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Law 48/2015 of 29 October 2015 on the General Budget of the State for the year 2016 contains, within its Title IV, the criteria for the revaluation of the pensions of the Social Security system for that financial year, and forecasts its revaluation by 0.25 percent.

According to such legal forecasts, this royal decree establishes a general revaluation of Social Security pensions, including the maximum public pension collection limit, of 0.25 percent.

Likewise, a revaluation of 0.25 percent of the minimum amounts of Social Security system pensions in its contributory mode, of the non-contributory pensions of the Social Security system, as well as of the Non-concurrent pensions of the late Compulsory Old-age and Invalidity Insurance. Also, the amounts of allowances for children with disabilities with 18 or more years are updated.

In its virtue, on the proposal of the Minister of Employment and Social Security, in agreement with the Council of State, and after deliberation by the Council of Ministers at its meeting on December 29, 2015,

DISPONGO:

TITLE I

Pensions of the Social Security System in its contributory mode

CHAPTER I

Common rules

Article 1. Object.

By this royal decree we proceed to the development of the forecasts contained, in matter of revaluing the pensions of the system of Social Security and other public social benefits, in Law 48/2015, of 29 of October, General Budget of the State for the year 2016.

Article 2. Scope.

1. The provisions of this Title shall apply to pensions of permanent incapacity, retirement, widowage, orphans and in favour of family members of the social security system in their contributory form, provided that they have been caused by before 1 January 2016.

2. The pensions of the compulsory old-age and invalidity insurance shall be governed by the specific rules laid down in Articles 8 and 13.

3. The Special Regimes of the Armed Forces, Civil Servants of the State Administration, and Officials of the Administration of Justice are excluded from the provisions of paragraph 1.

CHAPTER II

Revaluation of non-concurrent pensions

Section 1. System Pensions

Subsection 1. General Rules

Article 3. Amount of the revaluation.

1. The pensions referred to in paragraph 1 of the previous Article, which were incurred before 1 January 2016 and are not concurrent with other pensions, shall be revalued at 0,25%.

2. The amount of the pension, once revalued, shall be limited to the amount of EUR 2,567,28, meaning that amount referred to the amount of an ordinary monthly allowance, without prejudice to any extraordinary payments that may be payable. Such a monthly limit shall be subject to adjustment in cases where the pensioner is entitled or not to receive 14 pages per year, including in one case or another, the extraordinary payments, for the purposes of which the amount does not exceed or may to reach, respectively, EUR 35,941,92, in annual accounts.

3. Pensions in excess of EUR 2,567,28 per month shall not be revalued except as referred to in paragraph 2

4. The revaluation of invalidity pensions shall be effected by applying the rules laid down in paragraph 1 in a separate manner to the pension and the supplement.

For the purposes of the ceiling referred to in paragraph 2, only the pension shall be calculated without supplement.

5. The amount of the retirement pension compatible with the work provided for in Article 3 of the Royal Decree-Law of March 15, of measures to promote the continuity of the working life of older workers and to promote the Active ageing shall not exceed 50 per 100 of the maximum limit set out in paragraph 2.

Article 4. Application of the revaluation.

The revaluation shall be applied to the monthly amount of the pension in question on 31 December 2015, excluding the concepts listed below:

a) The recognized add-ons to achieve the previously set minimums.

b) The cost of financial benefits due to lack of safety and hygiene measures at work.

(c) Perceptions of temporary income from family charges and supplementary compensation for the provision and renewal of prosthetic and orthopaedic appliances, in the case of pensions for the safe-end of accidents occupational diseases and diseases.

Subsection 2. Mits Add-ons

Article 5. Allowances for minimum contributory pensions.

The amount of non-concurrent pensions, once revalued, in accordance with the foregoing subsection, shall be supplemented, where appropriate, by the amount necessary to achieve the minimum amounts reflected in the Annex.

Article 6. Income limit and other requirements.

1. The minimum supplements are not consolidated and will be absorbed with any future increase that may be experienced by the interested parties, either in terms of revaluations or for the recognition of new benefits. of a periodic nature that give rise to the concurrency of pensions, which is regulated in the next chapter of this royal decree. In the latter case, the absorption of the supplement by minima shall have effect from the first day of the month following the date of the decision on recognition of the new pension.

2. The supplement to the minimum will be incompatible with the perception by the pensioner of income from work, capital or economic activities and property gains, according to the concept established for such income in the tax on the Income of the Physical Persons and computed in accordance with the provisions of Article 50 of the recast of the General Law of Social Security, approved by the Royal Decree of Law 1/1994 of 20 June, when those incomes exceed EUR 7,116,18 per year.

3. Where the sum, in annual accounts, of the yields referred to in the preceding paragraph and the pension corresponding to the pension is less than the sum of EUR 7,116,18 plus the amount, also in annual accounts, of the minimum amount fixed for the class of the pension in question, a supplement equal to the difference shall be recognised, distributed among the number of monthly allowances in which the pension is paid.

4. The requirements set out in the preceding paragraphs shall be understood to be met where the person concerned shows that he or she is to receive income in the form referred to in paragraph 2, in the form referred to in paragraph 2, of a sum equal to or less than 7,116,18 euro.

Pensioners who in the course of the financial year 2016 receive accrued income exceeding the limit referred to in the preceding paragraph, shall be obliged to communicate such circumstances to the managing entities within one month. since it occurs.

In order to credit income and income, the social security management entities may at any time require the recipients of supplements to a minimum of a statement of these, as well as their assets and, in their case, the contribution of the tax returns submitted.

Where the recognised pension is supplemented by the amount necessary to achieve the minimum amounts set out in the Annex and will subsequently be checked against the income received by the pensioner during the year 2016, in Annual accounts, irrespective of the date of their receipt and the fact that they have been periodic or single payment, have exceeded the limit laid down in this Article, the amounts paid as a supplement to the minimum throughout the calendar year shall have the consideration of unduly received. It shall not prevent such consideration from having fulfilled the obligation laid down in the second subparagraph.

5. In the minimum assigned to pensions of great invalidity, the two components of the pension referred to in Article 3.4 are included.

6. With respect to pensions caused from 1 January 2013, in order to be entitled to the supplement to achieve the minimum amount of pensions, it will be necessary to reside in Spanish territory in the terms provided for in the additional provision Fifth of the General Law of Social Security. For pensions arising from the date indicated, the amount of such allowances shall in no case exceed the amount laid down in each financial year for retirement and invalidity pensions in their non-contributory form.

7. Where the orphan's pension from 1 January 2013 is increased by the amount of the widow's pension, the limit on the amount of the supplement to the minimum allowance shall only be referred to that of the widow's pension resulting from the increase in the amount of the pension. of the orphan's pension.

8. Pensioners who are highly disabled and who have been recognised as a supplement to pay the person in question shall not be affected by the quantitative limit laid down in paragraph 6.

9. Where the supplement to the minimum pension is requested after recognition of the pension, it shall have effect from the three months preceding the date of the application, provided that all the requirements for the pension are met at that time. be entitled to the said supplement.

Article 7. Supplement to minimum according to the different modes of coexistence and economic dependence.

1. A spouse shall be deemed to be in charge of the holder of a pension for the purposes of recognition of the minimum amounts laid down in the Annex where he is living with the pensioner and is economically dependent on him.

Except in the case of legal separation, the coexistence will be presumed whenever the marriage bond is preserved, without prejudice to the fact that this presumption can be destroyed by the research activity of the Administration.

It will also be understood that there is an economic dependency on the spouse when the following circumstances are present:

(a) The pensioner's spouse is not, in turn, the holder of a pension in charge of a public basic social security scheme, with the understanding of pensions recognised by another State, as well as the minimum income guarantee subsidies and third-party aid, to which the single transitional provision of the recast text of the General Law on the Rights of Persons with Disabilities and its Social Inclusion, adopted by the Commission, is concerned. Real Legislative Decree 1/2013 of 29 November and the care pensions regulated in the Law 45/1960, of 21 July, for the creation of certain National Funds for the social application of tax and savings.

(b) The income from any nature of the pensioner and his spouse, calculated in the form referred to in paragraph 2 of the previous article, is less than EUR 8,301.10 per year.

When the sum, in annual computation, of the yields referred to in the preceding paragraph and of the amount, also in annual computation, of the pension to be supplemented is less than the sum of 8,301.10 euros and the annual amount of the minimum pension with the spouse in question, a supplement equal to the difference shall be recognised, distributed among the corresponding number of monthly payments.

2. A spouse who is not in charge of the holder of a pension shall be deemed to exist for the purposes of recognition of the minimum amounts laid down in the Annex where he is living with the pensioner and is not economically dependent on him in the terms provided for in the preceding paragraph.

3. The pensioner shall be deemed to constitute a single-person economic unit, for the purposes of the application of the provisions of the additional twenty-fourth provision of Law 40/2007 of 4 December of 4 December, of measures in the field of social security, where, by crediting the right to supplement to minimum income support, in accordance with the provisions of the previous Article, it is not included in any of the assumptions provided for in the preceding paragraphs of this Article.

4. With respect to pensions caused from 1 January 2013, in order to be entitled to the supplement to achieve the minimum amount of pensions, it will be necessary to reside in Spanish territory in accordance with the provisions of the additional provision Fifth of the General Law of Social Security. Where there is a spouse in charge of the pensioner, he may not exceed the amount corresponding to the non-contributory pension for the purposes of paragraph 1.1. of Article 145 of the recast of the General Law on Security Social, for the economic units in which two beneficiaries are entitled to a pension.

5. The recipients of allowances by spouse in charge shall be obliged to declare, within the month following the date of their occurrence, any change in their marital status affecting that situation, as well as any change in the situation of the spouse. economic dependency on your spouse.

Without prejudice to the foregoing paragraph, the Social Security Management Entities may, at any time, request the identification of the spouse, as well as a statement of the revenue they receive. both spouses.

6. The loss of the right to the supplement by a spouse in charge shall have effect from the first day of the month following that in which the causes which gave rise to his recognition cease, except in the cases where the loss is due to exceeding during 2016 of the returns referred to in paragraph 1.b, in which case the provisions of the last paragraph of Article 6.4 shall apply.

7. Failure by the beneficiaries to comply with the provisions of Article 6.4 and paragraph 5 of this Article shall constitute an infringement within the meaning of Section 2 of Chapter III of the recast of the Law. on infringements and sanctions in the social order, approved by the Royal Legislative Decree 5/2000 of 4 August.

Section 2. Pensions of compulsory old age and invalidity

Article 8. Revaluation of the pensions of the Compulsory Insurance for Old Age and Invalidity.

1. The revaluation of the pensions of the late Compulsory Old-age and Non-concurrent Invalidity with other public pensions, whatever the date of the causative event, will consist of the difference between the amount of the pension to 31 of December 2015 and the amount of EUR 5,698,00, in annual calculation.

For the purposes of the foregoing paragraph, the economic benefits recognised under Law 3/2005 of 18 March 2005, for which an economic benefit is recognised, shall not be considered as concurrent pensions. citizens of Spanish origin displaced abroad, during their age minority, as a result of the civil war, and who developed most of their life outside the national territory, nor the pensions perceived by the mutilated or useful In the first place, we have been unable to do so because of the last Spanish civil war, whatever the applicable legislation, extraordinary pensions arising from acts of terrorism, nor the aid allowance for the third person, as referred to in the single transitional provision of the recast text of the General Law on the Rights of Persons with disability and its social inclusion.

When, for the recognition of a pension from the compulsory insurance of Old Age and Invalidity, periods of insurance or residence completed in other countries linked to Spain by international standard of Social security providing for such aggregation, the amount of the pro rata pension in charge of Spain may not be less than EUR 2,849.00 in annual accounts.

This same guarantee will apply in relation to the holders of other pensions other than those of the Compulsory Insurance of Old Age and Invalidity that opt for any of these pensions, provided that at the date of the the pension to be received would have met all the conditions required by that insurance.

2. The revaluation set out in the previous section is not consolidable.

CHAPTER III

Pension concurrency

Section 1. Common Rules

Article 9. Pension concurrency.

1. For the purposes of this Title, it shall be understood that there is a pension provision where the same beneficiary is recognised or is recognised more than one pension from one of the following entities and bodies:

(a) Those paid by the State Passive Classes Scheme and, in general, those paid out of appropriations under Section 07 of the State Expenditure Budget.

(b) Those paid by the General Regime and the special social security schemes, those in the non-contributory form of social security, the financial benefits for the elderly and the incapacity for the benefit of the Spanish residents abroad and care pensions for the elderly for returning Spaniards of origin.

(c) Those paid by the Special Funds of the General Mutuality of Civil Servants of the State, of the Social Institute of the Armed Forces and of the General Judicial Mutuality or by the aforementioned mutual societies, as well as the paid by the Special Fund of the National Social Security Institute.

(d) Those paid by the systems or systems of foresight of the Autonomous Communities and local corporations and by the entities themselves.

(e) Those paid by mutual funds, montepios or social security institutions to be financed in whole or in part with public resources.

(f) Those paid by companies or companies with majority, direct or indirect participation, in their capital of the State, of the Autonomous Communities or of the local corporations or of the self-employed bodies of one and the other, or directly or through the subscription of the relevant insurance policy with a different institution, whatever the legal nature of the insurance policy or by the mutual societies or institutions of provision of those institutions, in which the contributions In the case of pension funds, the direct income of the pension will be supplemented by public resources, including those of own company or company.

g) Those paid by the State Administration or by the Autonomous Communities under Law 45/1960 of 21 July and of Royal Decree 2620/1981 of 24 July on the granting of aid from the National Fund of Social Assistance to the elderly and to sick or disabled persons unable to work, as well as the economic benefits of guarantee of minimum income and aid for the third person, to which the single transitional provision of the text refers recast of the General Law on the Rights of Persons with Disabilities and their Social Inclusion.

h) Other than those listed in the preceding paragraphs, which are paid in whole or in part by public resources.

2. However, by way of derogation from the preceding paragraph, they shall not be considered as public pensions, nor shall they be taken into account for the purpose of limiting the initial claim or the fixing of the maximum amount of the public pensions, which are paid by means of employment pension schemes or collective insurance contracts, including those formalised by a business social security mutual fund, promoted by the authorities, bodies, entities and companies referred to in the second final provision of the recast text of the Law on the pension plans and funds, approved by the Royal Legislative Decree 1/2002 of 29 November, and in the terms in it expressed.

3. In cases where the retirement pension is compatible with the work provided for in Article 3 of the Royal Decree-Law of 15 March, it shall be in any other public pension, after the amount of the said pension is determined. Retirement, limited in case as provided for in Article 3.5 of this royal decree, will apply the general rules foreseen for the alleged pension concurrency.

Section 2. Revaluation applicable to pensions of the Social Security System

Subsection 1. General Rules

Article 10. Revaluation of the concurrent pensions of the Social Security system.

1. The concurrent pensions of the Social Security system shall be recovered by applying to each of them the provisions of Article 3.1, without the sum of the concurrent pensions, once revalued, being higher than the amount indicated in the paragraph 2 of that Article.

2. If, as a result of the application of the maximum ceiling referred to in Article 3.2, the amount of the increase to be allocated in respect of revaluation should be reduced, the excess to be absorbed shall be apportioned proportionately. among the amounts that would have been allocated to each of the pensions in the absence of the aforementioned ceiling.

3. In the case of revalorizable and non-revalorizable pensions of the Social Security system, the sum of which amounts in 2015 to EUR 2,560,88 per month, the theoretical revalorations of the amounts shall be recalculated from their initial recognition. revalorizable pensions to ensure, where appropriate, the ceiling set out in Article 3.2.

Article 11. Revaluation of the pensions of the social security system concurrent with other public pensions.

When a holder has recognized one or more pensions of the Social Security system, in concurrency with one or more pensions of those mentioned in Article 9, the revaluation of the pensions of the Social Security shall be carried out in accordance with the following

:

1. If the sum of the concurrent pensions does not exceed the ceiling laid down in Article 3.2, the amount of the revaluation of the pension or social security pension shall be determined in accordance with the provisions of the Article previous.

However, for the purposes of the revaluation of the pensions of the Social Security system, the pension supplements granted to employees under collective agreements or rules of procedure shall not be taken into account. which, as a result of the restructuring of the workforce or similar cause, anticipates the retirement age, obtaining the pension with the application of the reduction coefficient of the percentage of the pension. This shall be without prejudice to the application of the ceiling of EUR 2,567,28 per month for the purposes of applying the ceiling.

Where the pension paid to the Social Security system, under its specific rules, is not revalued, the Social Security pension shall be increased by the percentage referred to in Article 3.1.

2. If the sum of the public pensions received by the holder, after being revalued, reaches the ceiling referred to in Article 3.2, the following rules shall apply:

First.-When all public pensions received by the holder are revalued, the following shall be taken into account:

(a) An annual ceiling shall be determined for the amount of the payments to be made in respect of the Social Security pension. This limit shall consist of a figure which shall be equal to the amount of EUR 35,941,92 per year for the same proportion as the Social Security pension for all the concurrent pensions corresponding to the same amount. holder.

The "L" limit is obtained by applying the following formula:

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being "P" the annual theoretical full value reached at December 31, 2015 of the pension in charge of Social Security, and "T" the result of adding to the previous figure the full value, in annual terms, of the remaining concurrent pensions of the same holder.

b) Obtained such a limit, the Social Security shall pay only the amounts due as soon as they do not exceed the amount of the pension. In another case, the excess over that limit must be absorbed, in proportion to the amount of each of the concurrent pensions and to that of the excess in the Social Security pension.

Second. -Where pensions other than the Social Security system under its specific rules are not revalued, the Social Security pension shall be increased by the percentage referred to in Article 3.1 or, in its defect, in the amount necessary to ensure that the total amount of all the pensions received by the holder, once they have been recovered from the social security system, does not exceed the ceiling referred to in Article 3.2, applying, where appropriate, the provided for in Article 10.3.

3. For the purposes of determining the limit laid down in paragraph 2, where two or more of the social security contributions are between the concurrent pensions, they shall be regarded as a single pension for the prior application of the provisions of paragraph 2. previous.

4. Where the sum of the concurrent pensions exceeds the amount of EUR 35,941,92, in annual accounts, the amount of Social Security shall not be revalued.

5. Where, on the occasion of initial recognition, the ceiling referred to in this Article is to be applied, the concurrent pensions shall be deemed to have been caused at the same time when the contingencies resulting from them have occurred. on the same date, irrespective of the time at which the decisions or acts of recognition and their economic effects are given.

Subsection 2. Mits Add-ons

Article 12. Application of the supplements to the minimum in the case of pension concurrency.

1. In the case of a pension scheme, the application of the minimum allowances referred to in Articles 5 to 7 shall be carried out in accordance with the following rules:

(a) Only a minimum supplement shall be recognised if the sum of all the concurrent pensions, once they have been recovered from the Social Security in accordance with the rules applicable to them, is less than the minimum it corresponds to that of the Social Security system which has the highest point, in annual computation. This supplement shall consist of the amount necessary to achieve the said minimum amount.

(b) The corresponding supplement in accordance with the provisions of the preceding standard shall apply to the concurrent pension determining the minimum amount.

2. For the sole purpose of ensuring the guarantee of allowances for minimum allowances, public pensions which are not in charge of any of the basic public social security schemes shall be equated with income or work income.

The flat-rate amounts and the periodic payments made to the Spanish pensioners on the basis of the Agreement concluded between Spain and the United Kingdom on 18 September 2006 shall not be taken into account no effect on the recognition of supplements to achieve the minimum amount of pensions.

Section 3. Pensions of compulsory old age and invalidity

Article 13. Revaluation of the pensions of the Compulsory Insurance of Old Age and Invalidity in concurrence with other pensions.

1. The pensions of the compulsory insurance for old age and invalidity shall not be revalued with any other pension referred to in Article 9, except for the economic benefits recognised under Law 3/2005, 18 In March, citizens of Spanish origin displaced abroad, during their age, as a result of the civil war, with the pension perceived by the mutilated or disabled first graders because of the past civil war. Spain, whatever the regulatory legislation, with the aid subsidy for the third person referred to in the single transitional provision of the recast text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, and with extraordinary pensions arising from acts of terrorism.

2. By way of derogation from the preceding paragraph, where the sum of all the concurrent pensions, once revalued, and those of the aforementioned compulsory old-age and invalidity insurance, calculated as one and the other on an annual basis, is less than EUR 5,698,00, the pension of the said insurance shall be revalued at an amount equal to the resulting difference. This difference is not of a consolidable character, being absorbable with any increase that may be experienced by the perceptions of the person concerned, either in terms of revaluations or for the recognition of new features of character newspaper.

3. Irrespective of the provisions set out in the preceding paragraphs, the amount of the pension for the compulsory retirement age and invalidity shall be taken into account for the sole purpose of the sum of the concurrent pensions referred to in the Article 10.1.

4. In the case of an old-age pension or invalidity pension, the term 'compulsory old-age insurance' and 'invalidity' with a pension for the purposes of any of the schemes of the social security system or with any of these pensions, and with any other public pension, the amount of such pensions shall be EUR 5,532,80, in annual accounts, without prejudice to the application of the limit laid down in the seventh transitional provision of the recast of the General Law of Social Security. In the case of exceeding that limit, the amount concerned shall be reduced to the amount necessary to ensure that the limit is not exceeded.

However, in these cases of concurrence, if the interested parties had recognised higher amounts prior to 1 September 2005, the general rules on revaluation contained in the the preceding paragraphs, provided that, by virtue of these rules, the sum of the amounts of the concurrent pensions remains higher than the limit referred to in the preceding paragraph.

CHAPTER IV

Pensions recognised in application of international standards

Article 14. Revaluation of recognised pensions in application of international standards.

1. The revaluation of pensions which have been recognised under international standards for which the Social Security Office is responsible for a percentage of its theoretical amount shall be carried out by applying the said rate to the increase which it would have been for the Spanish Social Security to be in charge of 100% of the pension.

In the amount of the theoretical amount referred to in the preceding paragraph, the supplement shall not be considered as a supplement to a minimum which, if applicable, may correspond, unless otherwise provided for in a bilateral agreement or multilateral.

The maximum limit provided for in Article 3 shall apply to the theoretical pension.

2. A prorated pension, once revalued in accordance with the provisions of the preceding paragraph, shall be added to it, where appropriate, in accordance with the general rules laid down, the supplement to the minimum corresponding. This supplement shall be calculated by applying the percentage taken into account in paragraph 1 to the difference between the amount which the 100% of the pension and the minimum amount of the Spanish Social Security would have corresponded to which may correspond to the application of the general rules.

3. If, after having applied the provisions of the previous paragraph, the sum of the amounts of the pensions, recognised under a bilateral or multilateral social security agreement, both by Spanish and foreign legislation, is less than the minimum amount of the pension in force at any time in Spain, shall be guaranteed to the beneficiary, as long as it resides in national territory and meets the requirements of the general rules, the difference between the sum of the recognised, Spanish and foreign pensions, and the minimum amount.

For pensions recognised under the Community regulations on social security, the provisions of Article 50 of Council Regulation (EEC) No 1408/1971 of 14 June 1971 on the protection of workers ' rights in the field of social security shall apply. application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, and to Article 58 of Regulation (EC) No 883/2004 of the European Parliament and of the Council European Parliament and the Council of 21 April 2004 on the coordination of security systems Social.

For the purposes of the application of the foregoing paragraphs, the fixed amounts of the Compulsory Old-age and Invalidity Insurance shall be considered as minimum amounts.

4. For the purposes of Articles 5 to 7, benefits received from a foreign entity shall be deemed to be income or income from work, except for the application of paragraph 3 of this Article or in an agreement Another thing is available in bilateral or multilateral.

5. To carry out the calculation of the supplement which, where appropriate, must be recognised as a beneficiary, the amount of the foreign pension shall be considered in euro. The exchange rate to be applied shall be that set for 1 January 2016 or for the date corresponding to the date on which the right to the said supplement is caused during 2016. The fixing of such a change shall be made in accordance with the provisions laid down for the implementation of Community regulations and bilateral or multilateral conventions.

6. For pensions from 1 January 2013, the amount of the sum of the supplements recognised in accordance with paragraphs 2 and 3 shall not exceed the corresponding quantitative limits as set out in paragraphs 6 to 8 of this Regulation. Article 6, and Article 7 (4).

CHAPTER V

Application Rules

Section 1. Funding

Article 15. Financing of the revaluation of pensions.

1. The revaluation of pensions set out in this Title shall be financed from the general resources of the Social Security system, in accordance with the corresponding budget allocations.

2. Mutual partners with social security shall be involved in the cost of the revaluation, including minimum allowances, of occupational accidents and occupational diseases, by means of contributions to be made by the Ministry of Employment and Social Security, in accordance with the provisions of Article 76 of the General Regulation on the Listing and Settlement of Other Rights of Social Security, adopted by Royal Decree 2064/1995 of 22 December 1995, and concordant.

Section 2. Management

Article 16. Recognition of the right to revaluation.

The National Institute of Social Security and the Social Institute of the Navy, in the field of their respective competences, will proceed to the recognition of the right to the revaluation established in the articles above.

The managing bodies and bodies referred to in Article 9 shall be obliged to provide as much data as they are required to be able to carry out the revaluation and, in particular, they shall specify whether the performance by they are granted or are not revalued, in accordance with the rules applicable to them, or if they are constituted by the supplements referred to in the second paragraph of Article 11.1 (1), as well as the number of pages with which the pension is received.

TITLE II

Social Security Pensions in Non-contributory Mode

Article 17. Revaluation of Social Security pensions in their non-contributory mode.

1. For the year 2016, the amount of retirement and invalidity pensions, in their non-contributory form, is fixed at EUR 5,150,60 per year.

2. For the year 2016, the pension supplement established in favour of the pensioner will be charged an amount of EUR 525,00 per year, which will provide proof of the lack of housing on property and, as a habitual residence, a rented housing. A pensioner whose owner does not have the relationship of parentage to the third degree, is not a spouse or a person with whom he or she constitutes a stable union and coexists with a similar relationship of affectivity to the conjugal. In the case of family units in which a number of non-contributory pension recipients live, only the holder of the rental contract or, if several, the first of them may be awarded the supplement.

The recognition of this supplement is governed by the provisions of Royal Decree 1191/2012 of 3 August 2012 laying down rules for the recognition of the pension supplement for the rental of housing in favour of the Social Security pensioners in their non-contributory modality, in the terms set out in Article 45.2 of Law 48/2015 of 29 October, of General State Budgets for the year 2016.

Additional disposition first. Revaluation of pensions arising from accidents at work and occupational diseases.

For the revaluation of the pensions of the Social Security system for permanent incapacity or death and survival, resulting from accidents at work or occupational diseases, the following shall be taken into account:

(a) The annual amount of the pension shall be divided by 14, and the resulting ratio shall be considered as the monthly amount of the pension for the purposes of applying the general revaluation referred to in Article 3.

(b) For the purposes of determining the minimum allowances laid down in Articles 5 to 7, the same shall apply in the same way as in the preceding paragraph, but on the basis of the pension already recovered as provided for in the preceding paragraph. Where the quotient obtained is less than the minimum amount established for the pensions of its class, the difference shall be the minimum supplement.

(c) The increase resulting from the application of the provisions of paragraph (a) and, where appropriate, in the (b) of this provision shall be increased to the amount of each pension allowance, except for June and November, in the increase will be double.

Additional provision second. Application of the add-ons to minimums in special cases.

1. The allowances for the minima laid down in Articles 5 to 7 shall also apply to pensions from 1 January 2016.

2. The fixed amounts of the Compulsory Old-age and Invalidity Insurance, as referred to in Article 8, are equally applicable, in accordance with the provisions laid down in it, to pensions from 1 January 2016.

3. Pensioners who, on 31 December 2015, are less than 60 or 65 years of age shall, where appropriate, notice the amounts established for those who are of that age in the articles referred to in the preceding paragraphs, from day 1 of the month following that in which they are 60 or 65 years of age, respectively.

4. In those systems of the social security system, which have been provided for reducing the retirement age, depending on the activity carried out, the age of 65 years, for the purposes of determining the right to supplement by Minimum requirements in this royal decree shall be deemed to be fulfilled where the application of these coefficients is an age equal to or greater than that of 65 years, provided that the beneficiaries comply with the other requirements.

Additional provision third. Revaluation of extraordinary pensions arising from acts of terrorism.

The extraordinary pensions of social security arising from acts of terrorism, provided for in Royal Decree 1576/1990 of 7 December 1990 on the granting of pensions in the social security system (a) extraordinary reasons for acts of terrorism shall be revalued on the same terms and conditions as those provided for in Chapter II of Title I of this royal decree, not being subject, in any case and in accordance with the provisions of the Article 39 of Law 48/2015 of 29 October 2015 at the limits provided for in general. the amounts of such pensions shall not be taken into account for the purposes of the application of the said limits in the case of the same holder of other public pensions.

Additional provision fourth. Rectification of the revaluation acts.

The acts of the entities or bodies to which the recognition of the pension revaluation corresponds, which have been dictated in application of this royal decree, may be rectified ex officio in the cases of errors materials or in fact or when omissions or inaccuracies are found in the beneficiary's declarations, in accordance with the procedures and requirements laid down in the legal order.

Additional provision fifth. Family benefits of Social Security.

As provided for in the additional twenty-sixth provision of Law 48/2015 of 29 October 2016, as of 1 January 2016, the amount of the family benefits of Social Security, in its non-contributory form, as well as the amount of the income limit for access to them, as laid down in Section II of Chapter IX of Title II of the recast text of the General Law on Social Security, shall be as follows:

1. The amount of the economic allocation set out in Article 182 bis.1 shall be calculated on an annual basis of EUR 291,00.

2. The amounts of the allocations set out in Article 182 bist.2 for cases where the child or child received in charge has the status of a person with a disability shall be:

a) 1,000,00 euros when the child or child in charge has a degree of disability equal to or greater than 33 percent.

(b) EUR 4,414,80 when the child in charge is over 18 years of age and is affected by a disability to a degree equal to or greater than 65%.

(c) EUR 6,622,80 when the child in charge is over 18 years of age, is affected by a disability to a degree equal to or above 75 per cent and, as a result of anatomical or functional losses, needs the contest of another person to perform the most essential acts of life, such as dressing, scrolling, eating or analogous.

3. The amount of child birth or adoption provided for in Article 186.1, in the case of large, single parent families and in the case of mothers with disabilities, shall be EUR 1,000,00.

4. The income limits for entitlement to the economic allowance per child or child under charge, as referred to in the first and second subparagraphs of Article 182.1.c, are fixed at EUR 11,576,83 per year and, in the case of large families, EUR 17,423,84, with an increase of EUR 2,822,18 for each dependent child from the fourth, is included.

Additional provision sixth. Mobility allowance and compensation for transport costs.

From 1 January 2016, the mobility allowance and compensation for transport costs, as referred to in Article 8.1.b) of the recast text of the General Law on the Rights of Persons with Disabilities and their social inclusion, is fixed at € 63.30/month.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.17. of the Constitution, which attributes exclusive competence to the State in matters of the economic regime of social security.

Final disposition second. Enabling regulatory development.

The Minister of Employment and Social Security is empowered to make the necessary provisions for the implementation and development of this royal decree.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day of its publication in the "Official Gazette of the State", with effect, in respect of the revaluation of pensions, as well as of the amounts of the economic allocations per child or less received from the service and from the mobility allowance and compensation for transport costs, from 1 January 2016.

Given in Madrid, on December 29, 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

ANNEX

Social Security System

Table of minimum contributory mode pension amounts for the year 2016

Retirement:

Permanent Incapacity:

: Headline with sixty-five years

	Class
		With Spouse in charge - Euros year	No spouse: one-person economic unit - Euros year	With spouse not in charge - Euros year
Headline with sixty-five years	10.988.60	8.905.40	8.449.00
less than sixty and five years	10.299.80	8.330.00	7.872.20
Holder with sixty-five years of high invalidity	16.483.60	13,358.80	12.674, 20
Invalidity	Table_table_der" > 16.483, 60	13.358.80	12.674.20
Absolute	10.988, 60	8.905.40	8.449.00
10.988.60	8.905, 40	8.449.00
Total: Titling between sixty-sixty-four years	10.299, 80	8.330.00	7.872.20
Total: Common Disease Derivatives under sixty years	5.538.40	5.538.40	5.045.04
accident regime partial: Titling sixty-five years	10.988.60	8.905.40	8.449.00
Widess:
Holder with family loads		10.299.80
with sixty-five years or with disabilities in grade equal to or greater than 65 per 100		8.905.40
Entitled with age between sixty-sixty-four years		8.330.00
Headline with less than sixty years		6.742, 40

	Class	Euros/year
	Orfad
By payee	2,720,20
By disabled beneficiary under 18 years with a disability in grade equal to or greater than 65 per 100	5.353.60
In the absolute orphanage the minimum will be increased by 6,742.40 euros/year distributed, if any, among the beneficiaries.
	In favor of
	2.720.20
If no pensioner widower or orphan exists:
A single payee with sixty-five years	6.575.80
A single beneficiary less than sixty-five years	6.195.00
Multiple Payees: The minimum assigned to each will be increased by the amount which results from prorating 4.022.20 euros/year between the number of beneficiaries.