Law 36/2014 of 26 December 2015 on the General Budget of the State for the year 2015 contains, within its Title IV and the corresponding provisions, the basic criteria for determining the amount of public pensions, In general, it will be revalued at 0.25%, in accordance with the provisions of Articles 48 and 27 of the consolidated texts of the General Law on Social Security, adopted by Royal Decree-Law 1/1994, June 20, and the Law on Passive Classes of the State, approved by Royal Decree 670/1987, of 30 April, respectively, in accordance with the wording of Article 7 and the third final provision of Law 23/2013 of 23 December 2013 on the sustainability factor and the revaluation index of the pension system Social Security.

By this royal decree, in the matter of Passive Classes, the forecasts referred to in the aforementioned legal norms are developed, establishing the revaluation of pensions by 0.25 percent, whatever their regulatory legislation, with the exception of exceptions legally provided for in that law. In addition, the rules and the procedure for making the revaluation and the system for granting economic allowances for minimum pensions are set out in this royal decree.

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

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

On the other hand, the requirements for the accreditation of the experience required of the pensioners of Passive Classes residing abroad are harmonised with the Social Security. Furthermore, in order to speed up the procedure for the recovery of undue perceptions, certain provisions of Royal Decree 1134/1997 of 11 July 1997 regulating the procedure for the recovery of undue perceptions and others are amended. rules on passive classes.

In its virtue, on the proposal of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on December 26, 2014,

DISPONGO:

CHAPTER L

General rules on the revaluation of passive class pensions for the year 2015

Article 1. Increase for the year 2015 of the pension of Passive Classes.

In accordance with Articles 37 and 41 of Law 36/2014 of 26 December 2015 on the General Budget of the State for 2015, the pensions paid by Passive Classes will be increased by 0.25 percent. of the amounts which they would have corresponded to 31 December 2014, except those covered by Title II of Royal Decree 851/1992 of 10 July 1992 on certain extraordinary pensions caused by acts of terrorism, which shall be adapted to the amounts corresponding to their own legislation.

Article 2. Pensions not revalorizable during the year 2015.

Notwithstanding the provisions of the previous article, and in accordance with Article 42 of the expressed State General Budget Law for the year 2015, no increase will be made. Passive Classes pensions:

(a) Those whose full amount, in addition, if applicable, to the monthly full amount of other public pensions received by the holder, exceeds EUR 2,560,88 in monthly payments when the holder is entitled to to receive 14 monthly payments or, in other cases, EUR 35,852,32 in annual accounts.

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

Article 3. Extraordinary pensions for acts of terrorism.

1. In accordance with the second paragraph of Article 42.a (a) of the General Budget Law for the year 2015, as well as in Royal Decree 851/1992 of 10 July 1992, the extraordinary pensions of Passive Classes originated in terrorist acts are exempt from the exclusionary or limiting rules referred to in Article 2.a) and Article 4.2. of this royal decree.

2. In the event that, together with any of the pensions mentioned in the previous number, it was entitled to receive at 31 December 2014 some or some other public pensions, the rules which are exclusive or limiting, if they are applicable to the latter.

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

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

1. The increase shall apply to pensions which were caused before 1 January 2015 on the monthly full amount which it received or would have received from its holder as at 31 December 2014. The update will then proceed according to the norms that on revaluation, concurrency of pensions and limitation of its increase are contained in the Laws of corresponding Budgets, applying for the year 2015 the increase from.

2. For the purposes of Article 43 of the General Budget Law of the State for the year 2015, the amount of the pension or set of pensions paid out of the Passive Classes receivable by the same person Once the increase has been applied to each of them, the holder shall be limited to the amount of EUR 35,852,32 full per year, including the amount of the ordinary monthly payments and the amount of the payments extraordinary that they may correspond.

In widow's pensions, increases for children who may have been recognized under Law 19/1974, 27 June, pension improvement of Passive Classes, and Law 74/1980, of December 29, of Budgets State generals for 1981, shall in no case be computed for the purposes of the application of the maximum limit of perception set out in the preceding paragraph.

In the event that in the same holder one or more of the pension of Passive Classes with another or other public pensions is present, the value of the pension or pension set of Passive Classes will have as a limit a figure that with a total of EUR 35,852,32 per year the same proportion as that pension or pension with the total set of public pensions to be paid by the holder.

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

An image appears in the original. See the official and authentic PDF document.

"CP" is the annual theoretical full value reached at December 31, 2014 for the pension or pension of Passive Classes, and "T" the result of adding to the previous figure the full value in annual terms of the other pensions at the same time.

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

Article 5. Procedure for revaluation.

1. The revaluation of the pension of Passive Classes for 2015 will be practiced ex officio by the General Directorate of Personnel and Public Pensions Costs of the Ministry of Finance and Public Administrations.

2. This revaluation shall be carried out in the light of the labour data for each pension holder as at 31 December 2014. However, in accordance with the provisions of Article 21.2 of the recast text of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April, any recipient of Passive Classes may be required to provide information regarding its economic status with the effects on that standard that are provided for.

3. In accordance with the provisions of the General Budget Law of the State for the year 2015, the revaluation shall be provisional until such time as the Administration establishes the origin of the perception of its value, in function of the other perceptions of the holder of a pension or pension and of the rules on concurrency and incompatibility that are applicable in each case.

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

CHAPTER lI

Add-ons for minimums

Article 6. Economic supplements for pension classes Passive during 2015.

1. According to the forecasts contained in Article 44 of the State Budget Law for 2015, the application of economic supplements to the pension of the Passive Classes System will be adjusted to the following rules:

(a) That pension of the Passive Classes Scheme may be supplemented, whatever the date on which it was caused, which does not reach the corresponding minimum in column A of the table which is included in the number 2 of this Article, provided that it has been recognised under the general legislation in the field and that its holder does not receive, during the financial year 2015, income from work or capital or, in the view of the holder, does not exceed EUR 7,098,43 per year. Also, in pensions caused from 1 January 2013, it will be necessary to reside on Spanish territory.

However, if the holder receives income from the concepts indicated above the figure referred to in the preceding paragraph, he shall be entitled to a supplement to a minimum when the sum in annual calculation of such income and of the pension already recovered does not exceed the corresponding limit in column B of the above mentioned table for the pension class concerned. In this case, the supplement for minima shall consist of the difference between the two amounts, provided that this difference does not determine for the person concerned a joint monthly pension and supplement in excess of the amount of the minimum amount of the corresponding pension in monthly terms.

(b) In the event of the receipt of a number of Passive Class pensions by the same beneficiary, the supplement shall, where appropriate, apply in respect of that pension which, in the interest of its nature, is assigned a higher amount in column A of the table that is included in the number 2 of this article.

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

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

The widow's pension arising from 1 January 2013, the amount of which is equal to that of the compensatory pension which has been paid to her at the time of separation or divorce, may not be supplemented.

d) The amount to be taken into account shall be, for the pension of Passive Classes, that which is once revalued the same in accordance with the provisions of this royal decree, and for the remaining public pensions, the one that the beneficiary is receiving at the time the application for the initiation of the procedure for economic supplements referred to in Article 7.2 is submitted.

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

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

For these purposes, the concept of income shall be defined in accordance with the laws of the Income Tax of the Physical Persons, although, in any case, the income corresponding to any pension of the public character, whether or not they are subject to the aforementioned tax; the pension of Passive Classes will be taken at its annual value once revalued in accordance with the provisions of this royal decree; the remaining public pensions will have the annual value it is appropriate at the time of submission of the application referred to in Article 7.2 below; and Income from work and capital will be taken in the value perceived in the year 2014, it is necessary to exclude the left from perceiving due to the fact causing the different pensions, as well as those that are proved that they are not to be perceived in the year 2015.

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

For the recognition of allowances for minimum pension classes of Passive Classes, of the full income received by the pensioner, and taken into account in the terms laid down in the tax legislation, they shall be excluded the deductible expenses for the full income from work, economic activities and real estate.

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

:

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In the case of pension or pensions in favour of other family members who are received by several beneficiaries, the figure resulting from column A of the above table shall not be less than EUR 193,80 per month for each one of the beneficiaries whose annual income does not exceed those listed in column B. However, where one of the beneficiaries is a disabled orphan under the age of 18 with a disability of 65% or more, the minimum amount to be recognised for that orphan shall be EUR 381,40 per month, provided that it complies with the Quoted revenue limit requirement.

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

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

3. The economic supplements covered by this provision, which will be paid in 12 ordinary and two extraordinary amounts, all of which are of equal value, will in no way be consolidated and will be absorbed by any future increase which may be able to experience the perceptions of the person concerned, either by revaluation or by recognition in favour of new public pensions. The amount of such pension supplements caused in 2015 under no circumstances may exceed the amount of EUR 5,136,60 per year, fixed for retirement and invalidity pensions in their non-contributory form in Article 46 (1) of the Law of General State budgets for 2015.

4. In accordance with the provisions of Article 21.5 of Royal Decree 1288/1990 of 25 October 1990 on the revaluation of pension classes Passive Classes for 1990 and economic supplements thereto, they may be granted access to to the minimum pension beneficiaries of Passive Classes which would have obtained it under the express rule.

Article 7. Procedure for economic supplements.

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

2. The procedure shall be initiated at the request of the person concerned by application to the Directorate-General for Personnel Costs and Public Pensions.

3. In the light of the information provided by the applicant for the financial supplement and, where appropriate, the computer consultation of the Register of Public Social Benefits, the general address shall, without further formalities, dictate the decision to be taken, without prejudice to the fact that it is reviewable in accordance with the provisions of the legal order.

If the request for economic supplements is made, for the first time, during the current financial year, its economic effects shall be rolled back to 1 January 2015 or to the date of the start of the pension if it is back.

However, if the request for such recognition is made on the occasion of exercising the right to recover a pension whose causative event occurred in the preceding financial year, the economic effects may be those of the date of the start of the year, with a maximum of one year's retroactivity since they are requested and provided that the necessary requirements for their receipt are met.

4. If, after recognition of the economic supplements, there is a finding of a contradiction between the declared data and the reality, the applicant shall be obliged to recover the amount unduly received, without prejudice to his or her potential review on the administrative route. The applicant may also be deduced from other possible responsibilities in which it may have incurred in accordance with the legal order.

For the purposes of this review, and in accordance with the provisions of Article 21.2 of the current consolidated text of the State Passive Classes Act, the pensioner shall provide the Administration with the information it may provide to the formally requested, and the payment of the supplement may be suspended in the event of non-compliance with this obligation.

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

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

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

1. In the event that a pensioner of Passive Classes was entitled to receive, in accordance with the rules of this royal decree, an economic supplement and to be a beneficiary in addition to other public pensions, paid under public schemes In addition, it may not be entitled to any other supplement, in accordance with Articles 44 and 45 of the General Budget Law of the State for the year 2015, not to receive the supplement corresponding to the pension Passive classes except in the following cases:

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

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

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

CHAPTER III

Pensions recognised under the European Union regulations on the coordination of social security systems

Article 9. Revaluation of pensions recognised under the European Union regulations on the coordination of social security systems.

1. The revaluation of pensions recognised under the regulations of the European Union, of which a percentage of their theoretical amount is in charge of the Passive Classes Scheme, shall be carried out in accordance with the said rules. an increase which would have been the case of a 100 per cent pension scheme in charge of the scheme.

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

3. If, after having applied the provisions of the preceding number, the sum of the actual amounts of the recognised pensions, both under Spanish and foreign legislation under the regulations of the European Union, is lower than the the minimum corresponding to the pension in question, shall be guaranteed to the beneficiary, while residing in national territory, the necessary difference to the minimum referred to, in accordance with the general rules laid down for his concession.

CHAPTER IV

Other Rules on Passive Classes

Article 10. Payment of pensions to residents abroad.

Pensioners living abroad will prove their experience, in order to continue to receive the pension they have recognised, through the corresponding certification of the consular civil registry.

The original document showing the experience must be presented in the first quarter of the year. After the period indicated, without the document having been received, the pension shall be discharged with effect from 31 March of that year.

In the event that such a document is received after the time limit set, the pension shall be restored, if appropriate, in accordance with the provisions of the additional fifteenth provision of the recast of the Law. State Passive Classes.

Article 11. Drawback of undue perceptions.

The Royal Decree 1134/1997 of 11 July, which regulates the procedure for the reimbursement of undue perceptions and other rules on passive classes, is amended in the following terms:

1. Article 4.2 (d) is reworded as follows in the following terms:

"(d) Communication to the responsible person that he has within one month, counted from the day of the notification of the resolution, to enter the amount due into the Public Treasury on a voluntary basis."

2. Article 5 is worded as follows:

" Article 5. Procedure for collecting the debt in an executive way.

After the period of one month referred to in Article 4.2.d above, without the person responsible for the payment having made the entry into a voluntary period, those amounts shall be collected in the executive period by the Agency. State of Tax Administration, in accordance with the provisions of Article 3.1 of the General Rules of Collection, approved by Royal Decree 939/2005 of 29 July. "

3. New wording is given to points (c) and (d) of Article 9.3 in the following terms

" (c) Provenance of the refund of the amounts unduly paid by means of the monthly discount procedure, indicating in turn the time limits, the amount of the amounts and the payroll from which the amounts will be applied discounts fixed by the competent body.

(d) If in the course of the hearing the person concerned has opted for the repayment of the total debt in a single payment, it shall be in accordance with Article 4.2.d. "

4. Article 9 (5) is deleted.

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

1. For the year 2015, the economic supplements referred to in Chapter II of this royal decree shall apply to orphan's pensions recognised under Title II of Law 37/1984 of 22 October of recognition of rights and services. provided to those during the civil war who were part of the Armed Forces, Public Order Forces, and the Carabinieri Corps of the Republic; as well as those recognized in favor of non-disabled orphans over the age of 21, caused by personnel No official under Law 5/1979 of 18 September on the recognition of pensions, medical-pharmaceutical assistance and social assistance in favour of widows, children and other relatives of the Spaniards who have died as a result of or on the occasion of the last civil war; and 35/1980 of 26 June on pensions to the mutilated ex-combatants of the Republican zone; and those caused by the staff of the Mines of Almadén.

2. Pensions in favour of family members granted under Law 5/1979 of 18 September and Law 35/1980 of 26 June, with the exception of the orphan's pensions referred to in the preceding number, as well as of the Law 6/1982 of 29 March 1982, (a) March, for pensions to the mutilated civil war, and the widower's pensions under Title II of Law 37/1984 of 22 October, whatever their initial date of payment, may not be lower in the year 2015 to the amount laid down, for the (a) to the extent to which it is necessary to carry out the necessary measures to ensure that the social security system is holders over sixty-five years old.

Also, the amount of pensions recognised in favour under Title II of Law No 37/1984 of 22 October may not be lower than the minimum amount of retirement pensions, with a spouse in charge of the elderly. 65 years in the Social Security system.

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

1. The pensions of Passive Classes to which economic supplements would have been applied during the year 2014 shall be adapted ex officio, and on a provisional basis, with effect from 1 January 2015, to the amounts laid down in Article 6 of this Royal a decree, assuming that its holders fulfil the conditions and requirements laid down in that provision, until such time as the corresponding administrative services are satisfied with the concurrency of those conditions and requirements.

2. If the absence of any requirement or condition results from the verification referred to above, the immediate cessation of the supplement shall be carried out, with a refund of the amount unduly received for such a period from, at most, the first of January of the year 2015. Similarly, if such verification results in the need to modify the amount of the supplement, the appropriate modification shall be made, with drawback of the unduly perceived from the date indicated above.

However, and in accordance with the provisions of Article 7.4, the drawback of the undue receipt shall be rolled back to the initial date on which the economic supplement began to be paid in previous years, up to a maximum of four years, if evidence of the fact that the recipient of the person committed any omission or falsehood in the declaration submitted at the time of application for the supplement, without prejudice to the responsibilities that you might have incurred.

Additional provision third. Updating of amounts of certain pensions.

For the calculation of retirement or retirement pensions and the widow's pension of the State Passive Classes Scheme, which are caused during 2015 under the legislation in force at 31 December 1984, the initial amount it shall be corrected by the application of the percentage of 1 and 2 per cent, as appropriate, established for the years 2004, 2006, 2007 and 2008 in paragraph 4 of the fifth and sixth additional provisions, as well as of the provision In addition, it is necessary to provide the Commission with a view to the Commission's decision to take the necessary measures. 51/2007, of December 26, of General State Budgets for the year 2004, 2006, 2007 and 2008, respectively.

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

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

According to the provisions of the 33rd additional provision of the State Budget Law for the year 2015, the monthly amounts of social aid, in favor of the people who were Human Immunodeficiency Virus (HIV) contaminated by Article 2.1 (b), (c) and (d) of Royal Decree-Law 9/1993, of 28 May, shall be determined by the application of the proportions set out in the above mentioned letters. the amount of EUR 610,17.

Single repeal provision. Regulatory repeal.

The additional provision of Royal Decree 647/1989 of 9 June 1989, laying down detailed rules for the development of Law 37/1988 of 28 December 1989 on Budgets for the State Passive Classes, is hereby repealed.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.17 of the Constitution, which attributes exclusive competence to the State in matters of basic legislation and the economic regime of Social Security.

Final disposition second. Enablement for development provisions.

The Minister of Finance and Public Administrations are authorized to dictate the general provisions necessary for the implementation of this royal decree.

Final disposition third. Entry into force and economic effects.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", without prejudice to the effect of the economic effects being rolled back, where appropriate, to 1 January 2015.

Given in Madrid, December 26, 2014.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO