Royal Decree-Law 2/2009, March 6, on urgent measures for the maintenance and the promotion of employment and the protection of unemployed persons, amended article 2 regulation of the special agreement with the Social Security to be signed by employers and employees affected by records of employment regulation referred to in the first thirty additional provision of the General Social Security Act , revised text approved by Royal Legislative Decree 1/1994 of 20 June.
With this modification, the contributions made by employers to the Special Convention coincide with periods of activity of workers, resulting where also there is obligation to contribute, may apply to the period of the special agreement which must pay the latter from the 61 years of age, as building measure to prolong the active life of working older workers who are affected by regulation of employment records and the terms to be determined by regulation.
The regulatory development of the additional provision thirty first of the General Social Security Act contained in article 20 of the order TAS/2865/2003 of 13 October, which regulates special agreement on the system of Social Security, which proceeds to adapt by this order, in order to implement and realize the scope of the reform carried out in that legal provision.
To do so, amending paragraph 4 of the cited article 20, which also added two new sections, 5 and 6. In addition, reform the first final provision of the order TAS/2865/2003, 13 October, for the purposes of the General Treasury of the Social security update model special Convention of entrepreneurs and workers subject to regulation of employment records, up to now collected as annex II of the said rule and is subject to deletion by this order.
This command is run at use of the powers that have conferred the Ministry of labour and immigration.
For all these reasons, I have: single article. Modification order TAS/2865/2003, 13 October, which regulates the special agreement on the Social security system.
Order TAS/2865/2003 of 13 October, which regulates the special agreement on the Social security system, is hereby amended as follows: one. Paragraph 4 of article 20 is drawn up in the following terms: "4. in the event of death of the worker and of recognition of a permanent disability allowance, referred to in paragraph 3 of the thirty-first of the General Social Security Act additional provision, special agreement shall terminate and the General Treasury of the Social Security shall return to the employer entered quotas corresponding to the period subsequent to the date of» «death of the worker or the date of effect of the permanent disability pension that would have caused this, once made the final liquidation of the price corresponding to this Convention.»
Two. Added two new sections, 5 and 6, article 20, with the following wording: "5. in the course of activities by the worker during the contribution period in charge of the businessman, referred to in paragraph 4 of the additional provision thirty first of the General Social Security Act, shall not refund fees paid by the latter» you need to enter office annuities which, if any, were still outstanding, in the terms laid down in paragraph 2.3.
When the worker reaches 61 years of age, the General Treasury of the Social Security shall determine the amount that quote entered by the entrepreneur has been matched by the conduct of activities by the worker, according their application to payment special agreement during the period in charge of the latter. The resolution that adoption of such an agreement shall be notified to the employer and the worker.
Insofar as the totality of the contribution made by the entrepreneur has not been applied, the conduct of activities by the worker does not imply the extinction of the Special Convention, which will only be suspended if the contribution bases that apply as a result of such activities are equal or superior to the one.
If at the date of the retirement pension that the worker causes and, in any case, on the date that turns 65 age not had been applied to the payment of the special agreement the entire quote in charge of the entrepreneur who has been the subject of retention, the General Treasury of the Social Security shall refund the excess to the latter. Also will return if the worker died or cause a pension for permanent disability during the period in charge.
6. the refunds referred to in paragraphs 4 and 5 shall bear the legal interest of existing money in the date in which occurs the causal event, calculated from the date of the death of the worker, from the date of the effects of pensions for permanent disability or retirement by it caused or from the date in which 65 birthday , until the respective payment proposal, but will not give right to the payment of the cost of the guarantees or substitutions of the debtor entrepreneur.
To its credit, the General Treasury of the Social Security may agree retention payment return to the extent strictly necessary to ensure the collection of the debt that the holder of the right to return with Social Security, the terms regulated by article 54 of the regulations of the Social Security levy «, approved by the Royal Decree 1415 / 2004, of June 11 and without prejudice to notification, where appropriate, the credit for the return to the corresponding Executive collection unit.»
3. The first final provision is couched in the following terms: 'first final provision. Habilitation.
It empowers the General Treasury of the Social Security to approve and, where appropriate, modify the models that have to fit different types of special agreement regulated in this order, subject nevertheless to the provisions therein.»
Sole additional provision. Update of modeling.
Is hereby repealed annex II of the order TAS/2865/2003 of 13 October, on the model of special agreement for entrepreneurs and workers subject to regulation of employment records, whose adaptation to the reforms carried out in the first thirty additional provision of the General Social Security Act, by the Royal Decree-Law 2/2009 March 6 , and in article 20 of the aforementioned regulatory standard, by this order, shall be responsible for the General Treasury of the Social Security.
The reference in paragraph 2.1 of section 20 of the order TAS/2865/2003 of 13 October, is made to annex I, means made to the annex to this order.
Sole transitional provision. Application of the order.
The provisions of this order will apply to the special agreements of entrepreneurs and workers subject to regulation of employment records signed as of March 8, 2009, date of entry into force of the modification of the first thirty additional provision of the General Social Security Act, carried out by the Royal Decree-Law 2/2009 of March 6.
Sole final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 27 July 2009.-the Minister of labour and immigration, Celestino Corbacho Chaves.