The General Budget Law for the year 2010 contains, within its title IV and the corresponding provisions, the basic criteria for determining the amount of public pensions, with a general nature, revaluation in accordance with the consumer price index (CPI) provided for that economic year.

By this royal decree, the legal provisions referred to in the aforementioned law are developed in the matter of Passive Classes, establishing the revaluation of pensions by one percent, whichever is the same. regulatory legislation, with the exception of exceptions legally provided for in that legislation. In addition, the rules and the procedure for making the revaluation are fixed in this royal decree.

Moreover, the system of economic supplements for minimum pensions, also provided for in the aforementioned law, is regulated, which have an increase of between 2 and 4.7%, according to the situation of the pensioner and class of the pension in question, in order to ensure at all times an adequate level of income for those who do not reach the legally established minimum amounts.

Due to its special features, an independent chapter establishes the revaluation of the pension of Passive Classes recognized under the Community regulations.

Finally, certain rules are laid down in relation to the new conditions laid down for widow's pensions, in cases of divorce or legal separation, in Article 38.2 and in the transitional provision Twelfth of the recast text of the Law of Passive Classes of the State, approved by Royal Decree 670/1987, of April 30, in the wording given by the final disposition of the Law of the General Budget of the State for 2010.

In short, this royal decree gives compliance through the aforementioned measures to those legal forecasts, in order to facilitate its rapid application to the benefit of the collectives affected.

In its virtue, on the proposal of the Minister of Economy and Finance, in agreement with the State Council, and after deliberation by the Council of Ministers at its meeting on 23 December 2009,

DISPONGO:

CHAPTER L

General rules on the revaluation of pension classes Passive classes for the year 2010

Article 1. Amount of the increase for the year 2010 of the pension of Passive Classes.

According to the provisions of Article 44 (1) of the General Budget Law for the year 2010, the pensions paid by Passive Classes will be increased by 1 percent. (a) the amount of the amount of the amount of the amount of the amount of the amount of the amount of the total amount of the amount of the pension, the amount of which shall be paid by 31 December 2009, except those covered by Title II of Royal Decree 851/1992 of 10 July 1992; adapt to the amounts corresponding to their own legislation.

Article 2. Non-revalorizable pensions during the year 2010.

Notwithstanding the provisions of the previous article, and in accordance with the provisions of Article 45 (1) of the expressed State General Budget Law for 2010, no increase will be made. The following Passive Classes pensions:

(a) Those whose full amount, in addition, if applicable, to the monthly full amount of other public pensions received by the holder, exceeds EUR 2,466,20 inclusive in monthly computation where the holder is entitled to to receive 14 monthly payments or, in other cases, EUR 34,526,80 in annual accounts.

(b) Recognized in favour of State Camineros and caused prior to 1 January 1985, with the exception of those whose holder only received this pension for such a condition.

Article 3. Extraordinary pensions for acts of terrorism.

1. In accordance with the second paragraph of Article 45.anoa) and Article 46.4 of the General Budget Law for the year 2010, as well as in Royal Decree 851/1992 of 10 July 1992, the Passive classes originating in terrorist acts are exempt from the exclusionary or limiting rules referred to in Article 2.a) and Article 4.2. of this royal decree.

2. In the event that, together with any of the pensions referred to in the previous paragraph, a person is entitled to receive at 31 December 2009 some or some other public pensions, the rules which are exclusive or limiting, cited, if applicable in respect of the latter.

Article 4. Rules for the increase of pension of Passive Classes.

The application of the increment set in Article 1 of this royal decree will conform to the following rules:

1. The increase shall apply to pensions which were caused before 1 January 2010 on the monthly full amount which it received or would have received from its holder as at 31 December 2009. It will then proceed to its update according to the norms that on revaluation, concurrency of pensions and limitation of its increase are contained in the Laws of corresponding Budgets, applying for the year 2010 the increase from.

2. For the purposes of Article 46 of the General Budget Law of the State for the year 2010, the amount of the pension or set of pensions paid out of the Passive Classes receivable by the same person Once the increase from each of them has been applied, the holder shall be limited to the amount of EUR 34,526,80 full per year, including the amount of the ordinary monthly payments as well as the amount of the payments extraordinary that they may correspond.

In the pensions of widowers, increases for children who may have been recognised under Law 19/1974 of 27 June and Law 74/1980 of 29 December 1981 on the General Budget of the State for 1981 do not shall in no case count for the purpose of the application of the maximum limit of perception set out in the preceding paragraph.

In the event that in the same holder one or more of the pension of Passive Classes with another or other public pensions is present, the value of the pension or pension set of Passive Classes will have as a limit a figure that with a total of EUR 34,526,80 per year the same proportion as that pension or pension with the total public pension scheme to be paid by the holder.

That limit (L) is obtained by applying the following formula:

L =

CP	x 34,526.80 euros annual
T

being 'CP' the full annual theoretical value reached at 31 December 2009 by the pension or pension of Passive Classes and 'T' the result of adding to the previous figure the full value in annual terms of the other pensions at the same time.

3. Set for each assumption and in accordance with the above rules the maximum annual limit of a pension, this limit shall be divided between the number of ordinary monthly payments and extraordinary payments which, in respect of the annuity and in accordance with applicable law, the pensioners are entitled to receive the amount resulting from the monthly amount to be paid by the holder of the pension in each ordinary monthly payment and pay extraordinary.

Article 5. Procedure for revaluation.

1. The revaluation of the pension of Passive Classes for 2010 will be practiced ex officio by the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance.

2. This revaluation shall be carried out taking into account the data of each pension holder as at 31 December 2009. However, in accordance with the provisions of Article 21.2 of the recast text of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April, any recipient of Passive Classes may be required to provide information regarding its economic status with the effects on that standard that are provided for.

3. In accordance with the provisions of Article 46 (3) of the General State Budget Law for the year 2010, the revaluation will be provisional until the Administration has verified the origin of the collection. of the amount, depending on the other perceptions of the holder of a pension or pension and of the rules on concurrency and incompatibility that are applicable in each case.

If the evidence that excess amounts have been collected has been obtained from the elevation of the previously practiced revaluation, the pensioner will be obliged to reintegrate the unduly perceived amount. Without prejudice to the foregoing, in the event that the person concerned has committed in his declaration of falsehood or omission of data, he may be required for the corresponding responsibilities in which he may have incurred.

CHAPTER lI

Add-ons for minimums

Article 6. Economic supplements for Passive Classes pensions during the year 2010.

1. According to the forecasts contained in paragraphs one, two and three of Article 47 of the State Budget Law for the year 2010, the application during the expressed year of economic supplements to the pensions of the Pasivas classes will conform to the following rules:

(a) That pension of the Passive Classes Scheme may be supplemented, whatever the date on which it was caused, which does not reach the corresponding minimum set out in column A of the table set out in paragraph 2 of this Article. this Article, provided that it has been recognised under the general legislation in the field and that its holder does not receive, during the financial year 2010, income from work or capital or that, in receipt of such income, does not exceed EUR 6,923,90 per year.

(b) In the event of receipt of several pensions from the same beneficiary in the preceding paragraph, the supplement shall, where appropriate, apply in respect of that pension which, in the interest of its nature, is allocated an amount greater in column A of the table set out in paragraph 2 of this Article.

(c) The amount of the supplement shall be the amount necessary for the pension to supplement, in full monthly calculation, plus, where appropriate, the full monthly amount of all other pensions payable by the credit institution. Passive classes or other public pensions received by the beneficiary, reach the minimum corresponding to column A of that table.

However, in the event that a proportional share of the widow's pension is recognised, the applicable minimum supplement, if any, will be in the same proportion as was taken into account for the recognition of the the pension.

The amount to be taken into account will be, for the pension of Passive Classes, the one that is once revalued the same according to the provisions of this royal decree, and for the remaining public pensions, the one that is by receiving the beneficiary at the time of submitting the application for the initiation of the economic supplement procedure referred to in paragraph 2 of the following

.

By way of derogation from the preceding paragraph, to the sole guarantee effects of supplements for minima, public pensions which are not in charge of any of the public schemes shall be equated with working income. (a) basic social security schemes, as well as pensions received from a foreign institution, with the exception laid down in Article 9 (3) of the supplementary guarantee for pensions recognised under the provisions of the Community regulations.

(d) The supplement shall be reduced, or shall be abolished, in the amount necessary to ensure that the sum, in annual terms, of the pension supplemented by the provisions of the preceding subparagraph, together with all the working income or replacement of these or capital, received by the beneficiary, does not exceed the corresponding limit in column B of the table below.

For these purposes, the concept of income shall be defined in accordance with the laws of the Income Tax of the Physical Persons, although, in any case, the income corresponding to any pension of the public character, whether or not they are subject to the aforementioned tax; the pension of Passive Classes will be taken at its annual value once revalued in accordance with the provisions of this royal decree; the remaining public pensions will have the annual value which is appropriate at the time of the application for initiation of the procedure in respect of Economic supplements referred to in paragraph 2 of the following Article; and income from work and capital shall be taken into account in the value received in the year 2009, with the exception of those left to be charged on account of the fact that the various pensions, as well as those that are proven to be unperceived in 2010.

The capital gains or capital gains, which are valued in accordance with tax law, shall also be computed between such income.

2. For the purposes of the preceding paragraph, the following amounts shall be taken into

:

	A Minimum pension monthly	B Annual revenue
or retirement pension when there is a spouse in charge of the holder	725.20 euros	17.076, 70 euros
Unspouse retirement or retirement pension: Unpersonal economic unit	587.80 euros	15,153.10 euros
Pension retirement or retirement with non-dependent spouse	557.50 euros	14,728.90 euros
Pension widower	587.80 euros	15,153.10 euros
Pension or pensions in favor of others family, being "n" the number of pension or pension beneficiaries	572.80 euro n	6,923 ,90 + 8.19, 20 euros n

In the case of pension or pensions in favour of other relatives who are perceived by several beneficiaries, the figure resulting from column A of the above table shall not be less than EUR 179,40 per month for each one of the beneficiaries whose annual income does not exceed those listed in column B. However, where one of the beneficiaries is a disabled orphan under the age of 18 with a disability of 65% or more, the minimum amount to be recognised for that orphan shall be EUR 353,20 per month, provided that the Quoted revenue limit requirement.

In widow's pensions, increases for children who may have been recognised under Law 19/1974 of 27 June and Law 74/1980 of 29 December shall not be counted for the purposes of the application of the minimum set in the table above.

For the same purposes, it is understood that there is a spouse in charge of the holder when he is living with the pensioner and is economically dependent on him. Co-existence shall be presumed provided that the marriage bond is preserved, without prejudice to the fact that this presumption may be destroyed by the administration, and the same effects shall be understood to be economically dependent. where the spouse's income, by any means, does not exceed the current minimum interprofessional salary.

3. The economic supplements covered by this provision, which will be paid in 12 ordinary and two extraordinary amounts, all of which are of equal value, will in no way be consolidated and will be absorbed by any future increase which they can experience the perceptions of the person concerned, whether by revaluation or by recognition in their favour of new public pensions.

4. In accordance with the provisions of Article 21.5 of Royal Decree 1288/1990 of 25 October 1990, the right to minimum pension benefits for Passive Classes which would have been obtained under the terms of the standard may be granted.

Article 7. Procedure for economic supplements.

1. It is for the Directorate-General for Personnel and Public Pensions Costs to recognise and determine the economic supplements to which they come, in accordance with the provisions set out in Article 6

2. The procedure shall be initiated at the request of the person concerned by application to the Directorate-General for Personnel and Public Pensions Costs. That request shall be adjusted and completed in accordance with the model established for that purpose.

3. In the light of the information provided by the applicant for the financial supplement and, where appropriate, the information consultation with the Register of Public Social Benefits, the administrative office shall, without further formalities, dictate the decision to be taken, without prejudice to the fact that it is reviewable at any time, in the light of the verification or inspection of the data entered or the variation of the conditions of the right to the supplement.

If the request for economic supplements is made, for the first time, during the current financial year, its economic effects shall be rolled back to 1 January 2010 or to the date of the start of the pension if it is Later.

However, if the request for such recognition is made on the occasion of exercising the right to recover the pension, the economic effects may be those of the date of grubbing-up of the pension, with a maximum retroactive effect of a year since they are requested and provided that the necessary requirements for their receipt are met.

4. If, after recognition of the economic supplements, there is a finding of a contradiction between the declared data and the reality, the applicant shall be obliged to recover the amount unduly received, without prejudice to the against other possible responsibilities in accordance with the legal order.

For the purposes of this review, and in accordance with the provisions of Article 21 of the current consolidated text of the State Passive Classes Act, the pensioner shall provide the Administration with the information that it formally gives to the Administration. required, and payment of the supplement may be suspended in the event of non-compliance with this obligation.

5. The recipient of the pension supplements shall be obliged to inform the Administration, at the time of the occurrence, of any variation in the composition or amount of the income declared in the application, as well as any variation of their marital status or the situation of economic dependence of their spouse in respect of the initially declared. Failure to comply with this obligation, if the undue perception of quantities were to be followed, will give rise to the reimbursement of these amounts.

6. The Directorate-General for Personnel Costs and Public Pensions is entitled to dictate how many Service Instructions may be appropriate, in order to speed up the procedures for the collection of the supplements to which the Article.

Article 8. Prohibition of the granting of economic supplements in Passive Classes.

1. In the event that a pensioner of Passive Classes was entitled to receive, in accordance with the rules of this royal decree, an economic supplement and to be a beneficiary in addition to other public pensions, paid under public schemes In addition, it may not be entitled to any other supplement, in accordance with Articles 47 and 48 of the General Budget Law of the State for the year 2010, not to receive the supplement corresponding to the pension Passive classes except in the following cases:

(a) Where the pensions of the different systems are of the same nature and the total monthly amount of the pension of Passive Classes out of the same amount as the amount corresponding to the other public pension be supplemented.

(b) Where the pensions to be received by the person concerned are of different nature and the minimum monthly pension amount corresponding to that of the Passive Classes is higher than that of the other public pension.

2. In the two cases referred to in the preceding paragraph, the economic supplement to which the person concerned may be entitled to the pension from the Passive Classes Scheme may not be taken into consideration in order to determine the amount of the supplement that it is appropriate for that regime, in accordance with the rules of Article 6 of this royal decree.

CHAPTER III

Pensions recognized under the Community Regulations on Social Security.

Article 9. Revaluation of pensions recognised under Community regulations in the field of social security.

1. The revaluation of pensions recognised under the Community regulations, of which the scheme is in charge of the Passive Classes Scheme, will be carried out by a percentage of the theoretical amount, which will be carried out in the same way as the increase in the amount of the pension. the 100 per cent of the pension would have been in charge of the scheme.

2. A pro-rata pension, once revalued in accordance with the provisions of the preceding number, shall be added to it, where appropriate in accordance with the general rules laid down, the supplement to the minimum corresponding to the rules contained in Chapter II of this royal decree. This supplement shall be calculated by applying the same percentage as was taken into account for the recognition of the pension, to the difference between the amount which would have been paid by the Passive Classes Scheme 100 per cent. one hundred of the pension and the minimum laid down for the benefit in question.

3. If, after having applied the provisions of the preceding paragraph, the sum of the actual amounts of the recognised pensions, both under Spanish and foreign legislation under the Community regulations, is less than the minimum which corresponds to the pension in question, shall be guaranteed to the beneficiary, while residing in the national territory, the necessary difference to the minimum referred to in accordance with the general rules laid down for granting it.

Additional disposition first. Add-ons for minimums and upgrade of other Passive Classes pensions.

1. For the year 2010, the economic supplements referred to in Chapter II of this royal decree shall apply to orphan's pensions recognised under Title II of Law 37/1984 of 22 October of recognition of rights and services. provided to those during the civil war who were part of the Armed Forces, Public Order Forces, and the Carabinieri Corps of the Republic; as well as those recognized in favor of non-disabled orphans over the age of 21, caused by personnel No official under Law 5/1979 of 18 September on the recognition of pensions, medical-pharmaceutical assistance and social assistance in favour of widows, children and other relatives of the Spaniards who have died as a result of or on the occasion of the last civil war; and 35/1980 of 26 June on pensions to the mutilated ex-combatants of the Republican zone; and those caused by the Loteria Operaries, the staff of the Almaden Mines and the Inused or deceased Sanitary Facultals for extraordinary services in the time of the epidemic, and Sub-delegates of Health referred to in the Law of 11 July 1912.

2. Pensions in favour of family members granted under Law 5/1979 of 18 September and Law 35/1980 of 26 June, with the exception of the orphan's pensions referred to in the preceding paragraph, as well as of Law 6/1982, of 29 June 1990, In March, pensions to the mutilated civil war, and the widowed pensions of Title II of Law 37/1984 of 22 October, whatever their initial date of payment, may not be lower in the year 2010 to the amount established, for the (a) to the extent to which it is necessary to carry out the necessary measures to ensure that the social security system is holders over sixty-five years old.

Additional provision second. Automatic adaptation of the add-ons for minimums.

1. The pensions of Passive Classes to which economic supplements would have been applied during the year 2009 shall be adjusted ex officio, and on a provisional basis, with effect from 1 January 2010, to the amounts laid down in Article 6 of this Royal a decree, assuming that its holders fulfil the conditions and requirements laid down in that provision, until such time as the corresponding administrative services are satisfied with the concurrency of those conditions and requirements.

2. If the absence of any requirement or condition results from the verification referred to above, the immediate cessation of the supplement shall be carried out, with a refund of the amount unduly received for such a period from, at most, the first of January of the year 2010. Similarly, if such verification results in the need to modify the amount of the supplement, the appropriate modification shall be made, with drawback of the unduly perceived from the date indicated above.

However, and in accordance with the provisions of Article 7.4 of this royal decree, the drawback of the unduly perceived to the initial date on which the economic supplement began to be paid in exercises will be rolled back. prior to, up to a maximum of four years, if evidence of the fact that the recipient of the person committed any omission or falsehood in the declaration submitted at the time of application for the supplement was found to be prejudice to the responsibilities in which it may have incurred.

Additional provision third. Updating of amounts of certain pensions.

For the calculation of retirement or retirement pensions and the widow's pension of the State Passive Classes Scheme, which are caused during 2010 under the legislation in force at 31 December 1984, the initial amount it shall be corrected by the application of the percentage of 1 and 2 per cent, as appropriate, established for the years 2004, 2006, 2007 and 2008 in paragraph 4 of the fifth and sixth additional provisions, as well as of the provision In addition, it is necessary to provide the Commission with a view to the Commission's decision to take the necessary measures. 51/2007, of December 26, of General State Budgets for the year 2004, 2006, 2007 and 2008, respectively.

To this effect, the improvement by child in charge that may correspond to the pensions of widower by application of Laws 19/1974, June 27, and 74/1980, of December 29, will be computed.

Additional provision fourth. Update of the social aid of Royal Decree-Law 9/1993 of 28 May granting aid to those affected by the Human Immunodeficiency Virus (HIV) as a result of actions carried out in the public health system.

According to the provisions of the eighth additional provision of the State Budget Law for the year 2010, the monthly amounts of social aid, in favor of the people who were contaminated by the The Human Lnmmundeficiency Virus (HIV), as referred to in Article 2.1 (b), (c) and (d) of Royal Decree-Law 9/1993 of 28 May, shall be determined by the application of the proportions set out in the above letters on the amount of EUR 587.61.

Additional provision fifth. Widow's pensions in cases of divorce or legal separation.

In accordance with the provisions of the final provision tenth. One of the General Budget Law for 2010, the amount of the widow's pension, or of the temporary benefit, which may correspond to the victim of the Gender-based violence shall in no case be reduced even if the victim is a creditor of the compensatory pension referred to in Article 97 of the Civil Code.

Single transient arrangement. Widow's pensions in cases of divorce or legal separation prior to 1 January 2008.

1. In order to comply with the regulation contained in the final provision tenth. Two of the State's General Budget Law for 2010, requests that have been denied for failing to prove the requirement of being beneficiaries of the compensatory pension provided for in Article 97 of the Civil Code.

2. The economic effects of the revisions to be made and the new applications will be rolled back to 1 January 2010, provided that the request is made during the first half of the year. After that period, the pension shall have effect from the first day of the month following that of the application.

3. The pensions of widowers which are recognised under the transitional provision twelfth of the recast of the Law on Passive Classes of the State shall in no case determine the reduction of the rights already recognised at the entry into force of the Act. of this royal decree in favour of other beneficiaries of family pensions arising from the same causative.

Final disposition first. Enablement for development provisions.

The Second Vice-President of the Government and Minister of Economy and Finance are hereby authorized to dictate the general provisions necessary for the implementation of this royal decree.

Final disposition second. Entry into force and economic effects.

This royal decree will enter into force on January 1, 2010 with economic effects of this same date.

Given in Madrid, 23 December 2009.

JOHN CARLOS R.

The Second Vice President of the Government and Minister of Economy and Finance,

ELENA SALGADO MENDEZ