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Royal Decree 1761 / 2007, Of 28 December, Revaluation And Complements Of Pensions For Passive Classes For 2008 And Modification Of The Real Decree 851/1992, On 10 July, Which Regulates Certain Pension Extraordinari...

Original Language Title: Real Decreto 1761/2007, de 28 de diciembre, de revalorización y complementos de las pensiones de Clases Pasivas para el año 2008 y de modificación del Real Decreto 851/1992, de 10 de julio, por el que se regulan determinadas pensiones extraordinari...

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TEXT

Law 51/2007, of 26 December, of the General Budget of the State for the year 2008, contains, within its Title IV and corresponding provisions, the basic criteria for determining the amount of public pensions, fixing, in general terms, their revaluation in accordance with the consumer price index (CPI) provided for in that economic year. For its part, the additional fourteenth provision lays down the rules on the maintenance of the purchasing power of pensions and other public benefits in 2008, for which their amounts must be adapted to the actual increase. In November 2007, the CPI experienced a 4.1 percent increase in the period from November 2006 to November 2007. It also empowered the government to update the values set out in Title IV and the corresponding provisions to the CPI. By this royal decree, in the matter of Passive Classes, the indicated legal forecasts are developed by fixing the updated amounts of the statutory assets of the pensions of the Passive Classes of the State, as well as the amount of the maximum limit for 2008. In turn, pension revaluation is set at two per cent, whatever its regulatory legislation, except for the legally intended exceptions. In addition, the rules and the procedure for making the revaluation are fixed in this royal decree, although, prior to their application and in order to guarantee the maintenance of the purchasing power of the pension classes Passive, the Amounts corresponding to 31 December 2007 shall be regularised in accordance with the actual increase in the CPI. It also provides for the payment of a single payment amount equal to the difference between the pension received during 2007 and the one which would have been revalued at 4,1 per year in favour of the pensioner. (i) giving the mandate contained in the said additional provision fourteenth. In addition, this royal decree lays down the criteria for the application of the additional one per cent or two per cent revaluation provided for in the additional provision 10th in favour of pensioners or pensioners respectively. (i) the removal and widower of pensions caused by the legislation in force at 31 December 1984. In addition, the system of economic supplements for minimum pensions, which is also provided for in the law, is regulated, with an increase of between 5 and 6.5%, depending on the type of pension in question, in order to guarantee at all times an adequate level of income for those who do not reach the legally established minimum amounts. Due to its special characteristics, an independent chapter establishes the revaluation of the pension of Passive Classes recognized under the Community regulations. The present royal decree, in turn, updates the values of the orphan's pensions recognized in favour of the non-disabled orphans over the age of 21, caused by non-official staff, under the laws 5/1979, of 18 September, and 35/1980, of 26 June, extending to the same the system of supplementary to minimum pension, the amounts of which remained unchanged since 1980 by the rule of the successive Laws of Budgets, and all this in application of the forecasts contained in the Article 6 of Law 52/2007 of 26 December 2007 on the recognition and extension of rights and establish measures in favor of those who suffered persecution or violence during the civil war and the dictatorship. 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 affected groups. In its virtue, on the proposal of the Minister for Economic Affairs and Finance, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 28 December 2007,

D I S P O N G O:

CHAPTER I

General rules on updating of regulatory assets and revaluation of passive class pensions for the year 2008

Section 1. Update on regulatory assets for initial pension determination and maximum perception limit

Article 1. Regularised amounts of the regulatory assets for the year 2008.

In accordance with the provisions of paragraph 4 of the additional provision of the 14th Act of Law 51/2007 of 26 December 2008 on State General Budgets for 2008, the regulatory assets entered in Title IV of that law for the initial determination of the pensions of the State Passive Classes Scheme, whatever its regulatory legislation, and of the special pensions of war with the date of economic effects in 2008, once regularized their The amount of the aid is to be paid by the amount of the amount in question. 2006, prior to its revaluation by 2%, will be those listed in Annex I of this royal decree.

Article 2. Maximum perception limit for the year 2008.

The maximum limit of public pension perception regulated in Title IV of the State General Budget Law for the year 2008, once its amount is regularized, by applying 4.1 percent to the The amount in force on 31 December 2006 and its subsequent revaluation by 2% is fixed at EUR 2,384,51 per month or EUR 33,383,14 per year.

Section 2. Revaluation of pensions

Article 3. Amount of the increase for the year 2008 of the pension of Passive Classes.

1. In accordance with the provisions of Article 43 (1) of the State Budget Law for the year 2008, the pensions paid by Passive Classes will be increased by two percent in respect of the amounts to those of the they would have been in accordance with 31 December 2007, except those covered by Title II of Royal Decree 851/1992 of 10 July 1992, which shall be adapted to the amounts corresponding to their own legislation. For the purposes of the revaluation referred to in the preceding subparagraph and on a prior basis, the amount corresponding to the pensions at 31 December 2007 shall be updated by application of the amount of the coefficient 1.0205882. 2. In application of the provisions contained in the first paragraph of the tenth additional provision of Law 51/2007, the retirement or retirement pensions and the widow's pension of the State Passive Classes, caused before 1 January 2008 under the legislation in force at 31 December 1984, they will be subject to an additional increase of one per cent and two per cent, respectively, once the provisions of paragraph 1 of this Article have been applied. 3. Where the pensions referred to in paragraph 2 above are incurred during the year 2008, the initial amount corresponding shall be corrected by the application of the said additional increase, adding also the percentage of one or two per cent. As appropriate, established for the years 2004, 2006 and 2007 in paragraph 4 of the additional fifth and sixth provisions, as well as in the additional provision of the tenth, of Laws 61/2003, of 30 December, 30/2005, of 29 December, and 42/2006 of 28 December 2006, of General State Budgets for the year 2004, 2006 and 2007, respectively.

Article 4. Non-revalorizable pensions during the year 2008.

Notwithstanding the provisions of the previous article, and in accordance with the provisions of Article 44 (1) of the expressed State General Budget Law for the year 2008, 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 2,384,51 in monthly payments when the holder has the right to receive 14 monthly or, in another case, of 33,383.14 euros in annual calculation, according to the updating of amounts set out in Article 2 of this royal decree.

(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 5. Extraordinary pensions for acts of terrorism.

1. In accordance with the second paragraph of Article 44.a (a) and Article 45.4 of the General Budget Law for the year 2008, as well as in Royal Decree 851/1992 of 10 July 1992, the special pensions of Passive classes originating in terrorist acts are exempt from the exclusionary or limiting rules referred to in Article 4 (a) and Article 6.4. 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 2007 some or some other public pensions, the rules which are exclusive or limiting, referred to above, if applicable in respect of the latter.

Article 6. Rules for the increase of pension of Passive Classes.

The application of the increment set in the articu-3 of this royal decree will conform to the following rules:

1. The increase provided for in the first paragraph of Article 3.1 shall apply to pensions previously caused by 1 January 2008 and the amount to be updated in accordance with the terms set out in the paragraph Article 3.1, second paragraph, of the second paragraph of Article 3 (1) of the Treaty, provides that the Member State shall not be entitled to the same.

If the pensions caused before 1 January 2008 are pending recognition on the date indicated, the initial amount for the 2007 financial year or, where applicable, previous financial years shall be determined, the securities entered in Annex I to Royal Decree 1628/2006 of 29 December on revaluation and pension supplements for Passive Classes for the year 2007 should be updated, where appropriate, by means of the application of the coefficient 1.0205882. It will then proceed to its update in accordance with the rules that on revaluation, concurrency of pensions and limitation of its growth are contained in the Laws of corresponding Budgets, applying for the year 2008 the increase from. 2. The additional revaluation set forth in article 3.2 of this royal decree shall be practiced once the provisions of the previous rule have been made. 3. The increase laid down in Article 3.3 of this Standard shall apply to the initial amount resulting in accordance with the regulatory bases laid down in Article 39 Two of the General State Budget Law for the year 2008, in the amounts listed in Annex I to this royal decree. To this end, the improvement per child in charge which may correspond to the pensions for the application of Laws 19/1974, 27 June, and 74/1980, of 29 December, shall be computed. 4. For the purposes of Article 45 of the General Budget Law of the State for the year 2008, the amount of the pension or set of pensions paid out of the Passive Classes credit which the same holder receives, once applied to each of them, it shall be limited to the amount of EUR 33,383,14 full per year, including the amount of the ordinary monthly payments as well as the amount of extraordinary payments which may be paid reciprocate. In the case of pensions, increases for children who may have been recognised under Law 19/1974 of 27 June and Law 74/1980 of 29 December of 29 December shall not, in any event, be taken into account for the purposes of the application of the ceiling of perception set out in the previous paragraph. If one or more of the pension classes of the Passive Classes are met in the same holder, the value of the pension or pension set of Passive Classes shall be limited to a figure of 33,383,14. (a) the same proportion as that pension or pension has with the total public pension scheme of the holder. This limit (L) is obtained by applying the following formula:

L =

CP

× 33,383.14 euros annual

T

being 'CP' the full annual theoretical value reached at 31 December 2007 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.

5. The maximum annual limit of a pension shall be divided between the number of ordinary monthly payments and the extraordinary payments which, in respect of the annuity and the annuity, in accordance with the above rules. under the applicable legislation, 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.

Article 7. Procedure for revaluation.

1. The revaluation of the pension of Passive Classes for 2008 will be practiced by the delegations of Economy and Finance or the General Directorate of Personnel and Public Pensions of the Ministry of Economy and Finance, according to This may be done on a centralised basis where for reasons of agility and simplification it is appropriate. 2. This revaluation shall be carried out in the light of the labour data for each pension holder as at 31 December 2007. 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 on the economic situation with the effects of the rule in question. 3. In accordance with the provisions of Article 45 (3) of the General State Budget Law for the year 2008, the revaluation shall be provisional until the Administration establishes the origin of the a perception of their value, depending on the other perceptions of the holder of a pension or pension and the rules on concurrency and incompatibility that are applicable in each case. If the evidence that the excess amounts have been collected is obtained from the increase to the final of the revaluation previously practised, 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 II

Add-ons for minimums

Article 8. Economic supplements for pension classes Passive during the year 2008.

1. According to the forecasts contained in paragraphs 1, 2 and 3 of Article 46 and in paragraph 4 of the additional fourteenth provision of the State Budget Law for the year 2008, the application during the expressed year of economic supplements to the pension of the Passive Classes Scheme shall be in accordance with 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 year 2008, income from work or capital, or who, in receipt of it, does not exceed EUR 6,761,61 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 under the Passive or Passive Classes other public pensions received by the beneficiary, reach the minimum corresponding to column A of that table. However, in the case where a proportional share of the widow's pension is recognised, the supplement for the minimum applicable, where appropriate, shall be the same proportion as was taken into account for the recognition of the pension. The amount to be taken into account shall be, for the pension of Passive Classes, that which is once revalued the same in accordance with the provisions of this royal decree, and for the remaining public pensions, the one perceiving the the beneficiary at the time of submitting the application referred to in paragraph 2 of the following Article. By way of derogation from the preceding subparagraph, to the sole guarantee effects of supplements for minima, public pensions which are not in charge of any of the basic public pension schemes shall be equated with working income. social security, as well as pensions paid by a foreign entity, with the exception laid down in Article 11 (3). (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 the pension 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 event the income corresponding to any public pension shall be taken into account. (a) whether or not they are subject to the aforementioned tax; the pension of Passive Classes shall be taken at its annual value once revalued in accordance with the provisions of this royal decree; the remaining public pensions shall have the annual value corresponding to the time to submit the application referred to in paragraph 2 of the following Article; and work and capital will be taken on the basis of the value perceived in the year 2007, and it is necessary to exclude those left from perceiving due to the fact causing the various pensions, as well as those that are proved that they should not be perceived in the year 2008. Capital gains or capital gains, which are valued in accordance with tax law, shall also be computed between such income, as well as returns which may be deducted from the economic value of the assets, applying to their value an interest rate 2. 75%, with the exception of the dwelling normally occupied by the pensioner and the goods whose income has been computed.

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

:

A Minimum Monthly Pension-Euros

B Maximum Annual Revenue-Euros

or retirement pension when there is spouse in charge of the holder

658.75

15.984.11

Retirement or retirement pension when there is no spouse or, existing, is not in charge

528.55

14.161.31

Hiv Pension

528.55

14.161.31

Pension or pensions in favour of other family members, with "n" the number of pension or pension beneficiaries

528.55 n

6.761.61 + 7.399.70 n

In the case of pension or pensions in favour of other relatives who are received by several beneficiaries, the figure resulting from column A of the above table shall not be less than EUR 170,02 per month for each of the 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 334,82 per month, provided that the the requirement of the quoted revenue limit.

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 purpose, it shall be understood that there is a spouse in charge of the holder where 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 inter-professional salary. 3. The economic supplements covered by this provision, which shall be paid in twelve ordinary and two extraordinary amounts, all of which are of the same amount, shall in no case be consolidated and shall be absorbed by any future increase which may be able to experience the perceptions of the person concerned, either by revaluation or by recognition in 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 recipients of Passive Classes may be granted access to the right to minimum pension beneficiaries who would have obtained it under the standard.

Article 9. Procedure for economic supplements.

1. It corresponds to the General Directorate of Personnel and Public Pensions Costs and to the different delegations of Economy and Finance, in respect of the assets entered in their respective Units of Passive Classes, to recognize and determine the (a) any economic supplement which, in accordance with the provisions set out in Article 8 above, is without prejudice to the fact that that function may be collected in whole or in part by the indicated Directorate-General. 2. The procedure shall be initiated at the request of the interested by request addressed to the Directorate-General for Personnel and Public Pensions Costs, or the Delegation for Economic and Financial Affairs, as indicated in the payment of his/her pension in the respective Passive Classes Unit. 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 the damage to which 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 application for economic supplements is made, for the first time, during the present financial year, its economic effects shall be rolled back to 1 January 2008 or to the date of the start of the pension if it is later. However, if the application 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 of one year from the date of request and whenever the necessary requirements are met for your receipt. 4. If, once the economic supplements are acknowledged, 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 fact that (a) to be liable for any other possible liability under 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 is formally required to him, and may suspend payment of the supplement 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 its 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 repayment of these amounts. 6. The Directorate-General for Personnel and Public Pensions Costs is empowered to dictate how many Service Instructions may be appropriate, in order to speed up the procedures for the collection of the supplements to which it refers. Article.

Article 10. 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 the case of the pension scheme, the pension scheme is not eligible for the benefit of the pension scheme. The pension is payable in the same way as in the case of a 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 corresponds to it, in accordance with the rules of Article 8 of this royal decree.

CHAPTER III

Pensions recognised under Community regulations in the field of social security

Article 11. 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% of the pension would have been paid by the scheme under 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 recognized pensions, both under Spanish and foreign legislation under the Community regulations, is lower than the the minimum corresponding to the pension in question, shall be guaranteed to the beneficiary, while residing in national territory, the necessary difference to the minimum referred to, in accordance with the general rules laid down for its granting.

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

1. For the year 2008, the economic supplements referred to in Chapter II of this royal decree shall apply to orphan pensions recognised under Title II of Law 37/1984 of 22 October on the recognition of rights and services. provided to those during the civil war who were part of the Armed Forces and Public Order and Carabinieri Corps of the Republic, as well as those recognized in favor of non-disabled orphans over the age of 21, caused by non- official under Law 5/1979 of 18 September, in favour of relatives of deceased persons such as As a result of the civil war, and 35/1980, of June 26, of war maimed ex-combatants of the Republican zone, and those caused by the Operaries of Lotteries, the staff of the Mines of Almadén and the Health Facultals (a) Inused or deceased on the occasion of extraordinary services at the time of the epidemic, and Health Subdelegates referred to in the Law of 11 July 1912. 2. Pensions in favour of family members granted under the terms of Law 5/1979 and 35/1980, with the exception of the orphan's pensions referred to in the previous paragraph, as well as of Law 6/1982 of 29 March on basic remuneration (a) the purpose of this Regulation is to ensure that, in accordance with Article 3 (1) of Regulation (EEC) No 4064/84, the Commission shall, in accordance with Article 3 (2) of Regulation (EEC) No 37/84, provide for the application of the provisions of this Article. minimum amount in the system of social security for the pensions of widowers of older persons Sixty-five years.

Additional provision second. Adaptation of the trade of supplements for minima.

1. The pensions of Passive Classes to which economic supplements had been applied during the year 2007 shall be adjusted ex officio, and on a provisional basis, with effect from 1 January 2008, to the amounts laid down in Article 8 of this Regulation. 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 by such concept from, at most, the first of January of the year 2008. 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, in accordance with the provisions of Article 9.4 of this royal decree, the reimbursement of the amount unduly paid shall be rolled back to the initial date on which the financial supplement began to be paid in previous years, 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, without prejudice to the responsibilities in which you could have incurred.

Additional provision third. Update of the social aid of the Royal Decree-Law 9/1993 of 28 May.

In accordance with the provisions of the Additional Ninth and Fourteenth provisions of the State Budget Law for the year 2008, the monthly amounts of social aid, in favor of persons who have been contaminated by the Human-deficiency Virus (HIV), as referred to in points (b), (c) and (d) of Article 2.1 of Royal Decree-Law 9/1993 of 28 May, shall be determined by the application of the proportions laid down in the letters cited above the amount of EUR 568,15. In addition, the recipients of the abovementioned social aid, with an initial payment date of 1 January 2008, shall be entitled to receive before 1 April of this year, and in a single payment, an amount equivalent to that which is applicable to the aid received during 2007 the coefficient 0,0205882.

Additional provision fourth. Payment of compensatory amount.

According to the provisions of the additional fourteenth provision of the State Budget Law for the year 2008, the pensioners of Passive Classes who would have received during the year 2007 pension revaluation, as well as those who have received the amount corresponding to the minimum pensions or the ceiling for the collection of public pensions, or their heirs, will receive before 1 April of this year and in a single payment, a the amount equivalent to the amount to be applied to the pension received during the year 2007 0.0205882. The provisions of the preceding paragraph shall also apply to the pension of Passive Classes with an initial date of payment during the year 2007 for which the determination would have been taken into account to be regulators susceptible to updating in the Mentioned exercise.

Additional provision fifth. Regularised amounts of certain pensions and regulatory assets in 2007.

1. The amounts of minimum pensions, as well as the maximum limit of perception for the year 2007, are as follows:

A Minimum Monthly Pension-Euros

B Maximum Annual Revenue-Euros

or retirement pension when there is spouse in charge of the holder

618.54

15.154.85

Retirement or retirement pension when there is no spouse or, existing, is not in charge

503.38

13.542.61

's pension

503.38

13.542.61

Pension or pensions in favour of other family members, with "n" the number of pension or pension beneficiaries

503.38 n

6.495.29 +7.047.32 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 152,21 per month for each of the 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 318,87 per month, provided that the the requirement of the quoted revenue limit.

The maximum public pension ceiling will be 2,337.75 euros/month or 32,728.50 euros/year. 2. For the initial determination of the pension of Passive Classes with a date of economic effects of 2007, the values set out in Annex I to Royal Decree 1628/2006 of 29 December, once regularised according to the CPI in the period November 2006 to November 2007, will be those listed in Annex II of this royal decree.

Additional provision sixth. Pensions arising from acts of terrorism.

One. Article 13 (2) (b) and (c) of Royal Decree 851/1992 of 10 July 1992 regulating certain extraordinary pensions caused by acts of terrorism are hereby amended as follows:

" (b) The spouse of the deceased deceased, provided that he is not legally separated, or the person who is united to the deceased at the time of his death, forming a couple in fact, in the terms and conditions which are set out in Article 38. 4 and 5 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 third, three of the Law of State General Budgets for the year 2008.

(c) The children of the deceased, whatever the legal nature of their affiliation, under eighteen years of age or who are disabled for any work at the time of the death of the person or before the age of the child. In cases where the child of the deceased does not carry out gainful employment or self-employment, or where he or she does so, the income obtained in the annual calculation is less than the amount of the inter-branch minimum wage to be fixed in each time, also in annual calculation, may be the beneficiary of the orphan's pension provided that, at the date of death of the deceased, he is under twenty-two years of age, or twenty-four years if neither parent, or orphan present a disability to a degree equal to or greater than 33 percent. In this case, the pension shall be extinguished if the holder is twenty-four years old, unless he is studying, in which case the receipt of the orphan's pension shall be maintained until the first day of the month following that of the start of the next academic year. "

Two. The right to a widow's pension under Royal Decree 851/1992 of 10 July 1992, in cases which occurred before the entry into force of this royal decree, will be carried out in favour of those who have joined the deceased at the time of their death, forming a couple in fact, when the circumstances and requirements established, for the State Passive Classes Regime, are in the additional 15th of the State Budget Law for the year 2008.

Final disposition first. Enablement for development provisions.

The Minister of Economy and Finance is 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 shall enter into force on the day following that of its publication in the "Official Gazette of the State", without prejudice to the fact that the economic effects are rolled back, where appropriate, to 1 January 2008.

Given in Madrid, 28 December 2007.

JOHN CARLOS R.

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

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