Law 42/2006, of 28 December, of the General Budget of the State for the year 2007, in its additional fiftieth fifth provision, establishes that the periods of dedication will be considered as listed for Social Security. to the teaching of the Basque language, when the persons who carried out such professional activity could not be included in the system of social security, for the exercise of it, given the circumstances of the underground in which the mentioned teaching activity. The consideration of such periods as quoted for social security is made, according to the text of the law, with the aim that the right to social security benefits or, where appropriate, the right to social security benefits can be recognised. increase in the amounts of the benefits that they received, with the cost of the improvements being financed by means of a transfer from the State to the Social Security budget. The said additional provision of Law 42/2006, of 28 December, enables the Government to approve, within a maximum period of six months from the entry into force of the law, the necessary rules for establishing the terms and conditions of the law. where the calculation of the periods is to be carried out for the purposes set out above and in order to lay down, within the same period, the rules necessary for the application of the provisions of that additional provision. It is clear that this is a single generic rating to dictate the rules of application that includes the other one more specific to setting the terms and conditions of the computation of the periods. In order to comply with the aforementioned legal mandate, this royal decree sets the time limit for periods of dedication to the teaching of the Basque language which can be considered as social security contributions, after verification, in the publication of the Constitution of 1978, since it seems impossible to think of a clandestine activity in the teaching of the Basque language after the adoption of the Constitution, Article 3 of which, in paragraph 2, raises the languages of the autonomous communities to officers, and, in 3, contains a proclamation on " the richness of the various linguistic modalities of Spain ", which qualifies as" cultural heritage that will be the object of special respect and protection ". Although it is true that in 1967 the Diputación Foral de Navarra approves rules that allow the learning of the Basque language in non-school hours and begins to give authorization to some ikastolas, the absence of regulation or the lack of authorization For a long period of time, in specific situations, they must avoid this lack of legal support for face-to-face teaching that begins or continues to take place in the Basque Country and Navarre, to the extent that in the legislation adopted by the plenary session of the General Council of the Basque Country, on 15 October 1979, on the official ownership of the ikastolas, the main objective is still to be provided with a legal status which "ensures their economic and legal security". According to this plurality of situations, an individualized assessment of each of the applications by the General Treasury of Social Security, as well as the examination of the certifications approved by the Educational Administrations, is foreseen. competent, while the rule avoids overlapping of periods whose recognition is requested with other quoted periods. It also defines the professional activities that give rise to the application of the aforementioned legal benefit, in such a way that it reaches the people who have dedicated themselves to the conventional teaching of the Basque language, or to develop the integral learning of This language is taught through the teaching of other subjects in Basque by means of the so-called "language immersion". The royal decree determines the body competent to carry out the recognition as quoted to the Social Security of the periods of exercise of the professional activity indicated, after accreditation by the interested of the time of dedication to her. Finally, the scope deriving from that recognition in the area of entitlement to benefits is established; and thus, the possibility of periods considered as listed as having an effect on access to all pensions of the Member State is provided for. General scheme of social security as well as, where appropriate, pensions for the compulsory insurance of Old Age and Invalidity. In the process of drawing up this royal decree, the Autonomous Community of the Basque Country and the Autonomous Community of Navarra have issued a report. This royal decree is dictated by the exercise of the qualification made by the additional fiftieth fifth of the Law 42/2006, of December 28, of the General Budget of the State for the year 2007. In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 15 June 2007,

D I S P O N G O:

Article 1. Scope of application.

What is established in this royal decree will apply to those who, prior to the publication of the Spanish Constitution, on the 29th of December 1978, have professionally dedicated themselves to the teaching of the Basque language, without possibility to be included in any social security scheme, as a result of the clandestine nature of the activity.

Article 2. Periods recognized as listed for Social Security.

1. The periods of professional activity referred to in the preceding article, duly accredited, shall be recognised as being listed for Social Security by the General Treasury of Social Security, at the request of the person concerned, provided that there is overlap with other trading periods.

This application must be accompanied by a certification of the exercise of the teaching activity and the periods in which it was developed, issued by the competent authority in the educational field of the Autonomous Community of the Country. Basque or the Community of Navarra. The General Treasury of Social Security shall appraise each of the applications to verify compliance with all the conditions of the right, and may request from the competent bodies of the Autonomous Community of the Basque Country or the Community of Navarre, any further documentation of the certifications which the latter issue, and which is considered relevant for an appropriate assessment of the compliance with the conditions of the right. 2. The periods of professional activity recognised as being listed for social security shall be taken into account in the compulsory compulsory period of old age and invalidity or the general scheme of social security, as previously provided for in the January 1, 1967 or as of this date. 3. The periods recognised as listed in the Social Security referred to in the preceding paragraphs shall be valid for

following purposes:

(a) recognition of the right to old-age pensions, invalidity and widower of the compulsory compulsory old-age and invalidity insurance.

(b) recognition of the right to permanent disability and death and survival pensions, arising from common contingencies, of the General Social Security Scheme. (c) recognition of the right to a retirement pension under the General Social Security Scheme. (d) an increase in the amount of the pension for the general scheme which the person concerned is receiving.

4. Where the person concerned, when applying for a pension, claims the periods of professional activity referred to in Article 1 and does not include his recognition as being listed for social security, the relevant managing body send the necessary background to the General Treasury of Social Security to resolve the source of its computation.

Article 3. Common rules on pensions.

1. Periods recognised as being listed for social security in accordance with the provisions of the preceding article shall have effects both for the coverage of the minimum periods of contribution required to credit the corresponding periods of insurance. (a) pensions, such as, where applicable, the calculation of their amount and, in respect of periods recognised as from 1 January 1967, the persons concerned shall be deemed to be in a situation of high status in the General Social Security Scheme for access to the pensions in question.

2. Where, under the provisions of this royal decree, a pension is requested from the General Regime, the cause of which would have occurred before the date of its entry into force, the rules in force at the time of the event shall apply. without prejudice to the specialities which are expressly regulated. 3. If in the period to be considered for the calculation of the pension base of the General System of Social Security there are periods recognized as quoted under this royal decree, these will be computed by the amount of the minimum basis of contribution in force at any given time. The amount resulting from the pension in question shall be updated, applying the revaluations which have taken place since the date of the causative event.

Article 4. Pension of permanent incapacity of the General Regime.

The situation of permanent incapacity arising from common contingencies which would have arisen prior to the entry into force of this royal decree may give rise to the recognition of the corresponding pension under the (a) the conditions laid down in it, provided that, in addition to the requirements laid down in general, the date on which the incapacity was sought was established and provided that the person concerned had not carried out self-employed or self-employed activities; after that date. In these cases the causative event shall be understood as being produced at the indicated date.

In the procedure initiated at the request of the person concerned for the recognition of the pension, the indicated ends must be documented, in order to enable the assessment team to issue the corresponding Proposal.

Article 5. Pensions for the death and survival of the General Regime.

For the purposes of the recognition of the right to death and survivor's pensions, the deceased shall be deemed to have been a pensioner if he could have been entitled to a pension under the provisions of this royal decree.

Article 6. Retirement pension of the General Regime.

1. The event causing the retirement pension may be fixed, at the option of the person concerned, on the date on which the conditions required in general or on the date of application for the recognition of the right under the provisions of the this royal decree.

2. Where the person concerned is already receiving retirement pension at the date of entry into force of this royal decree, a new calculation of the amount of the pension shall be made. For these purposes, the percentage resulting from adding to the periods actually listed as such, in accordance with the scale in force on the date of the application for the pension, shall be applied to the recognised pension regulatory base. review. The resulting amount shall be updated, applying the revaluations which would have taken place from the initial date of the pension's effects to the date of the revision of the pension.

Final disposition first. Competence title.

The present royal decree is dictated by the provisions of Article 149.1.17. of the Constitution, which attributes to the State exclusive competence in matters of the economic regime of Social Security.

Final disposition second. Economic effects.

Applications for recognition of the right to pensions or for the revision of their claims, made under the provisions of this royal decree and submitted during the four months following the date of its entry into force, produce economic effects as from 1 January 2007, provided that the person concerned meets the required requirements for this purpose at such a time.

Final disposition third. Powers of implementation and development.

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

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 15, 2007.

JOHN CARLOS R.

The Minister of Labour and Social Affairs, JESUS CALDERA SANCHEZ-CAPTAIN