JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

PREAMBLE

In the Agreement on Social Security Measures, signed on July 13, 2006 by the Government, the General Workers 'Union, the Trade Union Confederation of Workers' Commissions, the Spanish Confederation of Organizations Business and the Spanish Confederation of Small and Medium-sized Enterprises, which, in turn, brings about the Declaration for the Social Dialogue signed by the same partners on 8 July 2004, include a number of commitments involving amendments to rules with a range of law.

Taking as a reference the priorities marked by the Toledo Pact in its parliamentary renewal of 2003, the need to maintain and reinforce certain basic principles on which the system of the Social security as an objective to ensure the effectiveness of the social security system and the improvement of the well-being of all citizens. Thus, progress is made in the plasmation of the principle of solidarity and guarantee of sufficiency through the gradual improvement and extension of the protective intensity, as well as in the strengthening of the housing unit. The contribution of the system is also intensified, with greater proportionality between the contributions made and the benefits obtained, while avoiding situations of lack of equity in the recognition of the latter. In addition, progress has been made on the path already begun to encourage the voluntary extension of working life beyond the legal retirement age, while not forgetting the need to alleviate the negative consequences experienced by workers. of older people expelled prematurely from the labour market. Finally, it is also worth highlighting the purpose of modernizing the system in addressing the situations created by new family realities. This is in the context of the demands arising from the socio-demographic situation, which highlights circumstances such as the ageing of the population, the increasing incorporation of women into the labour market and the phenomenon of immigration, as well as the harmonised criteria towards which it is aimed at the level of the European Union, with the aim of ensuring the financial sustainability of the pension system.

The purpose of this Law is constituted by the need to give adequate regulatory support to a good part of the commitments relating to protective action included in the said Agreement and which substantially affect the temporary disability, permanent disability, retirement and survival.

In the field of temporary incapacity, and for the purpose of coordinating the actions of the Health Services and the National Social Security Institute and avoiding the legal uncertainty caused by the disparity of diagnoses of a and another instance, a procedure is established whereby the person concerned can express his/her disagreement with the medical inspection in respect of the medical discharge from the managing body, determining the specific time limits in which the to give the parties involved and the criteria to be followed in the event of a discrepancy, in any event the continuity of the protection of the person concerned up to the final administrative decision culminating in the procedure. Moreover, in cases of exhaustion of the maximum duration of the temporary incapacity, the situation of permanent incapacity for a period of six months, which is currently generated, is replaced by a new situation in the the qualification of the permanent disability shall be delayed for the period specified, up to a maximum of 24 months, until then the effects of the temporary incapacity shall be extended.

In relation to permanent incapacity, the minimum period of contribution required of younger workers is made more flexible. In addition, the form of calculation of the amount of permanent disability pensions resulting from a common illness is modified, in order to bring it closer to that laid down for the retirement pension, and also that of the supplement to a large invalidity pension. by disassociating it from the amount of the absolute permanent disability pension.

As far as retirement is concerned, and in order to increase the correlation between contributions and benefits, it is established that, in order to prove the minimum period of contribution currently required to access the right to retirement, pension, only the effective days of contributions shall be taken into account, and not those for extraordinary payments. With regard to the retirement age, it is possible to apply reducing coefficients in relation to new categories of workers, subject to the completion of the corresponding studies of any order, with a change in the contributions, and the age of access to retirement may be less than 52 years. In relation to those who voluntarily extend their working life beyond the ordinary retirement age, the levying of a lump sum is established, where the pensioner is entitled to the maximum pension, or a percentage additional on the basis of the pension, where the maximum amount is not reached. Measures to improve the pensions of those who caused them in advance as a result of a dismissal before 1 January 2002, as well as the consideration as involuntary of the extinction of the employment relationship when it occurs are foreseen. in the framework of employment regulation files.

With regard to the partial retirement provision, access to the partial retirement provision is subject to the same general rule as a rule of 61 years of age, that the worker is 6 years old in the company and that a period of I would like to make it clear that the Commission is not going to be able to take the necessary steps to ensure that this kind of retirement is better than the objectives it is intended to achieve. Adjustments to the percentages of the maximum and minimum reduction in the usual working day of the worker who moves into partial retirement are also laid down, as is the need for the worker's contribution base to be less than 65 percent of the one for which the worker who moves to partial retirement was listed.

In terms of survival, the major new developments concern the widow's pension and, within it, its granting in the case of couples of fact which, in addition to the requirements currently laid down for the situations of marriage, show a stable and notorious coexistence for at least five years, as well as economic dependence of the surviving survivor in a variable percentage depending on the existence or not of common children entitled to an orphan's pension. Changes are also made to the conditions of access to the widow's pension in the event of marriage. In exceptional cases where the death of the deceased person is caused by a common disease and there are no common children, a reduced period of marital coexistence is required and, if the latter is not credited, a temporary provision of widowage. Access to the widow's pension for persons who are legally separated or divorced is conditional on the death of the person causing the compensatory pension referred to in Article 97 of the Civil Code. If, by means of divorce, there is a participation of beneficiaries entitled to a pension, 40% of the regulatory basis is guaranteed in favour of the surviving spouse or of those who, without being a spouse, live with the deceased and meet the requirements established. It also provides for the possibility that the sum of orphan's and widower's pensions may exceed the amount of the causative basis where the rate applicable for the calculation of the widow's pension is 70%, with the the application of the latter does not go to the detriment of the amount of orphan's pensions. Finally, the equalization of couples in fact to the matrimonial property leads to the extension of the treatment followed for the widower also with respect to the death aid and the flat-rate compensation in case of death resulting from accident work or occupational disease. The absence of a general legal regulation in respect of couples in fact makes it essential to define, for the purposes of the protective action of social security, the identification profiles of such persons. the situation, thus attempting to bring the marriage institution closer, as far as possible. However, in view of the impossibility of achieving full equalisation between marriage partners and in fact, full equalisation in the legal system of the benefits of widower is not feasible.

Finally, other changes are introduced which affect the concatenation of temporary disability and unemployment benefits, so that when it derives from a professional contingency, and during its If the person concerned continues to receive the employment contract, the person concerned will continue to receive the contract until he is discharged without a period of unemployment benefit if he is able to move on to this situation; unemployment over 52 years by the retirement contingency, which will be done on a more (i) the establishment of a minimum number of qualified permanent disability pensioners under the age of

.

Article 1. Temporary incapacity.

The following amendments are made to the recast text of the General Law of Social Security, approved by Royal Decree Legislative 1/1994, of 20 June:

One. Article 128 (1) is worded as follows:

" 1. They will have the consideration of temporary disability determinants:

(a) Those due to a common or professional illness and accident, whether or not they work, while the worker receives health care from the Social Security and is prevented from work, with a maximum duration of 12 months, extendable by six others when it is assumed that during them the worker can be discharged from medical care for healing.

Exhausted the period of time of twelve months provided for in the preceding paragraph, the National Institute of Social Security, through the competent bodies to evaluate, qualify and review the permanent incapacity of the worker, be the only competent authority to recognise the situation of an express extension with a limit of six months or to determine the initiation of a permanent disability file or to issue the medical discharge for the purposes specified in the paragraphs below. Similarly, the National Social Security Institute shall be the only competent authority to issue a new medical discharge in the situation of temporary incapacity where the latter occurs within six months after the aforementioned medical discharge. by the same or similar pathology, with the effects provided for in the following paragraphs.

In the case of a medical discharge referred to in the preceding paragraph, the person concerned may, within the maximum period of four calendar days, express his disagreement with the medical inspection of the service. public health, which, if it disagrees with the criteria of the managing body, will have the power to propose, within the maximum period of seven calendar days, the reconsideration of the decision of that body, specifying the reasons and grounds for its discrepancy.

If the medical inspection is issued confirming the decision of the managing body or if no statement is made within the period of the 11 calendar days following the date of the decision, it shall have full effect the aforementioned medical discharge. During the period of time between the date of the discharge and the date on which the discharge is to be completed, the temporary incapacity situation shall be deemed to be extended.

If, in the maximum period of time, the medical inspection has indicated its discrepancy with the resolution of the managing body, it shall express itself expressly in the course of the following seven calendar days, notifying the (a) a corresponding resolution to the person concerned, which shall also be communicated to the medical inspection If the managing body, in accordance with the proposal made, shall reconsider the medical discharge, the person concerned shall be granted the extension of his temporary incapacity for all purposes. If, on the other hand, the managing body is reaffirmed in its decision, for which it shall provide the additional evidence supporting that decision, only the temporary incapacity situation shall be extended until the date of the last resolution.

In the regulatory development of this article, we will regulate the way to carry out the communications provided for in the article, as well as the obligation to make the decisions that are adopted and to inform the companies affect.

(b) The periods of observation for occupational disease in which the discharge is prescribed during the course of the study, with a maximum duration of six months, which may be extended for a further six months if it is deemed necessary for the study and diagnosis of the disease. "

Two. Article 131a (2) is worded as follows:

" 2. Where the situation of temporary incapacity is extinguished for the period of 18 months laid down in the first subparagraph of Article 128 (1) (a), the state shall, within the maximum period of three months, be examined by the State of the incapacitated for the purposes of his qualification, in the degree of permanent incapacity for which it is appropriate.

Notwithstanding the previous paragraph, in those cases where, continuing the need for medical treatment due to the expectation of recovery or the improvement of the worker's condition, with a view to its reinstatement the clinical situation of the person concerned would make it advisable to delay the said qualification, which may be delayed for the precise period, which in no case may exceed 24 months after the date on which the temporary disability.

During the periods provided for in this paragraph, the obligation to list shall not remain. "

Item 2. Permanent Incapacity.

The following amendments are made to the recast text of the General Law of Social Security, approved by Royal Decree Legislative 1/1994, of 20 June:

One. Article 138 (2) is worded as follows:

" 2. In the case of permanent disability pensions, the minimum required contribution period shall be:

(a) If the causative subject is less than thirty-one years old, the third part of the time elapsed between the date on which he served the sixteen years and the date of the event causing the pension.

(b) If the deceased has been served thirty-one years of age, the fourth part of the time between the date on which the twenty years have been completed and the day on which the causative event occurred, with a minimum, in all case, five years. In this case, at least the fifth part of the required contribution period shall be within the ten years immediately preceding the event causing it.

In cases where the permanent disability pension is accessed from a situation of high or assimilated to the discharge, without obligation to list, the period of ten years, within which it must be understood, at least, The fifth part of the levy period payable shall be taken into account from the date on which the obligation to list was terminated.

In the cases referred to in the preceding paragraph, and in respect of the determination of the pension regulatory base, the provisions of Article 140 (1), (2) and (4), respectively, shall apply.

In the case of partial permanent incapacity for the usual profession, the minimum period of levy payable shall be one thousand eight hundred days, which must be in the ten years immediately preceding the date on which the the temporary incapacity for which the permanent incapacity is derived has been extinguished. "

Two. A final paragraph is added to Article 139 (2) with the following wording:

" The amount of the total permanent disability pension resulting from a common illness shall not be less than 55% of the minimum contribution base for over eighteen years, in annual terms, in force in each time. "

Three. Paragraphs 4 and 5 of Article 139 are worded as follows:

" 4. If the worker is qualified as an invalid, he shall be entitled to a life pension as set out in the preceding paragraphs, with an increase in the amount of the pension, in order to enable the person to pay the person who is Store. The amount of this supplement shall be equivalent to the result of adding 45% of the minimum contribution base in force at the time of the causative event and 30% of the last contribution base of the worker concerned to the contingency of which the situation of permanent incapacity arises. In no case shall the supplement indicated be less than 45% of the pension received, without the supplement, by the worker.

5. In cases where the worker, with sixty-five or more years, is entitled to a permanent disability pension arising from common contingencies, because he does not qualify for the recognition of the right to a retirement pension, the amount of the Permanent incapacity pension shall be equivalent to the result of applying to the corresponding regulatory basis the percentage corresponding to the minimum contribution period which is established at any time for access to the retirement pension. Where the permanent incapacity derives from common disease, the result of applying only the provisions laid down in Article 140 (1) (a) shall be considered as a regulatory basis. '

Four. Paragraphs 1 and 3 of Article 140 are worded as follows:

" 1. The statutory basis for pensions for permanent disability arising from common sickness shall be determined in accordance with the following rules:

(a) The quotient shall be found to be divided by 112 the quotation bases of the person concerned during the 96 months immediately preceding the one in which the causative event occurs.

The computation of these bases will be performed according to the following rules, of which the formula that appears at the end of these rules is a mathematical expression.

1. The bases corresponding to the twenty-four months prior to the one in which the causative event occurs shall be computed at their nominal value.

2. The remaining quotation bases shall be updated in accordance with the evolution of the consumer price index from the months to which they correspond until the immediate month preceding the month in which the price index was start the non-updatable base period referred to in the previous rule.

Being:

br = Regulatory base.

Bi = Quote Base for the i-th month before the causative event.

Ii = General Consumer Price Index for the month-th preceding that of the causative event.

Being i = 1, 2, ..., 96.

(b) The result obtained in accordance with the above rule shall be applied to the percentage corresponding to the years of contributions, in accordance with the scale provided for in Article 163 (1), the effect as quoted for the years as the person concerned, on the date of the causative event, in order to comply with the age of 65 years. In the case of not reaching 15 years of contribution, the applicable percentage shall be 50%.

The resulting amount shall be the regulatory basis to which, in order to obtain the amount of the corresponding pension, the percentage envisaged for the recognised degree of incapacity shall be applied. "

" 3. The rules laid down in Article 138 (1) shall apply in respect of pensions of absolute incapacity or great invalidity arising from a non-work accident referred to in Article 138 (3) for the purposes of calculating their regulatory base. of this Article. '

Five. A new transitional arrangement, the sixteenth, is incorporated with the following wording:

" Transient disposition sixteenth. A permanent disability pension that comes from temporary incapacity.

For the determination of the amount of permanent disability pensions arising from a common illness and arising from a process of temporary incapacity which has been initiated before the date of entry into force of the The Social Security Measures Act shall apply the rules in force before the date indicated. "

Article 3. Retirement.

The following amendments are made to the recast text of the General Law of Social Security, approved by Royal Decree Legislative 1/1994, of 20 June:

One. Article 161 (1) (b) is read as follows:

" (b) Have a minimum period of contribution of 15 years covered, of which at least two must be within the fifteen years immediately preceding the time of the right to be entitled. For the purposes of calculating the quoted years, the corresponding proportional share for extraordinary payments shall not be taken into account.

In cases where the retirement pension is accessed from a situation of high or equivalent to the discharge, without obligation to list, the two-year period referred to in the preceding paragraph shall be within the meaning of the 15 years preceding the date on which the obligation to list was terminated.

In the cases referred to in the preceding paragraph, and in respect of the determination of the pension regulatory base, the provisions of Article 162 (1) shall apply. "

Two. Paragraphs 2 and 3 of Article 161 are deleted, and paragraphs 2, 3 and 4 of paragraphs 4, 5 and 6 respectively are deleted.

Three. A new Article 161a is incorporated with the following wording:

" Article 161 bis Early Retirement.

1. The minimum age referred to in paragraph 1 (a) of the previous Article may be reduced by Royal Decree, on the proposal of the Minister for Labour and Social Affairs, in those groups or professional activities whose work is of a nature exceptionally painful, toxic, dangerous or unhealthy and, they accuse high levels of morbidity or mortality, provided that the workers concerned prove in the respective profession or work the minimum of activity to be established.

Similarly, the minimum age referred to in paragraph 1 (a) of the previous article may be reduced in the case of persons with disabilities in a degree of disability equal to or greater than 65 percent in terms of the contained in the corresponding Royal Decree agreed upon proposal of the Minister of Labour and Social Affairs or also to a degree of disability equal to or greater than 45%, provided that, in the latter case, it is a disability (a) the rules governing the application of the rules governing the application of the A reduction in the life expectancy of these people.

The application of the corresponding age-reducing coefficients shall in no case give rise to the possibility for the person concerned to access the retirement pension with a age of less than 52 years.

The reduction coefficients of the retirement age shall not be taken into account, in any event, for the purposes of crediting the requirement for access to partial retirement, for the benefits provided for in Article 163 (2), (a) a retirement pension in accordance with Rule 2 (1) of the third transitional provision and any other form of early retirement.

2. They may access early retirement, workers who meet the following requirements:

(a) To be completed sixty-one years of age, without application of the reducing coefficients referred to in the preceding paragraph.

(b) To be entered in the employment offices as jobseekers for a period of at least six months immediately preceding the date of application for retirement.

(c) Credit for a minimum period of effective contribution of 30 years, without, for such purposes, the proportional share for extraordinary payments is taken into account. For these exclusive purposes, it shall be computed as a social security contributions, the period of the provision of the compulsory military service or the replacement social benefit, with the maximum limit of one year.

d) that the cessation of work, as a result of the termination of the contract of employment, has not been caused by reason of the worker's free will. For such purposes, the worker's free will is the unequivocal manifestation of the will of the person who, being able to continue his employment relationship and there is no objective reason to prevent it, decides to put an end to it. In any event, the cessation of the employment relationship shall be deemed to be involuntary when the extinction has occurred in any of the causes provided for in Article 208.1.1.

The requirements laid down in paragraphs (b) and (d) shall not be required in cases where the employer, by virtue of an obligation acquired by collective agreement or individual pre-retirement contract, has paid the worker after the termination of the contract of employment, and in the two years immediately preceding the application for early retirement, an amount which, in global computation, represents a monthly amount not less than the result of adding the amount which it would have been in the form of unemployment benefit and the quota which would have been paid or, where appropriate, the largest amount which could have been paid by way of a special convention with social security.

In cases of access to early retirement as referred to in this paragraph, the pension shall be reduced by application, for each year or fraction of the year which, at the time of the causative event, distorts the worker to meet sixty-five years, of the following coefficients:

1. º Thirty-thirty-four years of accredited listing: 7.5 percent.

2. º Between thirty-five and thirty-seven years of accredited listing: 7 percent.

3. º Between thirty-eight and thirty-nine years of accredited listing: 6.5 percent.

4. º With forty or more years of accredited listing: 6 percent.

For the computation of the years of contributions, full years shall be taken, without the fraction of the same being equal to one year. "

Four. Article 163 (2) is reworded in the following terms:

" 2. Where the retirement pension is reached at an age of more than 65 years, provided that the minimum contribution period laid down in Article 161.1.b has been met, the person concerned shall be recognised as an additional percentage. 2% for each year completed between the date on which the age was fulfilled and the date on which the pension was paid. This percentage shall be raised to 3% where the person concerned has credited at least 40 years of contribution when he is 65 years of age.

The additional percentage obtained as set out in the preceding paragraph shall be added to the percentage that is generally applicable to the person concerned in accordance with paragraph 1, applying the resulting percentage to the respective base for the purposes of determining the amount of the pension, which shall in no case be higher than the limit laid down in Article 47.

In the event that the amount of the recognized pension reaches the indicated limit without applying the additional percentage or applying it only partially, the person concerned shall also be entitled to receive an annual amount which amount shall be obtained by applying to the amount of that limit in force at any time the additional percentage not used to determine the amount of the pension, rounded up to the nearest unit for excess. The said quantity shall be payable for months due and shall be paid in fourteen pages, without the sum of the amount and the pension or pension recognised by the person concerned, in annual accounts, exceeding the maximum ceiling of the base of the Current contribution at each moment, also in annual computation.

The benefit set out in this paragraph shall not apply in the case of partial retirement or flexible retirement as referred to in the second subparagraph of Article 165 (1). "

Five. New wording is given to Rule 2 (1) of the third transitional provision, in the following terms:

" 2. Those who had the status of a mutualist on 1 January 1967 may cause the right to a retirement pension from the age of 60. In such a case, the amount of the pension shall be reduced by 8% for each year or fraction of the year which, at the time of the causative event, distorts the worker in order to meet the age laid down in Article 161 (1) (a).

In the case of workers who, in accordance with the conditions laid down in the previous paragraph, and who have established 30 or more years of contributions, apply for early retirement arising from the cessation of work as a result of the termination of the contract of employment, by virtue of a cause not attributable to the free will of the worker, the percentage of reduction in the amount of the pension referred to in the preceding paragraph shall be, in the light of the years of contributions credited; the following:

1. º Between thirty-thirty-four accredited years of quotation: 7.5 percent.

2. º Between thirty-five and thirty-seven accredited years of quotation: 7 percent.

3. º Between thirty-eight and thirty-nine accredited years of quotation: 6.5 percent.

4. º With forty or more accredited years of quotation: 6 percent.

For these purposes, the worker's free will will be understood as the unequivocal manifestation of the will of the person who, being able to continue his employment relationship and there is no objective reason to prevent it, decides to put an end to it. In any event, the cessation of the employment relationship shall be deemed to be involuntary when the extinction has occurred in any of the causes provided for in Article 208.1.1.

Also, for the computation of the years of contributions, full years will be taken, without the fraction of the same being equated to one year.

The Government is empowered to develop the assumptions provided for in the preceding paragraphs of this Rule 2. It may, by reason of the voluntary or forced nature of the access to retirement, be appropriate. conditions identified for them. "

Six. New wording is given to the fourth transitional provision, in the following terms:

" Transitional provision fourth. Gradual implementation of the minimum contribution period for access to the retirement pension.

The minimum contribution period laid down in Article 161 (1) (b) shall be applied gradually, for periods of six months, from the entry into force of the Security Measures Act. Social, as follows:

For the first six months, 4,700 days will be required.

For the second half, 4,777 days will be required.

For the third semester, 4,854 days will be required.

For the fourth semester, 4,931 days will be required.

For the fifth semester, 5,008 days will be required.

For the sixth semester 5,085 days will be required.

For the seventh semester, 5,162 days will be required.

For the eighth semester, 5,239 days will be required.

For the ninth semester, 5,316 days will be required.

For the tenth semester, 5,393 days will be required.

From the sixth year, 5,475 days will be required.

However, in the case of workers who, for the whole of the year immediately preceding the date of the causative event, had been engaged on a part-time basis, the transitional period provided for in the preceding paragraph increase in inverse proportion to the percentage of working time carried out in that period. For these purposes, the number of days in which the minimum contribution period required by the date of entry into force of the Social Security Measures Act is to be increased, in each case, shall be adjusted for half-yearly periods in accordance with Article 1 (1) of Regulation (EEC) No 59/90. the extension of the transitional period. "

Article 4. Partial retirement.

The following amendments are made to the recast text of the General Law of Social Security, approved by Royal Decree Legislative 1/1994, of 20 June:

One. Article 166 (1) and (2) are worded as follows:

" 1. Workers who have been 65 years of age and meet the requirements for the right to a retirement pension, provided that a reduction in their working time is between a minimum of 25% and a maximum of one year. 75 percent, will be able to access partial retirement without the need for the simultaneous conclusion of a relief contract. The percentages indicated shall be construed as referring to the day of a comparable full-time worker.

2. In addition, provided that a contract of relief is concluded on the basis of the terms provided for in Article 12.7 of the Staff Regulations, full-time workers may have access to partial retirement when they meet the requirements of the Following requirements:

(a) Haber has been the age of 61 years, or 60 if it is the workers referred to in Article 2 (1) of the third transitional provision, without, for such purposes, taking into account the bonuses or Retirement age anticipations that may be applicable to the person concerned.

b) Credit a period of seniority in the company of at least 6 years immediately prior to the date of the partial retirement. To this end, the seniority established in the previous undertaking shall be computed if it has mediated a succession of undertakings within the meaning of Article 44 of the Law of the Workers ' Statute, or in undertakings belonging to the same group.

c) That the reduction of their working day be between a minimum of 25% and a maximum of 75%, or of 85% for the assumptions in which the reliever worker is hired on a working day (d) complete by means of a contract of indefinite duration and, at the time of the causative event, six years of seniority in the undertaking and 30 years of contribution to the social security system, both in the terms set out in points (b) and (d). Such percentages shall be construed as referring to the day of a comparable full-time worker.

(d) Credit a previous 30-year contribution period, without, for these purposes, the corresponding proportional share for extraordinary payments is taken into account.

e) What, in cases where, due to the specific requirements of the work performed by the partial retiree, the job position of the partial retiree cannot be the same or a similar one as the one to be developed by the worker relevist, there is a correspondence between the bases of quotation of the two, so that the one corresponding to the worker relievist will not be able to be less than 65 percent of the base for which the worker who accesses the retirement has been listed partial. The specific requirements of the work will be developed in order to consider that the job of the reliever worker cannot be the same or a similar one to which the partial retiree was developing.

(f) Relay contracts to be established as a result of a partial retirement shall have at least a duration equal to the time left for the replacement worker to reach the age of sixty-five years. "

Two. A new transitional provision, the 17th, is incorporated with the following wording:

" Transient 17th Disposition. Transitional rules on partial retirement.

1. The requirement of the 61-year-old requirement referred to in Article 166 (2) (a) shall be carried out in a gradual manner, on the basis of the years after the entry into force of the Law on Security Measures Social, as follows:

For the first year, 60 years.

For the second year, 60 years, and 2 months.

For the third year, 60 years, and 4 months.

For the fourth year, 60 years, and 6 months.

For the fifth year, 60 years, and 8 months.

For the sixth year, 60 years, and 10 months.

From the seventh year, 61 years.

Notwithstanding the foregoing paragraph, if at the time of the causative event six years of seniority in the company and 30 years of contribution to the Social Security are credited, both in the terms previewed in Article 166.2 (b) and (d) may, until 31 December 2012, be granted for partial retirement from the age of 60 and with a maximum reduction of 85% of the working day, provided that the worker in question is Full-time contract through an indefinite duration contract.

2. The requirement of 6 years of minimum age referred to in Article 166 (2) (b) shall be required in a gradual manner, in the light of the years after the entry into force of the Social Security Measures Act, in the following terms:

For the first year, 2 years.

For the second year, 3 years.

For the third year, 4 years.

For the fourth year, 5 years.

From the fifth year, 6 years.

3. The limit of the maximum working day reduction of 75% referred to in Article 166 (2) (c) shall be implemented gradually, in the light of the years since the entry into force of the Law on Measures in the field of Social Security, as follows:

For the first year, 85 percent.

For the second year, 82 percent.

For the third year, 80 percent.

During the fourth year, 78 percent.

From the fifth year, 75 percent.

4. The period of 30 years ' contribution provided for in Article 166 (2) (d) shall be required gradually, in the light of the years after the entry into force of the Social Security Measures Act, of the next mode:

For the first year, 18 years.

For the second year, 21 years.

For the third year, 24 years.

For the fourth year, 27 years.

From the fifth year, 30 years.

5. The legal system of partial retirement in force on the date of entry into force of the Social Security Measures Act may continue to apply to workers affected by the commitments made prior to this date, by collective agreements and agreements. The said rules shall govern, in these cases, until the end of the period of the said commitments and, at most, until 31 December 2009. '

Article 5. Death and survival.

The following amendments are made to the recast text of the General Law of Social Security, approved by Royal Decree Legislative 1/1994, of 20 June:

One. Article 171 (1) is worded as follows:

" 1. In the event of death, whatever their cause, some or some of the following may be granted, depending on the following:

a) A death aid.

b) A lifetime pension for widower.

c) A temporary benefit of widower.

d) An orphan's pension.

e) A lifetime pension or, if applicable, temporary allowance in favour of family members. "

Two. Article 173 is worded as follows:

" Article 173. Death aid.

The death of the deceased will entitle the immediate perception of a death aid to meet the expenses of the person who has endured them. Unless proof to the contrary, they are presumed to have been satisfied by this order: by the surviving spouse, the survivor of a couple in fact in the terms referred to in Article 174 (3), children and relatives of the deceased who lived with him habitually. "

Three. Article 174 is worded as follows:

" Article 174. Widow's pension.

1. He shall be entitled to a widow's pension, for a lifetime, unless there is any of the causes of extinction which are legally or regularily established, the surviving spouse when, at the death of his or her spouse, he or she dies if he dies it is in high or in a situation assimilated to that of discharge, it would have completed a period of quotation of five hundred days, within an uninterrupted period of five years immediately prior to the date of the fact causing the pension. In the case of a situation of high or equivalent to the high level, without obligation to list, the five-hundred-day contribution period shall be within an uninterrupted period of five years immediately. prior to the date on which the obligation to list was terminated. In any event, if the cause of death is an accident, whether or not it is a work, or a professional illness, no prior period of contribution shall be required.

The surviving spouse may also be entitled to the widow's pension even if the deceased person, at the date of death, is not in high or in a situation treated as high, provided that he has completed a minimum contribution period of 15 years.

In the exceptional circumstances in which the death of the deceased will result from common illness, not over the marital bond, it will also be required that the marriage be concluded one year in advance as at least to the date of death or, alternatively, the existence of common children. The duration of the marriage bond shall not be required if, on the date of its conclusion, a period of co-existence with the deceased is established, in accordance with the terms laid down in the fourth subparagraph of paragraph 3, which, in addition to the duration of the marriage, it would have exceeded two years.

2. In the case of separation or divorce, the right to a widow's pension shall be the responsibility of the person who, meeting the requirements in each case required in the preceding paragraph, is or has been a legitimate spouse, in the latter case where there is no have been remarried or have been a couple in fact in the terms referred to in the following paragraph. The right to a survivor's pension for persons who are divorced or legally separated shall be conditional, in any event, to the fact that, where the compensatory pension referred to in Article 97 of the Civil Code is concerned, the pension shall be extinguished by the death of the causative.

If, having mediated divorce, a concurrency of beneficiaries entitled to a pension is produced, it will be recognized in proportion to the time lived by each of them with the causative, guaranteeing, in any case, the 40% in favour of the surviving spouse or, where appropriate, of the person who, without being a spouse, lived with the deceased at the time of death and who is a beneficiary of the widow's pension in the terms referred to in paragraph 1. next.

In the event of a marriage annulment, the right to a widow's pension shall be the survivor's entitlement to the right to the compensation referred to in Article 98 of the Civil Code, provided that there is no have been remarried or have been a couple in fact in the terms referred to in the following paragraph. Such a pension shall be recognised in proportion to the time spent with the deceased, without prejudice to the limits which may result from the application of the provisions of the preceding paragraph in the case of a number of beneficiaries.

3. In accordance with the requirements of the High and Listing referred to in paragraph 1 of this Article, it shall also be entitled to the widow's pension who is united to the deceased at the time of his death, forming a couple in fact, and It will show that its revenues during the previous calendar year did not reach 50 percent of the sum of the own and those of the deceased in the same period. This percentage shall be 25% in the case of non-existence of common children entitled to an orphan's pension.

However, the right to a widow's pension shall also be recognised where the survivor's income is less than 1.5 times the amount of the interprofessional minimum wage in force at the time of the causative event, which must be present both at the time of the event causing the benefit, and during the period of its receipt. The indicated limit shall be increased by 0.5 times the amount of the minimum inter-professional salary in force for each common child, entitled to the orphan's pension living with the survivor.

Work and capital returns, as well as those of a patrimonial nature, shall be considered as income in the terms in which they are computed for the recognition of allowances for pension minimums.

For the purposes of this paragraph, it will be considered as a couple of fact the constituted, with analogous relation of affectivity to the conjugal, for whom, not finding orders to marry, have no bond marriage to another person and, by means of the corresponding certificate of registration, establish a stable and notorious co-existence with immediate effect on the death of the deceased and with an uninterrupted duration of not less than five years. The existence of a couple in fact shall be credited by certification of the registration in any of the specific registers existing in the autonomous communities or town halls of the place of residence or by means of a public document the constitution of such a couple. Both the said registration and the formalisation of the relevant public document must have been produced at least two years before the date of death of the deceased.

In autonomous communities with their own civil law, fulfilling the cohabitation requirement referred to in the preceding paragraph, the consideration of a couple in fact and their accreditation will be carried out according to what they establish their specific legislation.

4. In all cases referred to in this Article, the right to a widow's pension shall be extinguished where the beneficiary is married or is a couple in fact in the terms covered by the preceding paragraph, without prejudice to the right to a pension. of the exceptions laid down in regulation. "

Four. A new Article 1717a is incorporated with the following wording:

" Article 1717a Temporary vudeity procedure.

Where the surviving spouse is unable to access the right to a widow's pension for failing to prove that her marriage to the deceased has been for a period of one year or, alternatively, for the non-existence of common children and the other requirements listed in Article 174 (1) shall be entitled to a temporary benefit equal to that of the widow's pension which would have been in accordance with him and with a duration of two years. '

Five. Article 175 (1) is worded as follows:

" 1. They shall be entitled to the orphan's pension, on an equal basis, each of the children of the deceased, whatever the nature of their affiliation, provided that, when the deceased person dies, they are under eighteen years of age or are incapacitated for the work, and that the person is in high or in a situation assimilated to the high. It shall also apply to orphan's pensions as provided for in the second subparagraph of Article 174 (1) of this Law. "

Six. Article 175 (2) is worded as follows:

" 2. In cases where the child of the deceased does not carry out gainful employment on his own or an employed person or, where he is performing it, the income obtained is less than an annual calculation of the amount in force for the minimum inter-branch salary, on an annual basis, may be a beneficiary of the orphan's pension, provided that on the date of death of the deceased, that person is under the age of 22, or 24 if neither parent or the orphan has a disability in a 33 percent or more.

In the case of an absolute orphan, if the orphan is studying and is 24 years old during the course of the school year, the perception of the orphan's pension will be maintained until the first day of the month. immediately after the start of the next academic year. "

Seven. Article 177 (1) is worded as follows:

" 1. In the case of death by accident of work or occupational disease, the surviving spouse, the survivor of a couple in fact in the terms regulated in Article 174 (3) and the orphans shall be entitled to compensation a lump sum, the uniform amount of which shall be determined in the general regulations of this Law.

In the case of separation, divorce or invalidity, it shall apply, where appropriate, as provided for in Article 174 (2). "

Eight. Article 179 (2) and (4) are amended as follows:

1. The second subparagraph of Article 179 (2) shall be deleted.

2. A final paragraph is added to Article 179 (4) with the following wording:

" Without prejudice to the general provisions of this paragraph, the limit laid down may be exceeded in the event of a number of orphan's pensions having a widow's pension when the percentage to be applied to the pension a corresponding regulatory basis for the calculation of the latter is 70%, but in no case shall the sum of the orphan's pensions exceed 48% of the corresponding regulatory base. "

Nine. The ninth transitional provision of Law 53/1984 of 26 November of Incompatibilities of Personnel to the Service of Public Administrations is deleted.

Article 6. Family allowances per child in charge.

The second subparagraph of Article 181 (a) of the General Law on Social Security is worded as follows:

" The deceased person shall not lose the status of a child or of a minor who is in charge for the mere fact of making gainful employment on his or her own account, provided that he continues to live with the benefit of the benefit and that the the annual income of the deceased, as a result of the work, does not exceed 100% of the inter-professional minimum wage, also in annual accounts. "

Article 7. Contribution during the receipt of unemployment benefit for over 52 years.

New wording is given to Article 218 (4) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, in the following terms:

" 4. For the purposes of determining the quotation in the cases referred to in the preceding paragraphs, the minimum price ceiling in force at each time shall be taken as the basis of quotation. However, where the contribution of the retirement contingency and the beneficiary is greater than 52 years, 125% of the minimum ceiling shall be taken as the basis of quotation. "

Article 8. Temporary incapacity and unemployment.

New wording is given to Article 222 (1) of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, in the following terms:

" 1. Where the worker is in a situation of temporary incapacity arising from common contingencies and during the same period he is terminated his contract, he shall continue to receive the temporary incapacity benefit equal to the unemployment benefit until such a situation is extinguished, then to the legal situation of unemployment in the event that the extinction has been produced by some of the causes provided for in Article 208 (1) and to perceive, if it meets the requirements necessary, the contributory unemployment benefit which corresponds to the initiation of the (a) the date of termination of the contract of employment, or the unemployment allowance. In such a case, the period of receipt of the unemployment benefit, as already consumed, shall be deducted from the time spent in the situation of temporary incapacity from the date of termination of the contract of employment.

The managing body of unemployment benefits shall make contributions to social security in accordance with the provisions of Article 206 (1) (b), assuming in this case the contribution to be made to the social security contributions. workers in their entirety for the entire period which is neglected as consumed, even where the unemployment benefit has not been applied for and without a continuity solution is passed on to a situation of permanent incapacity or retirement, or death of the worker entitled to death and survival benefits.

When the worker is in a situation of temporary incapacity arising from professional contingencies and during the same period his employment contract is extinguished, he will continue to receive the temporary incapacity benefit, in the amount equal to that which was recognised, until such a situation is extinguished, then, where appropriate, to the legal situation of unemployment in the event that the extinction has been caused by any of the causes referred to in paragraph 1 of the Article 208 and, if it meets the necessary requirements, the corresponding provision by unemployment without, in this case, the need to discount the period of receipt of the period which would have remained in temporary incapacity after the termination of the contract, or the unemployment allowance. '

Article 9. Rules for the development and implementation of Special Regiments.

New wording is given to the additional eighth provision of the recast text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, in the following terms:

" Additional disposal octave. Rules for the development and implementation of Special Regiments.

1. The provisions of Articles 137 (2) and (3), (3), (2) and (3), (3), (3), (3), (2) and (3), (2) and (3), (1), (2) and (3), (1), (1), (2), (2), (3), (4) and (2), (2), (2), ( 5; 163; 165; 174; 174 bis; 175; 176, paragraph 4; 177, paragraph 1, second subparagraph; and 179. The rules on family benefits provided for in Chapter IX of Title II shall also apply; the additional provisions seventh and fourth and fourth transitional provisions, first subparagraph, fifth, paragraph 1, fifth bis, sixth bis and sixteenth.

By way of derogation from the preceding paragraph, the application shall be exempted from the special arrangements provided for in Article 138 in the last subparagraph of paragraph 2 of this Article, as well as the provisions of paragraph 5.

2. In the Special Regime for Coal Mining, and for workers employed by the Special Agricultural Regimes and the Workers of the Sea, the provisions of Article 140 (4) and Article 162 (2) shall also apply.

3. The provisions of Article 161a (2) shall apply to employed persons who are members of the Special Regiments of Coal and Workers ' Mining of the Sea.

4. The provisions of Articles 134, 135, 1313a, 135b and 166 and the fourth, second and seventeenth transitional provisions shall apply, where appropriate, to the employed persons of the special schemes. The provisions of Articles 112a and 162.6 shall also apply to workers employed by special schemes other than those covered by the Special Agricultural and Household Employees ' Schemes. Furthermore, the provisions of Articles 134, 135, 135a, 1313b and 166 shall apply to the self-employed persons included in the Special Regims of the Sea, Agrarian and Self-Employed Workers, on the terms and conditions to be regulated.

5. The provisions laid down in the last subparagraph of Article 139 (2) and Article 139 (4) shall apply to all schemes which form part of the social security system. For the purposes of determining the minimum amount of the pension and the calculation of the supplement to which they relate respectively, those paragraphs shall be taken into account as a minimum basis for the contribution in force at any time in the General Regime, (a) any scheme under whose rules the pensions of total permanent incapacity and invalidity are recognised. '

Additional disposition first. Minimum amount for total permanent disability pensions.

In the table of annual minimum amounts of contributory modality pensions to be included in the corresponding State General Budget Law, minimum amounts will be established for disability pensions. total permanent in the cases referred to in the second subparagraph of Article 139 (2) for beneficiaries who are less than 60 years of age.

Additional provision second. Retirement age reductive coefficients.

An additional new provision is incorporated in the recast text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, with the following wording:

" Additional layout 45th. Retirement age reductive coefficients.

For the purposes of the first subparagraph of Article 161a (1), the general procedure to be observed in order to lower the retirement age, in which the prior to studies on accidents in the sector, penalties, dangerousness and toxicity of the working conditions, their impact on the processes of incapacity for work which it generates in the workers and the physical requirements required for the development of the activity.

The establishment of retirement age coefficients, which will only be carried out when the change in working conditions is not possible, will bring the necessary adjustments to the levy to ensure the financial balance. "

Additional provision third. Widow's pension in special cases.

By way of exception, the right to a widow's pension shall be recognised where, having produced the event causing the event prior to the entry into force of this Law, the following circumstances are present:

(a) That the death of the deceased, meeting the high and contribution requirements referred to in Article 174 (1) of the recast text of the General Law of Social Security, could not have been caused Widow's pension.

b) That the beneficiary would have maintained uninterrupted coexistence, as a couple of fact in the terms set out in the first paragraph, fourth paragraph, article 174.3 of the General Law of Social Security, in the given wording by Article 5 of this Law, with the deceased, during at least the six years preceding the death of the latter.

c) The causative and the beneficiary would have had common children.

d) That the beneficiary does not have a recognized social security contributory pension entitlement.

e) In order to access the pension provided for in this provision, the corresponding application must be submitted within the period of time that is not extended for the twelve months following the entry into force of this Law. The recognised pension shall have economic effects from the first day of 2007, provided that all the requirements laid down in this provision are met.

Additional provision fourth. Improvement of early retirement pensions caused before 1 January 2002.

1. Workers who, prior to 1 January 2002, had been entitled to an early retirement pension under the provisions of Article 2 (1) of the third transitional provision of the recast text of the General Law of the social security or the rules concordant with the special schemes which form part of the social security system, where the age which in each case would have been taken into account for the application of the corresponding reducing coefficients it would have been between the sixties and the sixties and four years, both inclusive, the right to an improvement in his/her pension, with effect from 1 January 2007, provided that from the working document in the Social Security Administration it is deducted that they meet the following requirements:

(a) That they are credited at least thirty-five years of contribution.

b) that the termination of the employment contract for which the access to early retirement would have been derived would have been caused by reason not attributable to the free will of the worker, understood among the assumptions contained in the Article 208.1.1 of the recast text of the General Law on Social Security.

2. The improvement of the pension shall consist of an increase in the total monthly amount, variable according to the age of the worker taken into account for the determination of the coefficient reducing the percentage applicable to the pension base, as to the following sections:

Sixty years, 63 euros monthly.

Sixty-one years, 54 euros a month.

Sixty-two years, 45 euros monthly.

Sixty-three years, 36 euros a month.

Sixty-four years, 18 euros a month.

3. The corresponding amount, which shall be paid in 14 pages, shall be recognised as a change in the amount of the retirement pension and shall be integrated into it for all purposes, including the application of the limit referred to in Article 47 of the recast of the General Law on Social Security and without prejudice, where appropriate, of the absorption of the supplement by minimum to be collected. In the case of pensions recognised under international standards, the rules laid down in those rules on the determination and calculation of the amount of pensions shall apply in order to fix the amount of the monthly increase.

4. The Management Entity shall recognize, either on its own initiative or at the request of a party, the right to the regulated improvement in this provision within three months from the entry into force of this Law, in accordance with the information contained in the of data on social security benefits and on the general file of affiliation, which shall, respectively, prove the years of contributions paid and the involuntary nature of the cessation of work.

Additional provision fifth. Orphan benefits.

1. In the case of orphans, the benefits to be received by orphans shall be granted on an equal basis, irrespective of their affiliation, in the terms and conditions which they regulate.

2. The Government shall, in the coming financial years, take the necessary measures to ensure that the minimum amount of the orphan's pension is at least 33% of the amount of the Public Indicator of Multiple Effects.

Additional provision sixth. Protection of workers exposed to occupational diseases.

The government will modify, within one year, the regulations governing the protection of workers, affected by the same professional activities, in the different social security systems, tending to the homogenization of the level of protection dispensed.

Also, reductions in social security contributions will be made, corresponding to workers affected by occupational diseases to a degree that is not of origin to economic benefit, which are intended for alternative and compatible jobs with their state of health, in order to interrupt the unfavourable development of their disease.

Additional provision seventh. Implementation of early and partial retirement mechanisms in the field of public employees.

Within one year, the government will present a study on the regulatory regulations for the early and partial retirement of public employees, as well as the staff of the Armed Forces and the service of the administration of Justice, which addresses the application of the rules governing such retirement arrangements, the conditions under which this application does not create problems of sustainability to social protection systems and homogenisation, in terms of comparable, of the different regimes.

In this study, the specific reality of the different groups affected, including that of the staff to which Law 55/2003 of 16 December 2003, of the Staff Regulations of the Staff Regulations of the health services, taking into consideration the singularities surrounding it, from a perspective commensurate with the priorities and guarantees outlined in the previous paragraph.

Additional disposition octave. Extension of active life in the State Passive Classes Regime.

In order to ensure that public officials are fully implementing the provisions of Article 163 (2) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994, 20 June, in the wording given by Article 3 (4) of this Law, as well as the analogous precepts regarding the State Passive Classes Regime, and all of this with its same validity, the Government will forward to the General Cortes a Draft law developing the terms of the prolongation of the permanence in the active service to that refers to Article 67.3 of Law 7/2007 of 12 April of the Basic Staff Regulations.

Additional provision ninth. Assimilation of persons who have been legally declared incapable.

For the purposes of the application of the General Law of Social Security, it is understood that they are affected by a disability to a degree equal to or greater than 65 percent, those persons who have been legally declared unable.

Additional provision 10th. Death aid.

Death aid will increase by 50 percent over the next 5 years, at a rate of 10 percent per year. From that time on, in each financial year, the death aid shall be updated according to the consumer price index.

Additional provision eleventh. Support for the families of people with disabilities.

The government will present in the Congress of Deputies, within one year, a study that will analyze globally the different possibilities for the families of people in a situation of disability (protected heritage, supplementary social provision, special agreement with the Social Security Administration and tax benefits) in order to guarantee a sufficient income for persons with disabilities who, by the nature or severity of their conditions, cannot perform a professional activity throughout your life and find themselves devoid of support family.

Additional disposition twelfth. Improved income for families with lower incomes.

In turn, during the next financial years, the improvement of the deductions in the Income Tax of the Physical Persons, of the economic benefits of the contribution level of the Social Security and of the Non-contributory level benefits will ensure a strengthening of support policies for families.

Additional disposition thirteenth. Consideration of the large family.

A new paragraph is added to Article 2 (2) of Law 40/2003 of 18 November on the Protection of Families with the following wording:

"The parent with two children, when the other parent has passed away."

Additional disposition fourteenth. Computation, by the Social Security system, of periods quoted to the Montepios of the Public Administrations of Navarra.

1. For the purposes of pensions of permanent incapacity, retirement and death and the survival of the social security system, in any of its schemes, the periods quoted by the workers shall be taken into account in any of the Public administrations of Navarra, provided that such periods do not overlap with others listed in the aforementioned system, both to credit the periods of absence in each case required for the acquisition of the right to a pension, and to determine, where applicable, the percentage for years of contribution for the calculation of the same. Where, for the purposes of calculating the basis of the corresponding pension, account has to be taken of periods which are the subject of such a calculation, the determination of the bases of contribution to be considered shall be carried out on the basis of remuneration. actual workers in those periods, applying the rules of the levy in force at any time in the field of the General Social Security Scheme.

Notwithstanding the above paragraph, the periods referred to in the terms of the same shall not be taken into account in any case where, in the case of others, the right to a pension has been recognised in such cases. Montepios.

2. The provisions of this provision shall apply retroactively, subject to review, at the request of a party, of the files which were decided on by the relevant Social Security Agency, but the effects of the the economic performance of such reviews shall only be produced from the first day of the month following the date of the corresponding application.

3. The calculation of the calculation of the preceding paragraphs shall be carried out as soon as the Community of Navarre is carried out in the same way in relation to the periods of contribution accredited to the social security system, in application of the provisions of the Law Foral 13/1993 of 30 December, in the successive Foral Laws of the General Budget of Navarre and in Article 30 of the Law Foral 10/2003, of 5 March, on the transitional regime of the rights liabilities of the staff of the Montepios de las Administraciones Públicas de Navarra.

This provision shall not apply in relation to the Special Regime of Social Security of Civil Servants of the State, the Special Regime of Social Security of the Armed Forces and the Special Regime of the Social security of the staff at the service of the Administration of Justice.

Additional provision 15th. Employment and Social Security Relationship of Artists in Public Shows.

The government will proceed, within a year, to the updating of the rules that regulate the special character of the artists in public shows and the social security system applicable to them, the purpose of facilitating the generation of contribution races with as little interest as possible and to bring those rules into line with the new arrangements for the provision of services.

Additional provision sixteenth. Special Regime of Sea Workers

Article 2 (b) of the recast text of Laws 116/1969 of 30 December, and 24/1972 of 21 June, governing the Special Regime for the Social Security of Workers of the Sea, adopted, is amended. by Decree 2864/1974 of 30 August 1974, which is worded as follows:

" (b) self-employed or self-employed persons who perform in a regular, personal and direct manner any of the activities listed below, provided that the latter constitutes their fundamental means of life and that the other circumstances to be determined in respect of each of these activities:

1. ° The shipowners of small vessels working on board them.

2. º Those that are dedicated to the extraction of products from the sea.

3. Keepers who do not perform their faenas on behalf of a particular fishing company.

It is assumed that the above activities constitute their fundamental means of life, for the purposes of inclusion in this Special Regime, provided that they obtain income to meet their own needs or, in their (a) the case of family unit, even if, on an occasional or permanent basis, other work does not specifically determine whether or not it is determining whether or not it is included in any other of the Social Security System (

of Social Security ').

Additional 17th disposition. Special Social Security Regime for Civil Servants of the State.

The following amendments are made to the recast text of the Law on Social Security of Civil Servants of the State, approved by Royal Legislative Decree 4/2000, of 23 June:

One. Article 20 (2) is worded as follows:

" 2. Where the situation of temporary incapacity is extinguished in the course of the maximum period laid down, it shall be examined in the terms and time limits laid down in the General System of Social Security for the purpose of the status of the official as disabled on a permanent basis for the functions of his/her Body or Scale and permanent incapacity for service. In those cases where, continuing the need for medical treatment due to the expectation of recovery or the improvement of the state of the official with a view to their reinstatement to the service, the clinical situation of the person concerned would make advisable delay the aforementioned qualification, and thus have been ruled in reasoned report on the capacity or incapacity of the official by the Inabilities Assessment Team of the Provincial Directorate of the National Institute of Social Security of the the province in which it has its registered office, or by the Unit of Valuation which is derived from the official's body or scale, such qualification may be delayed for the period specified, which may in no case exceed the following 24 months from the date on which the incapacity situation has been initiated temporary. "

Two. Article 21 (3) is worded as follows:

" 3. The right to a temporary disability allowance, whatever the situation has given rise to it, shall in any event be deemed to be extinguished for the duration of the maximum period of 24 months from the start of the temporary incapacity. "

Three. A new paragraph 2 is added to Article 22, passing its only paragraph to paragraph 1, in the following terms:

" 2. In the situations referred to in this Article, the economic rights, for the entire duration of the licence, shall be those laid down in Article 21 above, with the particularity that the economic benefit is equivalent to the allowance for temporary incapacity shall consist of a subsidy in charge of the General Mutual State of Civil Servants of the State in amounts equal to 100% of the additional remuneration payable in the first month of leave. "

18th additional disposition. Regular evaluation of the Social Security pension system.

The Ministry of Labor and Social Affairs will issue, before April 30 each year, a report on the evaluation and strategy of the pension system that will be sent to the General Cortes. The General Intervention of Social Security shall, in provisional terms, document the budgetary implementation of the preceding financial year, in a report accompanying the report drawn up by the Ministry of Social Security.

Additional 19th disposition. High-checking procedure in cases of temporary incapacity.

Reglamentarily the administrative review procedure will be regulated, by the National Institute of Social Security and at the request of the interested party, of the high ones that are issued by the collaborating entities in the processes of temporary disability.

320th additional disposition. Incentives for the prolongation of the activity.

From the date of compliance of 65 years of age and the accreditation of 35 years of social security contributions, workers, whose employers are beneficiaries of the bonuses regulated in article 4.1 Law 43/2006 of 29 December 2006 for the improvement of growth and employment, and which continue in their job, will only have to contribute to the contribution made by the contribution to the temporary disability arising from contingencies common.

Additional twenty first disposition. Social protection for researchers.

Before 31 December 2007, the Secretariat of State for Universities and Research and the Secretariat of State for Social Security will carry out a joint assessment of the implementation of Royal Decree 63/2006, of 27 January, with regard to the incorporation of the social protection system of the scholarship staff, and take the necessary measures to ensure this incorporation into the sectors of the collective in which the greatest difficulties have been expressed, such as the Overseas scholarship holders and grant holders associated with research and scholarship projects of a "technological" type, among others.

Additional twenty-second disposition. Retirement age of the fire collective.

The government will present to the non-permanent Commission monitoring and evaluation of the agreements of the Toledo Pact of the Congress of Deputies, prior to its analysis by the Monitoring Committee of the Agreement on Measures in the Field of Social security, a report on the measures to be taken to comply with the parliamentary initiatives adopted by the House, in relation to the reduction of the age of access to the retirement pension by the collective of the firefighters.

33rd additional disposition. Social protection of priests, religious and religious of the secularized Catholic Church.

The Government will present in the Congress of Deputies, within three months of the entry into force of this Law, a report on measures to be taken in relation to the priests, religious and religious of the Church. Catholic secularists who make it possible to improve the mechanisms for financing the increase of the retirement pension, recognized under the additional provision of Law 13/1996, of December 30, of fiscal measures, administrative and social order.

Twenty-fourth additional disposition. Improvement of lower-level pensions, in favour of single-person family units.

The recipients of pension contributions from the Social Security system for retirement contingencies, permanent incapacity and widower, who form a single-person economic unit, and who have to cope with their Pension for the maintenance of a household, will experience during the next four years additional increases of its complement for minimums, which will allow them to reach in that period the minimum income levels necessary for the support of their home. The adoption of this measure will take into account the income of the pensioner, as well as the estate, excluding his usual dwelling.

The financing of the minimum complement will be made from the contribution of the General Budget of the State to Social Security.

Additional twenty-fifth disposition. Comprehensive reform of the widow's pension.

The government, following the recommendations of the Toledo Pact, will draft a study that will address the comprehensive reform of the widow's pension.

Additional twenty-sixth disposition. Workers from customs agencies affected by the incorporation of Spain into the Single European Market.

The workers of customs agencies who, affected by the entry into force of the Single European Market regime, were deprived of their jobs, will be able to join a special convention with Social Security, with the purpose of ensuring that by reaching the official retirement age of 65 years of age, they are entitled to a pension equivalent to that which they would have received from continuing to be active.

Additional twenty-seventh disposition. Revaluation of non-contributory family benefits.

Family benefits in the non-contributory mode referred to in the General Law of Social Security shall apply to them the revaluation criterion set out in Article 48 of that Law.

An additional twenty-eighth disposition. Housing supplement.

The Government will establish a housing supplement, applicable to non-contributory pensions of pensioners living alone and who, because they lack their own habitual housing, are required to pay their habitual residence on rent, in the terms that the General State Budget Law establishes and is regulated in law. These allowances shall, within five years, be the amount necessary to enable those pensioners to reach a situation equivalent to that resulting from the Public Indicator of Multiple Effects Income.

Additional twenty-ninth disposition. Contracts for part-time work and contract of relief.

One. The wording of Article 12 (6) of the Law on the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995 of 24 March, is amended and a new paragraph 7 is included in that article, all with the following wording:

" 6. In order for the worker to be entitled to partial retirement, in accordance with Article 166 (2) of the General Law on Social Security and other concordant provisions, he must agree with his employer on a reduction in the (a) a minimum of 25 per cent and a maximum of 75 per cent, in accordance with Article 166, and the undertaking must simultaneously conclude a contract for the relief, in accordance with the provisions of the following paragraph; replace the working day left vacant by the partially retired worker. The replacement contract may also be concluded to replace workers who retire partially after they have been sixty-five years old.

The reduction in working time and salary may reach 85 percent when the contract of relief is made full time and with an indefinite duration, provided that the worker meets the requirements set out in the article 166.2.c) of the General Law of Social Security.

The execution of this part-time work contract and its remuneration will be compatible with the pension that Social Security recognizes the worker as a partial retirement.

The employment relationship will be extinguished when the worker's total retirement occurs.

7. The relay contract will conform to the following rules:

(a) It shall be concluded with a worker who is unemployed or who has a fixed term contract with the company.

(b) Except in the case referred to in the second subparagraph of paragraph 6, the duration of the contract of relief which is concluded as a result of a partial retirement shall be indefinite or at least equal to the amount of time which the replaced to reach the age of sixty-five years. If, at the time of this age, the retired worker partially continues in the undertaking, the replacement contract which has been concluded for a given duration may be extended by agreement of the parties for periods of year, which shall be extinguished, in any case, at the end of the period corresponding to the year in which the total retirement of the relieved worker occurs.

In the case of a worker who is partially retired after sixty-five years, the duration of the replacement contract which may be concluded by the undertaking to replace the part of the day left vacant by the undertaking may be Indefinite or annual. In this second case, the contract shall be automatically extended for annual periods, which shall be extinguished in the form specified in the preceding paragraph.

(c) Except in the case referred to in the second subparagraph of paragraph 6, the relief contract may be concluded on a full-time or part-time basis. In any event, the duration of the day must be at least equal to the reduction in the working time agreed by the replaced worker. The work schedule of the relievist may be completed by the worker who is replaced or is concurrency with him.

(d) The work place of the reliever worker may be the same as the replacement worker or a similar worker, understanding the performance of tasks corresponding to the same professional group or equivalent category.

In cases where, due to the specific requirements of the work performed by the partial retiree, the job to be carried out by the reliever cannot be the same or a similar job as that of the partial retiree, there must be a correspondence between the bases of quotation of the two, as provided for in Article 166.2.e) of the General Law on Social Security.

The specific requirements of the work will be developed to consider that the job of the reliever worker cannot be the same or a similar one to which the partial retiree was developing.

e) Measures to promote the conclusion of relief contracts may be established in collective bargaining. "

Two. A new transitional provision is included in the Law of the Workers ' Statute, a recast text approved by Royal Legislative Decree 1/1995 of 24 March, with the following wording:

" Transient disposition twelfth. Transitional arrangements for the part-time contract for partial retirement and the replacement contract.

The new legal status of the partial retirement and partial retirement contract as laid down in Article 12 (6) and (7) of the Law of the Workers ' Statute, in the wording given by the Law of Measures in the field of social security shall be implemented gradually in accordance with the provisions of the transitional provisions of the General Law on Social Security. "

Additional 30th disposition. Victims of gender-based violence.

New wording is given to paragraph 1, of the first provision of the Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence.

" 1. Those who are sentenced, by final judgment, by the commission of a criminal offence of murder in any of their forms or injuries, shall lose the status of beneficiary of the widow's pension corresponding to him within the public system of pensions where the victim of such offences is the cause of the pension, unless, where appropriate, reconciliation between them.

In such cases, the widow's pension which would have been due to be recognised will increase orphan's pensions, if any, provided that such an increase is laid down in the legislation governing the social security scheme. in question. "

Additional 30th disposition. Alert devices in car parks and garages.

The competent public authorities will carry out regulations in order to incorporate into the access to the car parks and garages devices that alert the driver of the presence of pedestrians in the proximity of the entry and exit to the public route of such establishments.

First transient disposition. Transitional rights deriving from the previous legislation, on the extension of the economic effects of the situation of temporary incapacity in the Special Regime of Social Security of Civil Servants of the State.

The officials included in the field of application of the Special Regime of Social Security of the Civil Servants of the State who, at the entry into force of this Law, would have exceeded the twenty-first month after the (a) the temporary disability allowance may continue to be paid, under the mutual benefit of civil servants of the State, up to and including twenty-seventh or thirtieth month, inclusive, as appropriate, If they are to be applied, Articles 20 and 21 of the recast of the Law on Security Social of the Civil Servants of the State, in its wording given by Law 42/2006, of December 28, of General State Budgets for the year 2007, well the transitional provision sixth of the aforementioned Law of General Budget of the State Status.

Second transient disposition. Application of retirement age reductive coefficients.

The provisions of the third subparagraph of Article 161a (1) of the General Law on Social Security shall not apply to workers included in the different special schemes which, at the date of entry into force of the the present Law, have recognized coefficients reducing the retirement age, applying the rules laid down in the previous regulations.

Final disposition first. Basic character.

This law has the character of basic social security legislation, in accordance with the provisions of article 149.1.17. of the Constitution.

Final disposition second. Implementing and development provisions.

The Government is authorized to make provisions necessary for the implementation and development of this Law.

Final disposition third. Effectiveness in the application of legal modifications.

1. The changes in the legal system of the benefits of the social security system introduced by this Law, will apply only in relation to the causative facts produced from the entry into force of the the same, except in the cases referred to in the last subparagraph of Article 179 (4) and the transitional provision sixteenth of the recast text of the General Law on Social Security.

2. For the purposes of the application of the requirement referred to in point (d) of Article 161 a (2) and the third subparagraph of Article 2 (1) of the third transitional provision of the recast text of the General Law on Security Social, in any event, the anticipated retirements caused between 1 January 2004 and the date of entry into force of this Law due to cessation in the employment relationship produced by virtue of the cases of regulation of They are involuntary.

The decisions rejecting early retirement pensions as well as the amounts of pensions already recognised will be reviewed at the request of the interested parties.

3. The provisions of Article 22 (2) of the Recast Text of the Law on Social Security of Civil Servants of the State, approved by Royal Legislative Decree 4/2000 of 23 June, in the wording resulting from the provision Further seventeenth of this Law, it will roll back its effects to the date of entry into force of the Organic Law 3/2007, of March 22, for the effective equality of women and men.

Final disposition fourth. Assumption of powers in terms of temporary incapacity.

The Secretary of State for Social Security, on a proposal from the National Social Security Institute, and by means of a resolution published in the "Official Gazette of the State", will determine the date from which the the functions assigned in Article 128.1.a) of the recast text of the General Law of Social Security by the bodies to which it refers.

Final disposition fifth. Amendment of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Article 87 (1) (e) of Law 7/2007 of 12 April 2007 of the Basic Staff Regulations is amended, which is worded as follows:

" (e) When accessing the status of Deputy or Senator of the General Courts or Members of the Legislative Assemblies of the Autonomous Communities if they receive periodic remuneration for the performance of the function. Those who lose that condition by dissolution of the corresponding Chambers or termination of the mandate of the same may remain in the situation of special services until their new constitution. "

Final disposition sixth. Entry into force.

This Law shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State", except for its fourth additional provision which shall do so on the day following that of such publication.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 4 December 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO