Order TAS/2865/2003 of 13 October 2003 on the special convention in the Social Security System, regulates in Article 20 the special agreement of employers and workers subject to employment regulation files which include workers with 55 or more years of age. This Article, which entered into force on 19 October 2003, develops and applies the provisions of the 33rd additional provision of the General Law on Social Security, on the legal status of that special convention, in which paragraph 2 the obligation of the respective employer to pay, at his sole expense, the shares of that agreement, calculated on the average of the employees ' contribution bases in the last six months of the occupation listed and until the same is 61 years of age. The Order of 13 October 2003 did not provide for the automatic increase in each financial year of those bases of contribution in this form of special agreement in terms of the same terms as those laid down in Article 6 of the Order of 13 October 2003, if In accordance with paragraph 3, it shall be possible to increase the worker's position on the basis of the fact that he is 61 years of age. This regulation has led to dysfunctions in the light of this treatment between the stage in which the worker is less than 61 years old and the one in which he has already completed this age, since this modality of special regulated convention was established. in the 33rd additional provision of the General Law on Social Security, which will enter into force on 1 January 2002. Such a regulatory disparity is intended to be solved by this Order, while other dysfunctions are also subsated in respect of the interest rate applicable in the amounts which are the subject of reversal in respect of the quotas totalling In accordance with Article 20 (3) of the Order of 13 October 2003, Article 20 (4) of the Order of 13 October 2003, in accordance with Article 20 (3) of the Order of 13 October 2003, is deemed necessary for reasons of legal certainty and stability of the the applicable interest rate, which is the statutory interest rate fixed annually, for each financial year, the respective General Budget Law of the State. It is also necessary to complete the regulation of the various specific arrangements for special agreements to impose, in general terms and not only in cases expressly indicated in the text of the Order of 13 October 2000. 2003, the supply of Chapter I in all the procedures laid down in Chapter II thereof, as far as possible by deleting specific references such as those in Article 12 and Article 23 (3). For all of the above, this Ministry, in use of the privileges it has conferred, has had to dispose:

Single item. Amendment of Article 20 and the addition of a new article in Order TAS/2865/2003 of 13 October, regulating the special convention in the Social Security System.

One. Two new paragraphs are added to Article 20 (3), with the following wording:

" Also, the contribution base applicable to this special agreement, for workers under 61 years of age, may be increased for each financial year in accordance with paragraphs 2.2 to 2.5 of Article 6. of this Order, where, on a voluntary basis, is requested by the employer or the worker concerned or both.

To this effect, the interested parties will sign an additional clause to the agreement determining the person responsible for the payment of the resulting increase in quotas, without the need to present a guarantee or other guarantee or to replace third to the person responsible for payment, being applicable to the suspension and termination of that clause as set out in Article 10 of this Order. "

Two. The last subparagraph of Article 20 (4) is amended, which is worded as follows:

" These regularisations shall bear the legal interest of the money in force at the date of the event causing the refund, calculated from the date of the entry of the quantity not consumed for the refund until the proposal for payment but they will not give right to the collection of the cost of the guarantees or the substitutions of the debtor company and for its payment the General Treasury may agree to the withholding of the payment of the refund in the amount strictly necessary for to ensure the recovery of the debt that the holder of the right to return has with the Social Security, in the Article 54 of the General Regulation on the Collection of Social Security, approved by Royal Decree 1415/2004 of 11 June, and without prejudice to the notification of the credit for repayment to the Unit of Collection Executive. '

Three. A new Article 28 is added with the following wording:

" Article 28. Extra application.

The provisions of Chapter I of this Order shall apply to the provisions of Chapter I of this Chapter. "

Four. Paragraphs 3 of Articles 12 and 23 of Order TAS/2865/2003 of 13 October 2003 are hereby deleted.

Transitional disposition.

The provisions of this Order shall apply to the special agreements of employers and workers subject to employment regulation files signed since 1 January 2002, the date of the validity of the additional provision First of the General Law of Social Security, added by Article 7 of Law 35/2002 of July 12, measures for the establishment of a gradual and flexible retirement system.

Final disposition.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 22 November 2004.

Caldera Sanchez-Capitan

Excmo. Mr. Secretary of State for Social Security.