Royal Decree 1169 / 2015, Of 29 December, On Revaluation And Complements Of Passive Classes Pensions For The Year 2016.

Original Language Title: Real Decreto 1169/2015, de 29 de diciembre, sobre revalorización y complementos de pensiones de Clases Pasivas para el año 2016.

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Law 48/2015, October 29, the State budget for the year 2016, contains, within its title IV and concordant provisions, the basic criteria for determining the amount of public pensions, setting-up, in General, its appreciation by 0.25 percent, in accordance with the provisions contained in articles 48 and 27 of the consolidated text of the General Social Security Act approved by Royal Legislative Decree 1/1994 of 20 June, and passive classes of the State law, approved by Royal Decree legislative 670/1987, of 30 April, respectively, in accordance with the given wording for article 7 and the third final provision of the law 23/2013, of 23 December, regulatory factor of sustainability and the rate of revaluation of the Social Security pension system.

By this Royal Decree are developed, in terms of passive classes, the forecasts referred to in above legal norms, establishing the Revalorization of pensions by 0.25 percent, any that is regulatory legislation, subject to the exceptions legally laid down in the referred law. Also, rules and procedure are set in this Royal Decree for the revaluation and the system for granting minimum pensions economic complements.

Due to its special characteristics, the revaluation of pensions of passive classes recognized under cover of the regulations of the European Union is set in a separate chapter.

Ultimately, this Royal Decree gives compliance through the above-mentioned measures to those legal provisions, in order to facilitate their rapid implementation for the benefit of those who are affected.

By virtue, on the proposal of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of December 29, 2015, have: Chapter l General rules on revaluation of pensions of passive classes for the year 2016 article 1. Increase by 2016 of the pensions of passive classes.

In accordance with the provisions of articles 36 and 40 of the law 48/2015, from October 29, the State budget for the year 2016, pensions paid by passive classes will be increased by 0.25 per cent with respect to the amounts indicated they had corresponded to December 31, 2015, unless the regulated in title II of the Royal Decree 851/1992 , 10 July, which regulates certain extraordinary pensions caused by acts of terrorism, which will suit which present under its own law.

Article 2. Not yielding pension during the year 2016.

Still the provisions in the previous article, and application of the provisions of article 41 of the expressed general State budget law for the year 2016, will not experience any increase pensions following of passive classes: to) those whose full amount added, where appropriate, to the full monthly amount of other public pensions received by its owner exceed 2.567,28 euros in monthly computation when the holder is entitled to receive 14 payments a year or, in another case, 35.941,92 euros on an annual basis.

(b) the recognized in favor of the State Camineros and caused prior to January 1, 1985, with the exception of those whose owner only perceive this pension for such a condition.

Article 3. Pension extraordinary acts of terrorism.

1 in accordance with article 41.Uno.a), second paragraph, of the law of the general budget of the State for the year 2016, as well as in the Real Decree 851/1992 of July 10, extraordinary pensions of passive classes originating in terrorist acts are exempted from the exclusive or restrictive standards referred to in article 2.a) and article 4.2. ª of this Royal Decree.

2. in the event of that, along with some of the pensions mentioned in the previous issue, is entitled to receive to December 31, 2015 or some other public pensions, exclusive or restrictive standards above Yes shall apply with respect to the latter.

Article 4. Rules for the increase of pensions for passive classes.

Application of increase laid down in article 1 of this Decree shall be subject to the following rules: 1 the increase shall apply to pensions caused prior to 1 January 2016 on the full monthly amount that perceive or would have corresponded him perceive its holder to 31 December 2015. Then be updated in accordance with the regulations on revaluation, concurrence of pensions and limiting their growth contained in the corresponding budget laws, apply for the year 2016 from increasing.

2 for the purposes of article 42 of the law on the State budget for the year 2016, the amount of the pension or set of pension paid charged to the credit of passive classes who perceives a same owner, once applied the increase from each one of them, will be limited to the amount of 35.941,92 euros per year understanding by this amount as the amount of regular monthly payments as of the extra payments that may be applicable.

In widow's pensions, increases for children that may have been recognized under the Act 19/1974, June 27, improved pensions for passive classes, and of the law 74/1980, of 29 December, General State budget for 1981, not be computed, in any case, for the purposes of the application of the maximum limit of perception established in the preceding paragraph.

On the assumption that in a same headline fulfilled one or several pension passive classes with one or more other public pensions, the value of the pension or pensions for passive classes set limit will be a figure that store the same proportion such pension or pension with the total set of public pensions, the owner perceived with the of 35.941,92 euros per year.

This limit (L) shall be obtained by applying the following formula: L = P x 35.941,92 euros annually T «P» the annual theoretical full value reached to December 31, 2015 for pension or pensions for passive classes, and "T" with the result being added to the previous figure the full annual value of public pensions in identical time.

3rd for each course and subject to the rules above established limit annual maximum of a pension, said limit will be divided by the number of regular monthly payments and extra payments that, regarding the annuity and subject to applicable law, are entitled to pensioners, constituting the resulting figure the monthly amount to perceive by the owner of the Board at each regular monthly and extraordinary pay.

Article 5. The revaluation procedure.

1. the revaluation of pensions for passive classes for 2016 shall be ex officio by the General direction of cost of personnel and public pensions of the Ministry of finance and public administration.

2 such revaluation will take place taking into account the data with respect to each pensioner to 31 December 2015. However, and in accordance with article 21.2 of the revised text of the passive classes of State law, approved by Royal Decree legislative 670/1987, of 30 April, may require to any beneficiary of passive classes that provide information with respect to its economic situation with the effects that this standard are prevented.

3. in accordance with the provisions laid down in the law on the State budget for the year 2016, the revaluation will have provisionally until the Administration to check the provenance of the perception of its amount, according to other perceptions of the holder of a pension or pensions and standards in the field of concurrency and inconsistency that are applicable in each case.

When lift to final of the previously practiced revaluation is obtained the evidence that you have received amounts in excess, pensioner will be obligated to reimburse the unduly collected. Without limiting the foregoing, in the event that the person concerned had been committed in his statement misrepresentation or omission of data, may be you required the corresponding responsibilities that have been incurred.

Chapter lI plug-ins for article 6 minimum. Economic complements for the pensions of passive classes during the year 2016.

1 in accordance with the provisions contained in article 43 of the General State budget law for the year 2016, the application of economic supplements to the pensions of the regime of passive classes shall conform to the following rules: to) may complement the pension of the regime of passive classes, either that was the date in which caused to not reach the corresponding minimum contained in column A of the table that is included in paragraph 2 of this article, provided that it has recognized under the general legislation on the matter and that its holder not perceived during 2016 work or capital income or that, perceiving them, do not exceed 7.116,18 euros per year. Also in pensions caused from 1 January 2013, it will be necessary to reside in Spanish territory.
However, if the owner perceived income for items indicated in amount greater than the designated number in the previous paragraph, will be entitled to an add-on minimum when the sum in annual computation of such revenue and expenses already revalued pension does not exceed the applicable limit in column B of the referred box set for the kind of pension is. In this case, the complement to minimum consist of the difference between those two sums, provided that this difference to the person concerned not determine pension and complement joint monthly insight amounting to more than the minimum amount of pension that corresponds in monthly terms.

(b) in case of perceiving a same beneficiary several pension passive classes, complement shall apply, where appropriate, with respect to the pension which, in view of its nature, has assigned one amount in column A of the table that is included in paragraph 2 of this article.

(c) the amount of the supplement will be necessary so that the pension supplement, in integral computation per month, increased, where applicable, with the full monthly amount of all remaining pensions payable surcharge to credit of passive classes or other public pensions received by the beneficiary, the minimum corresponding to A column of the mentioned table.

In the event that a proportional part of the survivor's pension is recognized, complement to minimum applicable, where appropriate, it will be in the same proportion that it took into account for the recognition of the pension.

Widow's pensions caused from 1 January 2013, the amount of which is equivalent to the compensatory pension who has corresponded with him at the time of separation or divorce, may not be supplemented.

(d) the amount to be considered is, for pensions of passive classes, whichever once revalued the same in accordance with the provisions of this Royal Decree, and remaining pension of a public nature, which is receiving the beneficiary at the time of filing the application for the initiation of procedure relating to economic complements to that referred to in article 7.2 below.

However the provisions of the first subparagraph, for the sole purpose of guarantee of minimum Add-ons, are deemed equivalent to income from work public pensions that are not in charge of any of the social welfare basic public schemes, as well as pensions paid charged to a foreign entity, with the following article 9.3-based exception concerning warranty of pensions recognized under cover of the regulations of the European Union.

(e) the add-in will be reduced, or if is deleted, in the necessary amounts so the sum, in annual terms, the revalued pensions, together with all income from work or alternatives of these or capital, received by the beneficiary does not exceed the applicable limit in column B of the table appearing below.

For this purpose, the concept of income shall be defined according to the law of personal income tax, even though they will be taken into account, in any case, the revenue from any public pensions, are they subject or not to the mentioned tax; pensions of passive classes will be taken in its annual value once revalued in accordance with the provisions of this Royal Decree; the remaining public pensions will have the annual value corresponding at the time of submitting the application referred to in article 7.2 below; and the incomes of labour and capital are taken into the value perceived in the year 2015, must be excluded the left perceive by the causal event of different pensions, as well as those that prove that they must not be perceived in the year 2016.

Also be computed between such income, capital gains or capital gains, valued in accordance with the tax legislation.

For the recognition of allowances for minimum pensions of passive classes, full yield received by the pensioner, and computed in the terms established under tax laws, the deductible expenses in full returns from work, economic activities and real estate are excluded.

2. for the purposes of the provisions of the previous number shall be taken into account the following amounts: A monthly minimum Pension - euro B income annual maximums - euro Retirement Pension or retirement when there is spouse on the licensee 784,90 18.104,78 Retirement Pension or retirement without spouse: 16.021,58 636,10 single-person economic unit Retirement Pension or retirement with spouse not in charge.





603,50 15.565,18 636,10 widow's pension 16.021,58 Pension or pension in favour of other family members, where «n» is the number of beneficiaries of the pension or pension 620,00 n 7.116,18 + 8.680,00 n in the course of pension or pension in favour of other family members who were perceived by several beneficiaries, the figure resulting from the column of the above table shall be not less than 194,30 euros per month with respect to each of those beneficiaries whose annual income does not exceed to those listed in column B. However, when one of the beneficiaries is disabled orphan under 18 with a disability degree equal or superior to 65 percent, the minimum amount to recognize such orphan will be 382,40 euros per month, provided that it meets the aforementioned income limit requirement.

In widow's pensions, increases for children that may have been recognized under the Act 19/1974, June 27, and of the law 74/1980, of 29 December, are not counted for the purposes of the minimum in the table above.

Means that there is spouse on the licensee when it is coexisting with the pensioner and depend economically on him. Coexistence is presumed whenever marriage is preserved, notwithstanding that this presumption can destroy proven otherwise by the Administration, and for the same purposes means that there is economic dependence when income of the spouse, for any reason, do not exceed the current national minimum wage.

3. economic supplements regulated in this precept, that they paid in twelve monthly ordinary and two extraordinary, all of them of equal amount, shall not in any case consolidated and will be absorbed by any future increase which may experience the perceptions of the person concerned, either by appreciation or recognition in its favor of new public pensions.

For pensions caused from 1 January 2013, the amount of these plug-ins in no event exceed the amount set for retirement and invalidity pensions non-contributory mode in the General State budget law, established during 2016 by 5.150,60 euros annually.

4. in accordance with the provisions of article 21.5 of the Royal Decree 1288 / 1990, of 25 October on revaluation of pensions for passive classes for 1990 and economic complements them during this exercise, will have access to the right to minimum the beneficiaries of pension of passive classes who had obtained it under cover of the expressed rule.

Article 7. Procedure relating to economic complements.

1 it corresponds to the General direction of personnel costs and public pensions recognize and determine economic allowances that apply, in accordance with the preceding article 6.

2. the procedure will begin at the request of the interested party request addressed to the General direction of costs of staff and public pensions.

3. in view of the data entered by the applicant economic complement and, where appropriate, of computer consulting the register of public social benefits, the above-mentioned directorate-general will dictate, without further formalities, the resolution which proceed, notwithstanding that it is reviewable in accordance with provisions in the legal system.

If the application of economic supplements formulated, for the first time during this year, their economic effects is retrotraerán, maximum, to January 1, 2016 or the start date of the pension if this is later.

However, if the request for such recognition was conducted at the time of exercising the right to the payment of a pension whose causal event occurred in the previous year, the economic effects can be start date, a maximum of one year from the request and provided that meet the requirements for your perceive retroactively.

4. If, once recognized the economic complements, is observed the existence of any contradiction between the declared data and the reality, the applicant will be obligated to reinstate wrongly perceived, without prejudice to possible review in administrative proceedings. Other potential liabilities that would have incurred in accordance with the legal system may deduct also against the applicant.
For purposes of this review, and in accordance with the provisions of article 21.2 of the current consolidated text of the passive classes of State law, the pensioner must provide management information that is formally required, and may suspend the payment of the complement in the event of breach of this obligation.

5. the recipient of pension supplements will be forced to put in knowledge of the Administration, at the time of, any variation in the composition or amount of income declared in the application, as well as any variation of civil status or situation of economic dependence of your spouse with respect to the initially declared. Breach of this obligation, if it were followed improper amounts perception, will give origin to the reinstatement of these.

6. the General address of costs of public pensions and staff is empowered to dictate how much operating instructions could be suitable, in order to expedite procedures for the perception of the supplements referred to in this article.

Article 8. Prohibition on granting of economic complements in passive classes.

1. in the event of a pensioner's passive classes entitled to receive, in accordance with the rules of this Royal Decree, an economic complement and benefit as well as other public pensions, paid fee to various public welfare schemes, was also entitled to any other add-on, pursuant to articles 43 and 44 of the law of the State budget for the year 2016 (, not entitlement complement corresponding to pension passive classes except in the following cases: to) when pensions of different systems are of the same nature and the full monthly amount of pension passive classes outside higher amount to the amount corresponding to another public pension can be supplemented.

(b) when the pensions received by the person concerned were of a different nature and the minimum monthly amount of pension corresponding to the passive classes were larger than the other public pension.

2. in the two cases referred to in the previous number, not you taken into consideration the economic complement to which the person concerned could be entitled by the Board outside the regime of passive classes, to determine the amount of the supplement that by these arrangements apply to you, in accordance with the rules of article 6 of this Royal Decree.

Chapter III pension recognized under cover of the regulations of the European Union on the harmonisation of the systems of social security article 9. Revaluation of pensions recognized under cover of the EU regulations on the coordination of social security systems.

1. the revaluation of pensions recognized under the aegis of the regulations of the European Union, which somewhat per cent of its theoretical amount is carried out by the regime of passive classes, will be carried out by applying said both percent increase that would have corresponded to be in charge of the aforementioned scheme 100 percent pension.

2 pro rata pension, once updated in accordance with the provisions of the previous number, adding to, when appropriate pursuant to the General rules, the complement to minimum applicable in accordance with the standards contained in chapter II of this Royal Decree. This supplement shall be calculated by applying the same percentage that was taken into consideration for the recognition of the pension, the resulting difference between the amount that would have corresponded to be carried out by the regime of passive classes 100 per cent of the pension and the minimum for the provision in question.

3. If after having applied the provisions of the previous number, the sum of the actual amounts of pensions recognized, both under the legislation in Spanish as foreign under cover of the regulations of the European Union, would be less than the minimum corresponding to the pension in question, shall be guaranteed to the beneficiary, while residing in national territory the difference needed to reach the concerned minimum, according to the General rules laid down for granting.

First additional provision. Accessories for minimum and other pensions of passive classes update.

1. for the year 2016 will apply economic supplements regulated in chapter II of this Royal Decree to orphan's pensions recognized under the protection of title II of the law 37/1984, of 22 October, for recognition of rights and services to those who during the civil war were part of the armed forces, forces of law and order and body of the police of the Republic; as well as the recognized in favour of not disabled orphans over 21 years of age, due to personal, not official under cover of law 5/1979 of 18 September, on pensions, medical, pharmaceutical and social assistance for widows, children and other relatives of Spaniards who died or the last civil war; and 35/1980, of 26 June on pensions to ex-combatants mutilated in the Republican zone; and to those of others caused by the staff of the mines in Almadén.

2 pensions in favor of relatives granted under cover of law 5/1979, of 18 September, and of law 35/1980, of 26 June, with the exception of pensions orphan referred to in the previous number, as well as the law 6/1982, of 29 March, the maimed civil war pensions , and pensions for widows of title II of the law 37/1984, of 22 October, anyone that is your initial subscription date, shall not be less in 2016 the amount established for that fiscal year, as of minimum in the system of Social Security for pensions for widows of owners over the age of sixty-five years.

In addition, the amount of pensions known on own behalf under the protection of title II of the law 37/1984, of 22 October, may not be less than the minimum amount of retirement pensions, with dependent spouse, of over 65 years in the Social security system.

Second additional provision. Office of allowances for minimum adaptation.

1. the pensions of passive classes to economic complements had been applied during the year 2015 will adapt ex officio, and on a provisional basis, with effect from January 1, 2016, to the amounts laid down in article 6 of this Royal Decree, boasting is that owners meet the conditions and requirements in the precept, until the corresponding administrative services to check the concurrence of these conditions and requirements.

2. If the above checklist is followed the absence of any requirement or condition, shall cease immediately in the subscription of the complement, with reinstatement of the wrongly perceived by such a concept since, as Max, the first of January of the year 2016. Also, if this check need to modify the amount of the supplement budget submissions, shall be timely modification, with reinstatement of improperly perceived from the above date.

However, and in accordance with the provisions of article 7.4, shall take back the reinstatement of wrongly perceived the initial date when the economic complement started paid in prior years, to a maximum of four years, if carried out physical evidence of that the beneficiary of that one committed any omission or misrepresentation in the statement made at the time of requesting the application of the complement , without prejudice to the responsibilities that would have been incurred.

Third additional provision. Update on certain pension amounts.

For the calculation of retirement or retirement and pensions of widows of the regime of passive classes of the State, causing during 2016 under cover of law to December 31, 1984, the initial amount that corresponds will be corrected through the application of the percentage of 1-2 per cent, as appropriate, established for the years 2004 2006, 2007 and 2008 in paragraph four of the fifth and sixth additional provisions, as well as the tenth additional provision of the law 61/2003, of 30 December, 30/2005, of 29 December, 42/2006, of 28 December, and 51/2007, of December 26, the State budget for the year 2004, 2006, 2007 and 2008 respectively.

For this purpose, will be calculated the improvement by dependent child that can correspond in the widow's pension application of law 19/1974, June 27, and 74/1980, of 29 December.

Fourth additional provision. Update of the social supports of the Royal Decree-Law 9/1993 of May 28, which are granted aid to those affected by the Virus of human immunodeficiency (HIV) as a result of actions carried out in the public health system.

International provisions of the second additional provision thirty of the General State budget law for the year 2016, the monthly amounts of social aid, for people who were contaminated by the Virus of human immunodeficiency (HIV), regulated by the letters b), c) and (d)) of article 2.1 of the Royal Decree-Law 9/1993 28 may, shall be determined by applying the proportions regulated in the letters referred to the amount of 611,70 euros.

First final provision. Skill-related title.
This Royal Decree is issued under cover of the provisions of article 149.1.17. ª of the Constitution, which attributes to the State the exclusive competence in the field of economic regime of Social Security.

Second final provision. Empowerment for development arrangements.

It authorizes the Minister of finance and public administration so that it dictate the general provisions that are necessary for the implementation of this Royal Decree.

Third final provision. Entry into force.

This Royal Decree shall enter into force from January 1, 2016.

Given in Madrid, on December 29, 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO

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