefits and the manner of their er gation will be determined each year by the Commission for Assistance
.
Art. 52 -
In addition to the benefits provided by this Act shall be paid by the State:
the care for young children by creating kindergartens or nursery schools competition to existing childhood
; the maintenance of marine colony;
administration of school meals, books and exercise books to poor children. TITLE VII

Institute for Social Security
Art. 53 -
In order to implement, within the limits of its jurisdiction, the laws and regulations relating to
mandatory social security system, consists of a government entity with independent management,
called "Institute for Security Social".
The Institute provides to fulfill the tasks set out in Article. 1 of this law through the direct management of the Hospital
and state pharmacies and the collection of taxes and contributions for the
Social Security, as well as of the state contributions earmarked for that purpose in the budget.
Art. 54 -
The Institute for Social Security is under the supervision of the Commission for Assistance,
which has the task of:
a) propose to the Congress of State the sums to be allocated annually in state budget, which
must contribute to the financing of the Social Security plan;
B) review and monitor the budgets and final accounts of the Institute, and
present them for approval to the State Congress which will submit them for examination to the final of the Great and General Council
;
C) make proposals to the Congress of State for designaz one of the staff working with the roles of organic
Institute, staff who will be appointed by the Great and General Council;
D) rule on administrative appeals lodged by the claimants against the measures adopted by the Institute
;
E) propose to the State Congress for the approval of the specifications
Great and General Council, the Convention and the regulations that will govern relations between the Institute and the staff
, health and not , its dependencies or their delegate;
F) meet all of the other tasks entrusted to it by laws and regulations concerning the implementation of the
Social Security plan.

The Great and General Council will appoint three mayors with the task to supervise accounting and administrative
on the Institute, to carry out checks and inspections of cash, as well as to
Budgetary Control.
Art. 55 -
The Institute for Social Security is headed by a Director who is the legal representative of the Institute
.
The Director is in charge of the Institute's services and has all the powers necessary for the administration and
organizing it.
He also shall submit to the Commission for the Support of the budgets and final accounts Annual
Institute accompanied by a report on operations.
The financial year of the Institute for Social Security begins with January 1 and ending with
31 December each year. TITLE VIII


Complaints and disputes Art. 56 -
against the measures of the Institute for Social Security regarding the granting of benefits
and generally previst implementation of the provisions in this law and subsequent regulations is
admitted administrative appeal within thirty days from the notification of the measure
undisputed, the Commission for Assistance, which must rule on the appeal within the next
thirty days.
Against the Commission's decision to the person concerned has the right to resort to the assistance
ordinary courts within the normal terms of the law.
The administrative appeal referred to in the first paragraph is a condition for action proposability at
ordinary courts. It must be drawn up on plain paper, addressed to the Institute for Social Security
- upon whom the investigation of the application itself - and must be accompanied by all
those elements from which emerges the merits of the request of ' interested.
The appeal to the administrative court, similar to those before the ordinary courts, has
suspensive effect of the limitation period. TITLE IX


Supervision Art. 57 -
The monitoring of the application of the standards referred to in this law is realized through:
a) the democratic mass control;
B) the Labour Inspectorate;
C) the Institute for Social Security.
Art. 58 -
The mass democratic control is performed hrough special assemblies and meetings of the assisted
to be periodically convened the Institute for Social Security and in the course of
which will be given the opportunity to those concerned to report abuse and offenses committed by anyone,
well as to suggest the most 'suitable means to prevent ipetersi any violations of the provisions of this Act
.
Art. 59 - Inspectorate of Labour
is entrusted with the task of ensuring application of the standards referred to in this
law in companies of any kind, in offices, in agriculture and in general wherever it is lent
a salaried or wage labor or even autonomous, provided they took into account
laws regarding Social security and Welfare.
The Labour Inspectors are allowed to visit at any time of day, and, where appropriate, of the night
, the factories, construction sites and in general the local dibiti exercise of industrial, commercial
, agricultural and related premises, other than those intended for housing; to examine the books of
freshman and pay for, the documents certifying the social security requirements, internal regulations and all
other books that have probative value and that they can still be proven, to control
employment cards and questioning, beyond the esercnti company, the management, administrative and
workers of the companies themselves and, in general, all those who for their office are
deemed able to give useful information.
The Inspectors, in order to fulfill their office, shall, on request, show the card recognition.
When you encounter opposition or obstacles in the exercise of their functions,
may require the intervention of the Security Forces.
Art. 60 -
In the case of verified non-compliance of LGGE on Social Security Inspectorate of Labour
may be wary with appropriate prescribing the employer, setting a deadline for regularization
.
The requirements must be signed by the employee who compiles and the employer or self-employed
or the person he represents at the time of the visit and to which one of the copies is delivered
, which must It is kept at the workplace and presented at the request
on subsequent inspections.
In case of refusal to sign the sheet, it will be sent to the office.

Inspectors give formal notice to the requirements and, in default, to ascertain contraventions
provisions on social security and assistance, through the minutes, in which will be determined
:
a) the nature of the She has done with his circumstances and, especially, those of time and place;
B) the provisions of law or regulations to which it is violated and all elements
necessary for assessing the offense.
Of high offense must be immediately notified to the cause, which has
right to enter in the minutes the statements as it deems convenient in his
interest; when it refuses to sign the minutes, the Inspector mentions indicating
reasons for the refusal.
The statement of offense, signed by the conve uto or his representative must be
remitted by the Inspectorate to the competent judicial authorities and communicated, in copy, to the Institute for Social Security
.
The Inspectorate reports have probative value for purposes procedural prosecution.
Art. 61 -
In contraventions scheduled by the laws in social security materi the offender before
opening of the trial of judgment, can apply for oblation
Institute for Social Security, which determines the sum from page rSI within the limits, minimum and maximum, the fine
established by law.
The resolution of the Institute for Social Security is notified to the offender with the setting of the deadline for payment
. If this is not done within the prescribed period, it takes place
prosecution.
The proceeds of fines for infringements of the social security laws are donated to benefit
Institute for Social Security.
Art. 62 -
The Institute for Social Security has the power to do perform their inspections by officials at the
companies and employers in general to make certain compliance with laws and regulations relating to the implementation
of the obligatory social security system, as well as to control the existence of circumstances giving rise
the social security requirements or title
to the various social security benefits and welfare or maintaining in force or change in one already
granted.
The Institute, if necessary, may also seek the intervention of the Inspectorate of Labour and Public Force
.
Art. 63 -
Employers and workers who refuse to provide Labour inspectors or officials of the Institute for Social Security
news required by them or the performance of work or the documents
'access to the work rooms for inspections there may be necessary for the action of
supervision, are punished, unless the fact constitutes a more' serious crime, or is otherwise
punished in relation to individual forms social security and assistance, with a fine of L. 1,000 to L.
10,000. TITLE X


General Provisions Art. 64 -
The Mercy Hospital, the seat of the administrative offices of the Hospital, the inner and the outer
Pharmacy Hospital Pharmacy with equipment of any kind contained in them, of the Congregation properties
Customer (including the walls, dependencies, accessories,
technical installations, appliances and medical instruments, medicines, furniture, typewriters,
the filing cabinets, the laundry and how atro still serve the purposes and the normal operation of the Hospital
, its offices and pharmacies) become the property of all the people of San Marino and
for it the state.
The management of Mercy Hospital, the internal and external pharmacy Pharmacy Hospital
, formerly owned by the Congregation of Assistance, is entrusted by the State to
effect from 1 February 1956 Institute for Social Security.
The costs related to extraordinary maintenance Hospital, the headquarters of the Institute and
state pharmacies are covered by the state, while those related to routine maintenance are borne
Institute for Social Security .
Art. 65 -
With effect from 1 February 1956 it is forbidden to individuals to manage pharmacies in the territory of the Republic
.
From that date the supply of products to patients, drugs of all kinds, as well as the sale of such products to
unattended will only happen through the state pharmacies, managed by the Institute for
Social Security.
To this end, the Institute for Social Security - to meet the needs of the
medicines and hospital pharmacies managed by this - you approvigionerà directly, as far as possible,

At the manufacturers of medicines.
Art. 66 -
For the purposes of this Act to illness must intend rsi any alteration of the health status - which
resulting disability - that requires medical care or midwife, or administration of therapeutic means
. Therefore - in addition to the common ones - they are to be considered diseases also:
a) the tuberculous diseases;
B) occupational diseases;
C) accidents at work;
D) pregnancy and after delivery within the time limits specified in the second paragraph of art. 21.
For the purposes of this Act for injuries must itendersi those that occurred due to violent causes and
job opportunity.
Art. 67 -
Tax exemptions from any tax previst art. 71 of the law 24 January 1939, n. 2
also apply to all questions and actions relating to the assistance and social security, to those relating to
of indemnity payments, allowances and benefits in kind of an economic nature, to the minutes,
certificates, acts of notoriety, and all other documents required depending on the relevant provisions of law
.
The stamp duty and registration tax exemptions and any judicial fee referred to in art. 71
are also extended to all acts of litigation procedures, the measures of any kind
relating to court proceedings, as well as to all att or writings or documents produced by the parties in dispute
that, depending the laws on pension and insurance funds, arise among the workers
assignees and the Institute for Social Security or persons required to fulfill social security
.
All documents and contracts related to the management dll'istituto for Social Security are tax-stamp
, and mortgage register.
The Institute is exempt from all duties and taxes, and receive free postage like
administration of the State.
The bonuses, allowances and performance in gener economic under this law,
are not subject to income tax.
They are exempt from inheritance tax the sums owed to the heirs and beneficiaries of persons entitled to
social security or welfare benefits.
Art. 68 -
The bonuses, allowances and performance in gener economic under this law
are not transferable, nor be seized, nor attachable.
The resident, in cases of illness or injury that gave rise to its favor to recast
damage by third parties, is required to reimburse the Institute of the amount of benefits paid and the
expenses of the assistance provided until the amount that the third has paid to the
compensation.
The Institute for Social Security has the right to withhold bonuses, allowances and
performance in general economic the amount of the sums owed to it by virtue 'of
this Article, as well as those due under the provisions of the competent judicial authorities
and those referred to in the penultimate paragraph of art. 30.
Art. 69 -
Workers - the date of publication of this law in the Official Bulletin -
benefit, by law or by contract, paid by the employer, the temporary economic performance
more favorable ( but other than those referred to in paragraph 1 of art. 21 of the law
January 27, 1942, n. 1, retain the treatment in place.
in such cases, the allowance referred to in subparagraph a) of the 'art. 20 will be paid by the Institute for Social Security
to employers under this paragraph to the extent and for the duration provided for by this Act
. TITLE XI


Transitional and Final Provisions Art. 70 -
Medicines, the healing tools and perfumery articles content, the date of publication of this
law in the Official Bulletin, in the Village Pharmacy, owned by Dr. Faust
Amadori, and Farmacia di Serravalle, owned by Dr. Francis Santolini, will
Institute purchased for Social Security to the wholesale price of these products, resulting - for
far as possible - from the invoices in posseso Dr. Faust and Dr. Francesco Amadori
Santolini.
It 'faculties in the state to buy the furniture and shelves content, the date of publication dlla
this law in the Official Bulletin, in the aforementioned Borgo pharmacies and Serravalle, with what else
still serves the purposes and the normal operation of a pharmacy.
E 'in the faculty of Dr. Faust and Dr. Francesco Amadori Santolini to surrender to the State properties
of pharmacies owned by them, including the walls, dependencies, accessories and technical plants

Contained in them. In this case, the sale price will be determined by the Government after consultation with the
Commission for Assistance, at the proposal of an appropriate estimation commission, whose members will be appointed by
Reggenziale Decree.
When drawing up its proposals the Commission estimates will adhere to current market prices
.
The costs for the functioning of the appraisal fee will be borne by Dr. Faust Amadori and
by Dr. Francesco Santolini.
The State and the Institute for Social Security does not take over the obligations of any kind
contracted to third by Dr. Faust and Dr. Francesco Amadori Santolini and related to the operation of pharmacies already
their property.
As of the date of publication in the Official Bulletin of the present law, orders and
purchases of any kind, relating to the operation of pharmacies in Borgo and Serravalle,
are subjected to government authorization.
The value of medicines, instruments of healing and perfumery items purchased without
aforementioned authorization will not be reimbursed by the Institute for Social Security.
Where the items referred to in second and third paragraphs of this Article shall become the property of the State
, the management of them is entrusted to decorrre from 1 February 1956, the Institute for Social Security
.
Otherwise, the state will provide the Institute for Social Security in Borgo and
Serravalle, with effect from 1 February 1956, local and quipment suitable for the current financial centers such
of pharmacies by the Institute.
In this case the costs will burden the state.
Art. 71 -
Except as provided in paragraph of the Institute for Social Security replaces the Congregation
Customer obligations in this contracted to third parties and related to Hospital
management of Mercy and pharmacy, indoor and outdoor, the same hospital,
provided they have a later deadline to 1 February 1956. Since
obligations referred to in the previous paragraph are excluded any that contracts
by the Congregation of against Assistance healthcare and not the hospital staff.
As of the date of publication in the Official Bulletin of the present law it is forbidden to alienate
Congregation of assistance goods in art. 64 that as a result of this law
become state property.
Art. 72 -
Notwithstanding the provisions of art. 17, and only tax for Social Security due
for the year 1956, the period within which the Tax Office is authorized to conduct the investigations
and notifications shall be extended to 30 March 1956. | || Art. 73 -
For the current financial year the contribution of the state of art. 14 of this law will be
equal to L. 7,000,000.
That figure shall be severed to the extent of L. 6,400,000, the allocation made in the
Chapter XI of the State budget (year 1 April 1955 - March 31, 1956) and
l ' amount of L. 600,000 to the allocation made in chapter V of the budget of the State
(year 1 April 1955 - March 31, 1956).
The State will also bear the costs of the first facility of the Institute for Social Security
to be excerpted from Chapter IX of the State budget (financial year 1 April 1955
- March 31, 1956).
Art. 74 -
Notwithstanding the provisions of art. 33 of this Act the contribution for Social Security is
fixed at 4% of employee jobs pay.
Art. 75 - Details
agreements to be entered into with the countries concerned will govern the provision of benefits from social security
to San Marino citizens living abroad, foreigners residing in San Marino
who are not entitled to social security benefits and assistance provided for in this law, citizens
San Marino and foreigners residing on the territory of the Republic with social security protection
established abroad.
In the absence of such agreements, they remain in force for conventions currently in force
and arrangements made by the Customer Congregation with Italians mutual insurance companies.
Art. 76 -
With effect from 1 February 1956 are hereby repealed the rules of the law 24 January 1939, n. 2 and subsequent
changes that relate to payment of a daily allowance for temporary disability
, medical and surgical care, the provision of prosthetic appliances in favor of
injured workers at work or suffering from occupational diseases.

Notwithstanding the above provisions of the formalities, the terms,
procedures established by Articles remain unchanged. 5:11 of the law 24 January 1939, n.
2. The fees payable by the all'INAI.L employers. is suspended with effect from 1 February 1956.
With effect from that date, this contribution will be restored with a special Reggenziale Decree that
also establish the new measure.
It 'also repealed the law March 9, 1950, n. 10, and any other rules
however, contrasts with the rules of this law.
Art. 77 -
The date of entry into force of the present law provisions contained in Chapter III of Title III, in
Title IV and Title VI will be established in a specific Regency Decree.
All other regulations go into effect with the publication of this Law on the Official Bulletin
.
Our Residence, 30 December 1955 (1655 dFR)
THE CAPTAINS REGENT
First Bugli - Giuseppe Maiani

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
D. Morganti