Under the provisions of Article 125 (2) of the Recast Text of the General Law of Social Security, approved by the Royal Decree of Law 1/1994 of 20 June 1991, the Order of 18 July 1991 Ministry of Labor and Social Security regulated the special convention in the Social Security System, containing in Chapter I the general rules of the system and in Chapter II those concerning certain special cases.

However, provisions of different rank have already been or have been issued later than in the light of Article 97.2.l of the General Law of Social Security, by means of the special convention institute, The inclusion in various System Regulations, as assimilated to employed persons, of different collectives for which, by reason of their activity, the Government has determined it by Royal Decree on the proposal of the Minister of Labour and Social.

All this has led to a new regulatory dispersion in the regulation of the different modalities of special conventions, a dispersion that must be overcome by retaking it to a unitary text that includes all the different modalities. existing at present.

On the other hand, it is also necessary to clarify and update the current legal forecasts in part to be overcome by subsequent rules of different range that affect their regulation, considering the new ones. contractual figures in the field of work and the collectives included in the system, so that they are not harmed in their career of foresight, that the special convention is a valid legal institute not only for conservation, but also, when this is established in a standard of sufficient range, for the initiation of situations of high or equivalent to that of high in the Social Security Scheme corresponding to the activity which the worker or assimilated develops or has developed.

In other cases, it is also necessary to comply with legal requirements, as in the special agreement of companies and workers subject to a job regulation file that includes workers aged 55 or over and whose general legal status is set out in the General Law of the General Law on Social Security, which is added by Article 7 of Royal Decree-Law 16/2001 of 27 December, first, and Law 35/2002 of 12 July, then both of measures for the establishment of a gradual and flexible retirement system.

At long last, convenience and service to citizens make it necessary to facilitate the subscription of special agreements both in terms of the time limit for applying for it and the requirements to be required to subscribe to them.

In order to recast, at least formally, in a single normative text at the level of Ministerial Order the various provisions of this regulatory range of the special conventions at present, as well as those of to complete the existing loopholes in the regulation of certain types of special agreements and to allow the subscription of a special convention for certain situations and groups to which it was closed in accordance with the rules in force, fundamentally responds to this Order.

In its virtue, this Ministry, in use of the privileges conferred by it, with the prior approval of the Ministry of Public Administrations, has had to dispose:

CHAPTER I

General Regulation

Section 1. Common Provisions

Article 1. Purpose and general object.

1. The subscription of a special convention with the Social Security in its different types shall determine the initiation or continuation of the situation of discharge or assimilated to that of discharge in the Social Security System corresponding to the activity the worker or assimilated person develops or has developed prior to the signing of the agreement in the terms set out in this Order and other supplementary provisions.

2. The special Convention with Social Security shall have as its object the contribution to the Regime of the same in whose field the convention and the coverage of the situations arising from common contingencies are subscribed by the granting of the benefits to extend the protective action of such a Social Security Scheme for such contingencies, which are also excluded, except in cases where otherwise provided for in Chapter II of this Order, temporary disability, maternity and risk during pregnancy and the corresponding allowances the same. Also excluded from the special convention are the contribution and protection of unemployment, the guarantee fund and vocational training.

Article 2. Subscribers to the special convention.

1. The Special Convention on Social Security shall be signed with the General Treasury of Social Security through the competent bodies to that effect, in accordance with the distribution of powers that it has established.

2. May sign the special agreement with the General Treasury of Social Security:

(a) Workers or persons treated as persons who cause a fall in the social security scheme in which they are registered and are not included at the time of the subscription in the field of application of any other scheme of the Social Security System.

(b) employed persons with an indefinite contract of employment, as well as the self-employed persons included in the Social Security System, provided that each of them continues to be in a high and have been completed 65 or more years of age and have established 35 or more years of effective contribution, and are exempt from the obligation to contribute to the Social Security, in accordance with the terms laid down in Article 112.a and the additional thirtieth provision of the Text Recast of the General Law on Social Security, with the exception of workers who provide their services in the Public Administrations or Public Bodies governed by Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

(c) Workers or assimilated persons in a situation of pluriemployment or of a pluriactivity who cease in any of the activities as an employed person determining the status of a pluriemployment or an activity or self-employed activity; or in the provision or provision of services on behalf of other persons constituting their status as a pluriactivity, in the terms of Article 23.

(d) Workers or persons treated as persons who cease to provide services on behalf of or in their own account and who are employed by the same or other employer with remuneration which gives rise to a base of lower than the average of the trading bases corresponding to the days quoted in the 12 months immediately preceding that cessation.

e) Pensioners of total permanent incapacity for the usual profession who, after the date of the corresponding pension, have carried out work determining their inclusion in the field of application of any of the Regiments that make up the Social Security System and are in the situations provided for in the preceding paragraphs.

(f) Workers who are receiving financial benefits from the contributory level of unemployment and who are either entitled to unemployment benefit or who are entitled to unemployment benefit, as well as those who are unemployed in the perception of the latter.

g) Pensioners of permanent incapacity, in any of their grades, who are declared fully capable or with partial permanent incapacity for the usual profession as a result of a review dossier by improvement or diagnostic error.

(h) Pensioners of permanent incapacity or retirement to whom their pension is cancelled by virtue of a final judgment or is extinguished by any other cause.

(i) Workers or assimilated persons who cause a reduction in the corresponding Social Security Scheme for having applied for a pension of the same and that is subsequently denied them by a firm administrative or judicial decision.

(j) Other self-employed or self-employed or assimilated workers in the special cases covered by Chapter II of this Order.

Article 3. Requirements.

To subscribe to the special convention with Social Security, the following requirements will be required:

1. Request the subscription of the special agreement with the Provincial Directorate of the General Treasury of Social Security or Administration of the same corresponding to the address of the applicant. The request shall be made in the official model or by the technical procedure established for the purpose by the General Directorate of the General Treasury of Social Security.

Such a request may be made at any time, provided that the person concerned is in one of the situations permitting the conclusion of the special agreement as referred to in Article 2 and may be presented in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. To have covered, on the date of application of the special agreement, a period of one thousand eighty days of contribution to the Social Security System in the twelve years immediately preceding the reduction in the Social Security System in question.

2.1 For such purposes, the contributions made to any of the Social Security System (s), including those relating to the fees payable for extraordinary payments, shall be taken into account to be carried out as a result of another special arrangement for the coverage of the same economic benefits, those relating to days which are considered to be an effective contribution period during the first year of leave of absence or minor period, with the applicable legislation, for the care of each child or family member until the second for reasons of age, accident or disease, as well as, where applicable, the days listed during the period of receipt of unemployment benefits or allowances and periods also listed in another of the Member States of the Space European Economic or to which there is an International Convention in this respect, unless the special rule or the International Convention provides otherwise, provided that they do not overlap and are prior to the date of effect of the special convention whose celebration is requested.

However, the days in which the requesting worker is required to comply with the obligation to quote, shall not be counted in the payment of the quotas prior to the date of effect of the agreement.

2.2 In the case of pensioners of permanent incapacity or retirement, who have been cancelled or extinguished for any reason, the right to a pension, that minimum period of contribution must be covered at the time that the obligation to list was extinguished.

2.3 The minimum period for listing in the special agreements referred to in Articles 11 to 22 of this Order shall not be required, nor, in general, where the subscription of a special convention is provided for in the inclusion in the Social Security System.

Article 4. Formalization.

1. The notification by the Treasury of the origin of the special agreement requested must be made within three months of the date on which the application has entered the register of the Provincial Directorate or Competent administration for processing.

According to the Additional Disposition Twentieth of the Recast Text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of June 20, the lack of resolution expresses in the period provided for in the preceding paragraph shall have the effect of estimating the respective application for administrative silence.

2. The special agreement shall be signed by the General Treasury and by the person concerned, in the model approved by the Directorate-General for the Common Service of Social Security, within three months of the date of notification of the the procedure initiated when that period elapses without the person concerned being signed on account of the fact that the person concerned is liable.

Section 2. General Effects

Article 5. Effects of the special convention: Date of such agreement.

1. Persons who subscribe to the special convention with social security in any of its forms shall be deemed to be in a situation of high or equal to that of the High in the Regime or, where appropriate, in the Social Security Regulations in which the subscribed, in respect of the contingencies and under the conditions laid down in this Order from the date of its effects.

2. The dates of initiation of the effects of the special agreement shall be as follows:

2.1 If the application of the special agreement has been filed within 90 calendar days following the date of the cessation of the activity or in the situation determining the absence of the corresponding Security Regime Social with extinction of the obligation to list, the cessation in the activity determining the situation of the pluriemployment or the pluriactivity, the validity of the contract or the determining situation of the lower contribution to which it was being quoted, in the cases referred to in paragraphs (a), (b), (c), (d) and (e) of paragraph 2 of the Article 2, or the date on which the right has been extinguished or the firm, administrative or judicial decision has been notified, refusals of the corresponding benefits, in the cases referred to in paragraphs (f), (g), (h) and (i) of the same Paragraph 2, the special agreement shall have effect from the day following that in which it has had effects on the corresponding arrangements, the cessation of the activity, the validity of the contract of employment or the determining status of the contribution less than the one that was being quoted, the extinction or the denial of the right to benefits respective.

2.2 If the application of the convention has been filed outside the period specified in the preceding paragraph, the same shall have effect from the day of the filing of the application for a special agreement in any of the places. provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2.3 In any event, in the application of the special agreement submitted within 90 days and until the date of its subscription, the subscriber may choose between the dates of effects referred to in paragraph 2.1 above or the on the submission of the application, it being understood that, if such an option is not to be made, the date of effect of the special agreement shall be that resulting from the provisions of paragraph 2.1 above.

Article 6. Obligation to quote: Listing basis.

1. In the situation of a special agreement, the contribution to social security shall be compulsory from the date of the convention's effects and the validity of the agreement shall be maintained.

2. The basis for listing by special agreement shall be monthly. In the cases where it is necessary to take daily bases, the previous base will be divided by thirty in all cases.

2.1 At the time of signing the special agreement, the person concerned may choose any of the following monthly contributions, without prejudice to the nature of the specialty as set out in Chapter II of this Agreement. Order:

(a) The maximum contribution base of the listing group corresponding to the professional category of the person concerned, provided that he has listed for at least twenty-four months, consecutive or not, in the Last five years.

(b) The basis of quotation which is the result of dividing by 12 the sum of the bases for common contingencies for which contributions have been made, in respect of the worker requesting the special agreement, during the 12 consecutive months prior to the month in which the effects of the reduction have been set or the obligation to list is extinguished and is higher than the minimum base referred to in paragraph (c) below.

If a quotation period of less than twelve months is credited, this basis shall be constituted by the result of multiplying by 30 the ratio of dividing the sum of the quotation bases between the number of days quoted.

(c) The minimum basis of contribution in force, on the date of the special agreement, in the Special Regime for Social Security of Workers for Own or Autonomous Account.

(d) A listing basis that is included among the bases determined in accordance with the provisions of paragraphs (a), (b) and (c) above.

However, in the case of Article 2 (2) (b) of this Order, the contribution base shall be constituted solely by the difference between the upper base for which it has had to be listed as not the exemption and the basis referred to in Article 162 (6) respectively and the additional 30th provision of the General Law on Social Security.

2.2 Each time, during the period of validity of the special agreement, the minimum basis for listing in the Special System of Social Security of Workers for the Account of Own or Self-Employed is modified the convention shall be increased by at least the same percentage as the minimum base or, where applicable, the higher percentage which the person concerned has the right to choose, until the amount of the resulting base is at most the base provided for in paragraph 2.1.a) above.

2.3 Persons who subscribe to the special agreement and who have opted for the contribution base referred to in paragraphs 2.1.a), b) and d) above may request that, while maintaining their status as high or equivalent to that of the subscription to the convention, the basis of which is automatically increased by the same percentage as the maximum basis for the contribution of the social security scheme in question.

2.4 In no case shall the resulting contribution base be higher than the current maximum contribution ceiling. In the case of suspension of the special agreement in the terms provided for in Article 10 (1), where the worker or equivalent person, for periods of activity, is subject to inclusion in the same or other social security scheme and In accordance with Article 3 (1) of Regulation (EU) No 577 of the European Parliament and of the Council of the European Parliament and of the Council [3], the Commission shall, in accordance with Article 3 (1) of Regulation (EU) special convention in the quantity necessary for the failure to exceed the indicated ceiling maximum.

2.5 In those schemes in which different professional categories have to be taken into account for the purposes of listing, the minimum or maximum basis, as set out in the preceding paragraphs, shall be read as referring to the the contribution group in which the category held by the worker is understood before the fall, provided that they are higher than the minimum base referred to in the following paragraph.

2.6 In no case shall the amount of the contribution basis per special agreement be lower than the minimum basis referred to in paragraph 2.1.c) of this Article and shall have effect in each case from the date of validity of the the minimum contribution basis for amending the list.

2.7 The options referred to in paragraphs 2.1 and 2.3 above which are exercised after the subscription of the special agreement shall be made before the first of October of each year and shall have effect from the day January 1 of the year following the application date.

The waiver of these options may be made within the same period and shall have effect from 1 January of the year following that of the formulation of the waiver.

Article 7. Rate and determination of the quota.

1. The rate of contribution by special agreement shall be unique and shall be constituted by the one in force at any time in the General System of Social Security.

2. To determine the quota to be entered by special agreement, it will be performed as follows:

(a) The full quota shall be calculated by applying to the levy base corresponding to the single rate of contribution in force in the General Regime.

(b) The result obtained shall be multiplied by the coefficient or reducing coefficients applicable, depending on the protective action provided by the special agreement, and the resulting product shall be the liquid quota at enter.

For these purposes, the coefficients to be applied for the contribution in the situation of special agreement shall be those fixed annually by the Ministry of Labour and Social Affairs.

(c) Where the initial or final effects of the special agreement do not coincide with the first or last day of the month, the monthly fee shall be divided by 30 and the quotient shall be multiplied by the days of the month it has or has had effects of the convention.

Article 8. Subjects responsible for compliance with the obligation to list and deadline.

1. In accordance with Article 9 (1) (m) of the General Regulation on the Collection of Resources of the Social Security System, approved by Royal Decree 1637/1995 of 6 October 1995, the special convention is to be applied in accordance with the provisions of Article 9 of Regulation (EEC) No 1637/1995. the person responsible for fulfilling the obligation to list the Social Security as the commitment in the agreement to pay the amount of the corresponding fee in the terms that the agreement establishes and, if applicable, the one to whom expressly impose such an obligation on this Order or other specific rule.

However, they may act as substitutes for workers or similar persons who subscribe to the special agreement or, where appropriate, employers who are obliged to pay the corresponding contribution by natural or legal persons who voluntarily assume this obligation with the express permission of such workers, employers or assimilated persons. In such cases and for the sole purpose of facilitating the liquidation and fulfilment of the obligation to list under the special agreement, the Provincial Directorate of the General Treasury of Social Security or Administration of the same it shall transfer a copy of that special agreement to the natural or legal person who replaces the employer or the worker or assimilated in the fulfilment of the obligation to enter the respective shares.

The replacement in the person of the debtor made without the express consent of the General Treasury of Social Security shall not release the subscriber of the agreement, without prejudice to the fact that, if the substitute is to make the payment, it is considered carried out by third party with the effects provided for in Article 15 (3) of the General Regulation on the Collection of Social Security System Resources.

2. The statutory time limit for the entry of the corresponding quotas shall be that laid down in Article 66 (3.1) of the Ministerial Order of 26 May 1999 for the development of the General Rules for the Collection of the Resources of the Social Security System.

Article 9. Protective action.

1. In situations of high or equivalent to that of high by special agreement, when the respective causative event occurs, the corresponding benefits deriving from common contingencies shall be granted, if the necessary requirements are met of the temporary disability, maternity and risk allowance during pregnancy, with the exception of the protection of unemployment, the guarantee fund and vocational training, without prejudice to the nature of the set out in Chapter II of this Order.

2. The benefits referred to in the preceding paragraph shall be recognised in accordance with the rules governing the social security scheme or schemes in which the subscriber of the special agreement is included.

Article 10. Suspension and termination of the special agreement.

1. The special convention with the social security covered by this Order shall be suspended, in respect of the obligation to list and the corresponding protection, during the periods of activity of the worker or assimilated who have subscribed to it. where the same applies, whether on a continuous basis or in a discontinuous manner, to determine their status in the field of application of any of the Social Security Regulations, provided that the basis for the contribution is lower than the contribution base applied in the special convention, unless the subscriber of the special convention manifests expressly their willingness to have the convention extinguished or to remain in force, in which case it will be in accordance with the provisions of Article 23 of this Order.

For such purposes, the performance of the activities that give rise to such suspension shall be communicated, by the subscriber of the agreement or by its representative, to the respective Provincial Directorate of the General Treasury of the Social security or administration of the same corresponding, within the ten calendar days following the aforementioned resumption of activities, producing effects the suspension of the special convention from the day before the one of the incorporation to the work. If it is notified after that period, the suspension shall only take effect from the date of communication.

The determining cause of the suspension of the special agreement may be resumed, the effectiveness of the agreement which was signed from the day following the one in which the cause of the suspension ended, if the person concerned ended, may be resumed. In this case, the competent authority of the State of the State shall be responsible for the provision of services to the competent authorities of the Member State of the State in which it is responsible. If it is communicated after that period, the resumption of the effectiveness of the agreement shall take place from the date of the submission of the communication unless it has previously made contributions to the convention, in which case the resumption of the contract shall be resumed. shall be produced from the date of the first payment, in a regulatory period, after the date on which the termination of the suspension has occurred.

2. The special convention shall be extinguished by any of the following:

(a) To be the interested person understood, by the performance of activity, in the field of application of the same Social Security Regime in which the agreement or other Regime of which the System of the Social security, provided that the worker or equivalent person who is a worker provides his services or exercises his new activity on a full-time or part-time basis, for an indefinite period or for a fixed period, on a continuous or discontinuous basis, and the new basis of contribution corresponding to or greater than the basis of the listing of the convention special.

However, the extinction of the special convention shall not occur for this reason unless the person concerned expressly states the contrary in the cases of pluriemployment or pluriactivity in the terms laid down in Chapter II. of this Order.

b) To acquire the person concerned the status of pensioner by retirement or permanent incapacity in any of the Social Security System's.

(c) For lack of payment of the quotas corresponding to three consecutive monthly payments or five alternatives, except for justified due cause of force majeure. In such cases, the person concerned may not enter into a new special agreement until the current is found in the payment of the quotas due under the previous agreement, in which case the new agreement will only take effect from the date of the new request.

d) By death of the data subject.

e) By decision of the person concerned, communicated in writing or by technical means to the Provincial Directorate of the General Treasury of the Social Security or corresponding Administration thereof. In this case, the extinction of the special agreement shall take place from the first day of the month following the date of the communication.

The special agreement for the posting of the subscriber abroad shall not be extinguished even if this movement exceeds the 90-day period or, where appropriate, the extension that may be granted, whether the worker or the equivalent is left included as if it is excluded from the Social Security application field in the country to which the subscriber of the convention is moved.

CHAPTER II

Special Convention Modes

Section 1. Special Conventions with certain organs or bodies in favor of their members

Article 11. Special conventions applicable to Members of the European Parliament and to the Members of the European Parliament.

1. The General Courts and the General Treasury of Social Security may conclude a special agreement or revise those already signed with them in respect of these Members and Senators under the provisions of the Orders of 29 July 1982 and of 1 June 1988, all in accordance with the criteria laid down in this Article.

2. The General Courts may enter into a special agreement in respect of those Senators and Deputies who so wish for the purposes of their inclusion in the General Social Security Regime, even if they have previously been in the State of one of the Social Security System's regimes.

3. The subscription of this special agreement shall determine for the beneficiaries the consideration of a situation treated as high in the General System of Social Security from the date of the establishment of the legislature for which they were or, where appropriate, from the subsequent date of acquisition of the status of Senator or Deputy of the General Courts or from the date of the request by the Members of the European Parliament, provided that he had previously perfected his condition in accordance with the provisions of Article 224 of the Organic Law 5/1985 of 19 June, and, in one or the other Case, until the date of termination of the special agreement, as provided for in paragraph 6 of this Article.

4. The protective action for the beneficiaries of this special agreement shall cover the whole of the protective action of the General Social Security Scheme, including those relating to professional contingencies, but shall be excluded from the protection and corresponding contribution for unemployment, the salary guarantee fund and vocational training.

5. The special convention shall determine the obligation to list the members of the General Courts and the European Parliament included in it up to the date of the establishment of the next legislature or up to the date of its termination. mandate, for which for any cause they lose the status of Senator or Deputy during the legislature for which they were elected.

With regard to the deputies and senators of the General Cortes and the Members of the European Parliament who have received the agreement, there will be no obligation to list the concepts of joint collection with the security quotas. Social.

5.1 The monthly basis for the contribution of the deputies and senators to the special agreement will be the allocation that each deputy or senator will receive for their status as a member of parliament up to the current maximum base of the Group 1 of the professional categories of the General Regime established for each financial year in the respective General Budget Law of the State.

In cases of multi-activity, the listing rules for each Social Security Regime shall apply in which the Senator or Deputy is included and in high or in a situation assimilated to that of the High.

5.2 The rate of contribution for common contingencies shall be that in force at any time in the General Regime.

For the contingencies of occupational accidents and occupational diseases, the heading 113 of the premium rate approved by Royal Decree 2930/1979 of 29 December, for which the premium rate is revised, will be applied. the contribution to social security for accidents at work and occupational diseases, without prejudice to the provisions of the General State Budget Law for each financial year.

5.3 The settlement and entry of the contributions shall be carried out by the General Courts in accordance with the provisions of the regulations applicable to the General System of Social Security.

6. The special convention referred to in this Article shall be extinguished when the Senator or Deputy has ceased his term of office for any reason. However, in the event of the dissolution of the General Courts or the European Parliament, the situation of assimilation to the high by special agreement shall be extended until the date of the formation of the following legislature, at which time the a convention on Members and Senators who would not have been elected to the new legislature.

Article 12. Special conventions for members of the parliaments and governments of the Autonomous Communities.

1. The special agreement with the General Treasury of Social Security and the Parliaments of the Autonomous Communities in favour of its members will be governed by the provisions of Royal Decree 705/1999 of 30 April 1999 amending the on the signing of the special convention with the Social Security Administration by the parliaments of the Autonomous Communities in favour of its members.

2. The special convention with the General Treasury of Social Security and the Governments of the Autonomous Communities in favour of its members shall be governed by the provisions of the Order of 7 December 1981 governing the subscription of the special with the Social Security Management Entities by the governments and parliaments of the Autonomous Communities, in favour of its members, in the part of the same not repealed by the aforementioned Royal Decree 705/1999, of April 30.

3. The special conventions referred to in the preceding paragraphs shall be governed by the rules contained in the preceding article and in the absence thereof by those of Chapter I of this Order.

Section 2. Special Conventions for which they provide services in the European Union Administration and in International Organizations

Article 13. Special Convention for those included in the field of application of the Spanish Social Security System which will be able to provide services in the European Union Administration.

Those falling within the scope of the Spanish Social Security System which are transferred to the administration of the European Union and which, for exercising the right of choice granted to them in Article 11 (2), of Annex VIII to the Staff Regulations of Officials of the European Union, which causes a reduction in the Spanish Social Security System, as set out in the Additional Disposition Fifth of the Recast Text of the General Law of Social Security, developed by Royal Decree 2072/1999 of 30 December 1999 on reciprocal transfers of rights between the social security system of the staff of the European Communities and the public social welfare systems of Spain, may continue to be treated as high in the Spanish Social Security System if they continue to receive benefits the special agreement with the same one that they have previously subscribed to or will subsequently subscribe to within the period, conditions and effects set out in Chapter I of this Order. In any event, they shall be excluded from the obligation to make contributions to the special agreement on retirement and death and survival contingencies and, consequently, to the protective action covered by the special convention in respect of such contingencies. contingencies.

Article 14. Special Convention for Spaniards who have the status of officials or employees of international intergovernmental organizations.

The subscription to the special convention referred to in the Royal Decrees 2805/1979 of 7 December 1979, 1975/1982 of 24 July 1985, 317/1985 of 6 February and 1658/1998 of 24 July; will be governed by the provisions of Chapter I of This Order, with the following particularities:

1. Persons who meet the following requirements may subscribe to this special arrangement:

a) To be Spanish who holds the status of an employee or official of intergovernmental international organizations with headquarters, office or delegation in Spain.

The status of an official or employee of such organizations shall be accredited by certification issued by the relevant Agency, endorsed by the Ministry of Foreign Affairs.

(b) Not to reside on national territory, except in the case of Spaniards residing in Spain who provide services in the Central Sedes of the International Olive Council, in the Ibero-American Education Office, in the Agency European Space, at the World Tourism Organization, in the Delegation to Spain of the United Nations High Commissioner for Refugees, at the European Satellite Centre of the Western European Union or at the Joint Headquarters Southwest Sub-Regional of the North Atlantic Treaty Organization based in Spain or another body international to be determined.

c) Not to have the status of an official of the Spanish Public Administrations that give rise to the inclusion in some Regime of those that integrate the Spanish Social Security System.

2. The subscription of this special arrangement determines the affiliation to the Social Security System and the situation of the same as that of the High in the General System of Social Security, with limitation of the contribution and the protection by the Retirement, permanent incapacity and death and survival due to a common illness and non-work accident, as well as Social Services which, if any, have Social Security established.

However, Spaniards resident on national territory who can subscribe to this special arrangement, who provide their services in the International Intergovernmental Organizations with headquarters, offices of representation or delegation in Spain and do not have the right to health care, on a compulsory basis, in any System of the Social Security System, may request the inclusion of health care by common contingencies within the scope of protection of this special convention, or the conclusion of an agreement limited to the provision of health care only, with the corresponding contribution, both for the person concerned and for his or her family members, under the conditions and with the extent laid down in the General Scheme for Contingencies common.

2.1 The monthly contribution basis will be the one chosen by the person concerned between those set out in Article 6 (2.1) of this Order, with the particularity that the chosen base will not be able to undergo further modifications until three years from the date of the election. In accordance with that period, they may choose another basis from those laid down in that Article 6, before 1 October of each year, in order to take effect on 1 January.

2.2 The rate of contribution applicable shall be that in force at any time in the General Social Security Scheme, with application, to the resulting full quota, of the reduction coefficient to be fixed by the Ministry of Labour and Social Affairs. Social in each exercise.

Section 3. Special Conventions for emigrants and children of these and pensioners of a foreign social security system resident in Spain

Article 15. Special Convention for Spanish emigrants and children of Spanish emigrants working abroad.

1. In accordance with the provisions of Royal Decree 996/1986 of 25 April 1986 governing the subscription of a special convention for emigrants and children of emigrants, they may apply for and subscribe to this special arrangement, with the the scope of Article 2 of that Royal Decree:

1.1 Spanish emigrants and the children of Spanish nationals who have Spanish nationality, regardless of whether or not they have previously been affiliated with the Spanish Social Security, and regardless of the country in which they are work and that the country has or does not have an agreement or agreement with Spain on social security.

1.2 Spanish emigrants and the children of Spanish nationals who hold Spanish nationality and who are the country in which they work, at the time of their return to Spanish territory, provided that they are not necessarily included in the some public social protection scheme in Spain.

2. The request to subscribe to this special arrangement may be made within the time limit and in the places laid down in Article 3 (1) of this Order for the purposes of processing, as regards the emigrants and children of the reside in the country of immigration, in the Provincial Directorate of the General Treasury of Social Security in Madrid and, as regards the emigrants and children of these returnees to Spanish territory, in the Provincial Directorate of the Treasury General of Social Security or Administration of the same corresponding to the address where the same have fixed your residence.

2.1 The proof of residence and work abroad of the emigrant may be credited by any of the means admitted in law and, in particular, by means of photocopy certified by the Ministry of Labor and Spanish Social or Spanish Consulate of the country of immigration of the permit to work or stay, extended by the corresponding authorities of that country.

2.2 The return to Spanish territory shall be credited by certificate issued to the effect by the Delegation or Subdelegation of the Government of the province of residence of the person concerned.

3. The subscription of this special arrangement determines the situation treated as high in the General Regime in respect of retirement contingencies, as well as permanent incapacity or death and survival due to any contingency and shall take effect in any event from the first day of the month following the date of the filing of the application at any of the places provided for in Article 38.4 of Law 30/1992 of 26 November.

4. The monthly basis for listing in this special arrangement shall in all cases be the minimum basis for listing which, at any given time, is established in the General Social Security Scheme, applying to the same type and rules. for the determination of the quota set out in Article 7 of this Order.

5. The statutory time limit for the entry of the corresponding quotas shall be that laid down in Article 8 (2) of this Order, except in the case of a special agreement signed by emigrants residing abroad, in which case the shall be entered for quarters due within the month following each calendar quarter.

6. This special arrangement shall be terminated for the reasons set out in Article 10 (2) of this Order, but the cause referred to in paragraph (c) of this Convention shall be referred to, for the subscribers of the same as not reside in Spain, due to the lack of a statutory payment of the quotas for two consecutive quarters.

Article 16. Special Convention for the Coverage of Health Care for Migrant Workers and Pensioners of a Foreign Social Welfare System returning to their national territory and their families.

1. The purpose of this special arrangement is to grant health care benefits, within the Spanish territory and in the extension established for the same, by the common non-work accident contingencies, common sickness, maternity and risk during pregnancy in the General Social Security Scheme.

Health care benefits shall be extended to treatments that are accurate as a result of an accident at work or occupational disease occurring abroad to the returning or displaced emigrant. the convention holder.

2. This special convention mode can be ordered and subscribed for the following people:

2.1 Spaniards who are pensioners of a foreign social security system when, when moving their residence to Spain, they do not have the right to health care on their behalf and in charge of the foreign country.

May also request or subscribe to this special agreement the relatives of the Spanish pensioners of other Social Security who are included as beneficiaries in the special health care agreement of the deceased at the time of the death of this.

In addition, they will be able to request and subscribe to this form of special agreement, in general, the Spanish workers returned to Spain who, after having developed their work activities abroad, do not have the right by title to health care benefits in accordance with the provisions of the Spanish Social Security legislation, those of the State of origin or of the conventions established for that purpose.

The family of Spanish emigrants may also be subscribed to them, who at the time of their death are in charge of them and do not have the right to the health care provided by the latter. convention mode.

The applicant must accompany the application with the documents that demonstrate the following facts:

a) That holds Spanish nationality.

(b) which is the holder of a pension insurance or, where applicable, of income or of a lump sum substitute for the former exclusively under Social Security or Social Security legislation other than that of the

c) The date of fixing your habitual residence in Spain.

(d) The existence, where appropriate, of family members in charge who, in accordance with the rules of the General Social Security Scheme, may be beneficiaries of health care benefits.

(e) Where the purpose of this special arrangement is also to include the provision of health care services to precise treatments as a result of occupational contingencies occurring in the The person concerned shall prove that the pension, income or lump sum of which the deceased is or has been a beneficiary has or has had its cause in any such contingency.

2.2 The Spanish emigrants and their families who are beneficiaries of benefits arising from pension or income insurance in the country where they are entitled to benefit from this special arrangement may also be required to subscribe to this special arrangement. develop their activity, during their temporary stays in Spain, and to establish the other facts set out in paragraph 2.1 of this Article.

When the family members who request and intend to sign the agreement are several, the request must be made and the agreement must be jointly signed by each and every one of them, responding in solidarity with the obligations arising from it. In the case of minors or disabled persons, the application and the subscription shall be made by the person representing them, and only family members who subscribe to the application may be beneficiaries of the benefits of the Convention. themselves or through the person representing them.

3. The request for this special arrangement may be made by the person concerned at any time after the date of return or temporary posting to the Spanish territory or the transfer of his residence to Spain.

Applications from family members who may subscribe to this special agreement may be made from the day following the date of death of the deceased, if it occurs on Spanish territory, or from the date of return. to Spain of their relatives, if the death of the emigrant takes place outside the Spanish territory.

4. The special convention referred to in this Article shall have effect from the day on which the application is submitted.

5. The subscriber of the special agreement shall pay the monthly fee fixed annually by the Minister for Labour and Social Affairs and shall be paid within the period referred to in Article 66 (3.1) of the Order of 26 May 1999, with the In the special agreement signed by Spanish emigrants pensioners or recipients of income and their families temporarily moving to Spain, the General Treasury of Social Security, at the time of the subscription of the convention, will issue the listing documents for the entire period of stay in Spain and the subject to the obligation to make such contributions at the same time and prior to the delivery of the document for which the right to health care is recognised, even if the effects of the coverage of that benefit are from the date of the convention request.

However, the General Treasury of Social Security may authorise, upon application by the person concerned, the monthly instalments of the quotas in cases of temporary stays of more than three months. In such a case, once the payment of three complete monthly payments has been made at least, the payment of the remainder of the fees shall be made within the same month as the settlement corresponds to by means of the quotation note referred to above.

Article 17. Special health care agreement for Spanish workers engaged in an activity on their own account abroad.

The special health care agreement between the General Treasury of Social Security and Spanish emigrants abroad who may have the consideration of self-employed persons for the purposes of their inclusion in the Special Regulations of Workers of the Own or Autonomous Communities, Agrarian and the Workers of the Sea of the Spanish System of Social Security, provided that their activity is carried out in a foreign country with which Spain has no ratified convention Social Security International or that, having it, the same does not regulate or not guarantee the provision of health care to those employed on their own account abroad, in the cases of their stay and their relatives in the territory of Spain or of residence of the latter in that territory, will be governed by Royal Decree 1564/1998 of 17 July, which regulates this special convention and, as far as it is not foreseen, by the rules of Chapter I of this Order.

Section 4. Other special conventions for certain workers

Article 18. Special Convention during the Special High Situation as a result of legal strike or lockout.

1. Workers who are in the situation of high special, provided for in Royal Decree-Law No 17/1977 of 4 March, and regulated by the Order of the Ministry of Labour of 30 April 1977, may subscribe with the General Treasury of the Social security special convention the purpose of which shall be to supplement the bases of contribution corresponding to the contingencies of permanent incapacity and death and survival, arising from common sickness and non-work accident, retirement and social services during the statutory strike period or statutory lockout.

2. This special arrangement is governed by the provisions of Chapter I of this Order with the following particularities:

2.1 The listing basis will be as follows:

2.1.1 In cases of total legal strike or statutory lockout, the daily basis of quotation shall be the average of the trading bases for which the worker had been listed during the month preceding the date of start of the total strike or the lockout.

2.1.2 In the case of partial legal strike action, the daily basis of contribution shall be the difference between the contribution basis calculated in accordance with paragraph 2.1.1 above and the basis on which the worker is on a daily basis during the situation of partial legal strike.

2.2 The effect of the subscription of this special agreement shall be that of a special special, in respect of the whole of the protective action of the scheme in question, in accordance with the provisions of Article 2 of the said Order of 30 of April 1977.

Article 19. Special Convention during situations of non-remuneration, compliance with public duties, permits and licenses.

1. Workers who are in a situation of discharge without remuneration, discharge of duties of a public nature, permits and licences which do not give rise to leave of absence at work may subscribe to this special arrangement, in accordance with Article 69 of the General Regulation on the Quotation and Settlement of Other Rights of the Social Security, approved by Royal Decree 2064/1995 of 22 December 1995, the obligation to list, if the basis of Quotation of the calendar month preceding the date of initiation of such situations is higher than the base minimum corresponding to the group of the professional category of the worker.

2. The basis for listing in this mode of agreement shall be the difference between the contribution base of the person concerned in the month preceding the date of the start of these situations and the minimum basis for the group of the category worker's professional.

3. The subscription to this special agreement shall determine the status of the discharge in respect of the whole of the protective action of the scheme in which the worker or the person who is treated is included.

Article 20. Special agreement of employers and workers subject to employment regulation files which include workers with 55 or more years.

The special agreement concluded with regard to employment regulation files with undertakings which do not incur insolvency proceedings involving workers with 55 or more years of age who do not have the status of mutualists 1 January 1967, as referred to in Article 51 (15) of the recast of the Law on the Staff Regulations, shall be governed by the provisions laid down in the additional thirtieth provision of the recast of the General Law of the Social security, as well as the provisions contained in Chapter I of this Order, with the The following features:

1. The application for this special arrangement shall be made during the processing of the employment regulation file.

The special agreement will be signed by the employer and the worker, on the one hand, and the General Treasury of Social Security, on the other hand.

2. The quotas corresponding to these special agreements, determined in accordance with paragraph 2 of the said additional thirtieth provision, shall be the subject of total Social Security Treasury. of each worker until he is 61 years of age and by all contingencies included in the protective action of the special agreement.

The contributions referred to in the preceding paragraph shall be the sole responsibility of the employer, who may, in respect of all the employees, make a single payment of the contributions, in which case he shall make a statement in writing to the General Treasury of Social Security and make its entry into it within the month following that of the notification by that Common Service of the amount to enter, or to request from the General Treasury of Social Security the fraying your payment in as many annuities as years are missing the worker or workers for to be 61 years of age, with a maximum of six years. In this case, the income of the first annuity must be made within thirty calendar days from the notification of the amount to be entered, presenting in the same period, to respond to the outstanding contributions, well guarantee (a) sufficient solidarity in the judgment of the General Treasury of Social Security or by replacing, with the consent of that Joint Service, the employer's responsibility for that of a financial institution or an insurance undertaking.

2.1 The endorsement shall be submitted during the processing of the employment regulation file and shall be valid from the date on which the cessation of the work occurs or, where appropriate, the termination of the obligation to list termination of the contributory unemployment benefit and up to at least one year after the maturity of the annuity or annuities it guarantees.

This endorsement shall be in accordance with the model accompanying Annex 1 and may be presented by:

(a) A financial institution registered in the Official Register of Banks or Bankers or Credit Union registered in the Special Register of the Banco de España. In order for these endorsements to be accepted, it will be necessary:

a ') That the signatures of the granting of the endorsement are legitimized or the document intervened by the collegiate Notary.

b ') The endorsement of the registration number of the same in the Special Register of Avales.

c ') To be accompanied, previously collated with the original, of the powers of the persons who signed the endorsement.

b) An insurance company duly authorized by the Ministry of Finance to operate in this class of caution. In order for these endorsements to be accepted, it will be necessary:

a ') That the signatures of the licensors are legitimized or the document is intervened by Notary.

b ') The registration number is recorded in the Special Register of the Avales and the policy number to which it corresponds.

c ') To be accompanied by a copy of the general and particular conditions of the policy subscribed by the guarantor with the guarantor company.

c) A Reciprocal Guarantee Society. If the guarantee is provided by this type of company, the requirements laid down in Law 1/1994 of 11 March, and supplementary rules, on the Legal Regime of the Reciprocal Guarantee Societies, shall be complied with. issued by the Secretary of the Board of Directors, with the approval of its President, in which the amount guaranteed is credited and that the company meets all the requirements required by Law 1/1994, of March 11, certification of signatures by Notary.

2.2 The financial or insurance institution which may replace the employer in the performance of the obligations of the employer must be a financial institution registered in the Official Register of Banks or Bankers or a Credit Union Credit entered in the Special Register of the Banco de España or an insurance institution duly authorized by the Ministry of Finance to operate in the relevant branch.

2.3 The time limit for the entry of the split annuities other than the first shall be that of the 30 calendar days immediately preceding the initiation of the annuity concerned.

In any case, these payments shall be the subject of direct debit in any of the financial institutions entitled to act as tax offices in the terms laid down in the General Rules of Collection of The Resources of the Social Security System and its implementing rules.

3. The levy base applied in respect of each worker in this special arrangement may be increased for each financial year from the age of 61, in accordance with the terms laid down in Article 6 (2) (2) to (2.5). this Order.

4. In the cases where the employer is reimbursed for contributions paid by him in accordance with the additional 30th text of the recast of the General Law on Social Security, the General Treasury of Social security shall be subject to the regularisation of the entry fees corresponding to the period after the date of the death of the worker, to the date of the permanent incapacity or, where appropriate, to the same as the carried out by carrying out activities on the basis of which contributions are made to some Scheme of the Social Security System and up to the amounts corresponding to the latter, by returning to the employer those paid which correspond to the periods after such events, without prejudice, where appropriate, to the provisions of Article 10 of this Order.

These regularisations shall bear the interest of the European Central Bank in force on the date on which the refund is incurred, calculated from the date of entry of the quantity not consumed for repayment until the proposal for payment but shall not entitle to the collection of the cost of the endorsements or the replacements of the debtor company and for its payment the General Treasury may apply the procedure of deduction in the terms provided for in Articles 48 and 49 of the the Order of 26 May 1999 for the development of the General Rules for the Collection of Resources of the Social Security System.

Article 21. Special agreements for workers to reduce the day for child care, disability or family care.

The employed or assimilated workers who, in accordance with paragraphs 5 and 4.a of Article 37 of the recast of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, or to the specific legislation governing the provision of services and in the case of direct care of a child under six years of age, of a disabled physical, mental or sensory, or of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or disease cannot be used by itself, or in cases of child birth premature or that for any reason they should remain hospitalized after delivery, reduce their working day, with the proportional decrease of the salary, they will be able to subscribe the modality of special convention that is regulated in this article, in order to maintain the bases of quotation on the amounts for which they were trading before the reduction of the day, with the following particularities:

(a) The monthly contribution basis shall be made up of the difference between the bases corresponding to the reduction of the day and the basis of any of the bases chosen by the person concerned from those referred to in paragraph 2.1 of the Article 6 of this Order, but referred to in paragraphs (a) and (b), respectively, at 24 or 12 months prior to the start of the reduced working time or, where appropriate, to the date of the expiry of the obligation to quote.

(b) The contribution to be made in this special arrangement shall be that corresponding to the situations and contingencies of retirement, permanent incapacity and death and survival, arising from common illness or accident. in the Social Security Regime in which the agreement is signed.

(c) Workers who subscribe to the special agreement shall be considered to be in a high position for the purpose of the whole protective action of the corresponding Social Security Scheme.

Article 22. Special Convention on part-time contract workers.

1. Parttime workers who are not receiving unemployment benefits may enter into a special agreement to supplement the contribution from the part-time contract up to the minimum contribution base established by the general character for the professional category or up to the base referred to in point (b) of Article 6 (2) of this Order if it is higher.

2. The monthly contribution basis shall be made up of the difference between the contribution basis for the part-time contract and, at the option of the person concerned, the basis referred to in Article 6 (2.1) (b) and (c).

The basis fixed in the agreement will be maintained until the end of the year in which the agreement is signed when the basis of contribution for the part-time contract will be modified during the same period, unless the will expresses otherwise of the data subject.

3. The contribution to be made in the form of a special convention governed by this Article shall be that of retirement, permanent incapacity and death and survival, arising from a common illness or non-work accident, in the Social security scheme in which the agreement is signed.

4. Workers who subscribe to this special arrangement shall be considered to be in a high position for the purpose of the whole of the protective action of the relevant Social Security Scheme.

Article 23. Special Convention for Workers to cease in the provision of services or activities.

1. Where the worker or equivalent person provides his/her services to two or more employers in a multi-employment situation, either on a full-time employment basis or on a part-time basis, he or she receives the unemployment benefit or allowance, and he/she becomes extinct or all their employment contracts or when they provide their services in a multi-activity situation and cease any or all of the activities that have resulted in their compulsory inclusion in two or more Social Security System (s), whether in the form of simultaneous or successive, the latter may enter into a special convention in order to maintain the same or the same basis (a) the price for which it was listed in a multi-employment or multi-activity situation, with the following particularities:

1.1 For the subscription of this special arrangement, it will be necessary to establish a specific period of prior contribution of at least 1,080 days in the respective multi-employment or multi-activity situation.

1.2 In this special arrangement, the monthly contribution basis shall be made up of the same basis or bases of contribution as the worker or the equivalent in the calendar month preceding the cessation of all undertakings or activities, or only by the difference resulting from the new distribution of the bases if the new base is lower than the one before the subscription of the agreement, in cases of cessation of the provision of services to some or some of the (a) companies or in some or some of the activities which continue to give rise to the situation of pluriemployment or multi-activity.

1.3 The subscribers of this special arrangement will be considered to be in a situation of high for the purpose of the whole of the protective action in the Regime or in the Regimes of the System of Social Security in which it is subscribe to the special convention.

2. The worker or equivalent referred to in Article 2 (d) of this Order may enter into a special agreement with the particularity that the contribution base may not exceed the difference between the contribution base on the basis of his new activity and the average of the bases listed during the 12 months preceding the cessation.

It will also be applicable to this special convention modality as provided for in paragraphs 1.1 and 1.3 of this article.

3. As not provided for in the preceding paragraphs, the rules of Chapter I of this Order shall apply.

Article 24. Special agreement for workers receiving unemployment benefit, entitled to a contribution for the retirement pension.

1. Workers who receive unemployment benefit, entitled to a pension for retirement, over 52 years of age, may enter into a special agreement in accordance with the provisions of Chapter I of this Order, with the following: Details as set out in the following sections:

1.1 To determine the quote to the special convention, the following rules apply:

1. For contingencies of permanent incapacity and death and survival, arising from common illness and non-work accident, the fee to be entered will be the result of applying to the full quota, calculated according to the base and the rate referred to in Article 6 (2) and (1), the reduction coefficient corresponding to the contingencies referred to by the Ministry of Labour and Social Affairs.

2. For the retirement contingency, the basis of the contribution to the special agreement shall be the difference between the contribution base chosen by the person concerned as provided for in the previous rule and the one for which the The National Employment Institute is to be held at every moment. The resulting full quota shall be applied to the reduction coefficient corresponding to the retirement contingency fixed for that purpose by the Ministry of Labour and Social Affairs.

3. The sum of the quotas resulting from the two preceding rules shall constitute the total amount of the quota to be entered in this special convention mode.

1.2 The special agreement shall have effect on the date on which the right to unemployment benefit is born, unless the person concerned opts for the effects of the agreement to be initiated on the date of filing of the application.

1.3 If a worker who had subscribed to the special convention governed by Chapter I was subsequently entitled to unemployment benefit, with a contribution to the retirement contingency, he may apply for the subscription of the special convention regulated in this article.

1.4 In case of suspension of the unemployment situation, due to some of the causes provided for in its regulatory regulations, the situation of special agreement will also be suspended. Interested parties may apply for the subscription of the special convention governed by Chapter I which shall take effect from the day following that of the suspension but, if requested outside the following 90 calendar days, the convention shall take place. effects from the date of submission of the application.

Termination of the receipt of the unemployment benefit, the person concerned may resume the effectiveness of the agreement in the terms provided for in Article 10.1 of this Order.

1.5 Persons who, having subscribed to the special arrangement provided for in this Article, will be able to apply for the subscription to the unemployment benefit with a contribution to the unemployment benefit. of the special convention provided for in Chapter I at any time. If requested within 90 calendar days from the date on which the said extinction has had an effect or from the date on which the administrative decision or judgment has become final, the special convention shall have effect from the day on which the unemployment benefit has been extinguished, unless the person concerned chooses because the special agreement has an effect on the date of filing of the application or the date of effect also applicable when the application is lodged. be formulated outside the indicated period of the 90 calendar days.

2. The provisions of paragraph 1 above apply to discontinuous fixed workers who are recipients of the unemployment allowance entitled to social security contributions for the retirement contingency for 60 days, according to Article 218 (3) of the recast of the General Law on Social Security.

Section 5. Special Conventions of workers included in the Special Regime of Coal Mining, for the Season Workers and in the Special Systems regulated by the Order of 25 January 1996 and in the Regime Special Workers ' Self

Employed

Article 25. Special Convention for workers included in the Special Regime of Coal Mining.

The special agreement, signed by those included in the Special Regime of Coal Mining, will be governed by the provisions of Chapter I of this Order, with the particularities in the quotation that are determined in the following:

1. In the case of professional categories or specialties which have a standardised basis of quotation at the time of subscription of the special agreement, the listing shall be subject to the following rules:

1. The initial contribution base corresponding to the special agreement shall be the standard basis in force at the time of the subscription of the contract for the professional category or specialty to which the worker belonged. The successive listing bases shall be equivalent to the standard bases which, in each financial year, are fixed for the respective professional category or craft.

2. If the standard basis of the professional category or craft concerned has, in the relevant economic year, a lower amount than the special agreement, it shall remain unchanged until the date of the standard base to be fixed at a level equal to or greater than that of the special convention.

3. In the event that the professional category or specialty to which the worker entered into the special agreement disappears, the contribution base may be updated in the terms of the in Article 6 (2.7), but this basis may be increased by a maximum of the percentage of the variation of the minimum basis of contribution by special agreement.

As from the time the normalized listing basis for the relevant professional category or specialty is reestablished, the basis for listing in the special agreement will be the basis for the creation of the new category normalized, without prejudice to rule

.

2. In the case of newly created professional categories or specialties, which have no standard base at the time of subscription to the special agreement, the basis for listing at that time shall be that of the application of the Article 6 (2) (b) of this Order but that initial base so determined shall subsequently be replaced by the standard basis which, for the professional category or craft, is fixed by the Minister for Labour and Social.

Article 26. Special agreements for seasonal workers in periods of inactivity and for those included in the Special Systems of Fruit and Horticultural and Preserved Vegetables of the General System of Social Security.

1. A special agreement may be concluded with the social security scheme for employed persons included in one of the system's schemes for the exercise of seasonal work carried out in an activity which has such a character, by the period between two consecutive seasons, when they have worked, with the entry of the corresponding quotas, as such seasonal workers, at least for three years within the seven years immediately preceding the date of the cessation of the seasonal work.

2. In addition, seasonal workers who provide services in undertakings engaged in the handling, packaging and marketing of fruit and vegetables and the manufacture of fruit and vegetables may also enter into a special agreement with the social security system. preserved plants, included in the Special Systems of Fruit and Horticultural and Preserved Vegetables of the General System of Social Security, which cause a reduction in the system and do not fall within any System of the Security System Social that you have established with that reciprocal calculation of quotas.

2.1 To subscribe to this special convention mode, compliance with the following requirements will be required:

2.1.1 Requesting it before the Provincial Directorate of the General Treasury of Social Security or Administration thereof, within the calendar month following the one in which the cessation of the work of (a) the period in question, the exhaustion of the economic benefit of the contributory level for unemployment or the period of 60 days of unemployment benefit of discontinuous fixed workers entitled to a contribution to security Social for retirement contingency.

2.1.2 Credit contributions as seasonal workers, at least for three full years during the seven years preceding the date of the cessation of work or the exhaustion of unemployment benefits to which it refers the previous paragraph.

2.2 The date of effect of this special arrangement shall be the date of the calendar day following that in which the effect of the reduction in the General Social Security Regime or the termination of the entitlement to benefits has been for unemployment.

2.3 The contribution of the special agreement shall be compulsory from the date of the special agreement and shall remain in force.

The monthly basis for listing in this special agreement shall be the minimum basis of common contingency contributions in force at any time in the General System of Social Security.

2.4 The time limit for the entry of the quotas for this special arrangement shall be that of the second calendar month following that in which the accrual is due.

3. These arrangements for special agreements shall be suspended during the periods of activity of seasonal workers who may subscribe to it, applying, in the absence of the preceding paragraphs, the provisions of Chapter I of this Regulation. Order.

Article 27. Special Convention for High Level Sportsmen.

1. High-level sportsmen, over the age of eighteen, who, by reason of their sporting activity or any other professional activity they perform are not already included in any of the Social Security System Regulations, may to apply for inclusion in the Special Workers ' Regime for Own or Self-Employed by signing a special agreement with the General Treasury of Social Security.

2. This special agreement will be subject to the particularities set out in Royal Decree 1467/1997 of 19 September 1997 on professional sportsmen and women, and, failing that, it will be in accordance with Chapter I of this Order.

Additional disposition first. Exclusion from Public Officials ' Regulations.

This Order shall not apply to the Special Regimes of the Civil Servants of the State, the Armed Forces and the Personnel to the Service of the Administration of Justice.

Additional provision second. Period of subscription of the special agreement by Spaniards which will be the status of officials or employees of International Organisations after 1 February 1997.

Spaniards who have acquired the status of an official or employee of Intergovernmental International Organizations between 1 February 1997 and the date of entry into force of this Order and who have not signed the special convention governed by Royal Decree 2805/1979 of 7 December 1979, within the six months following the acquisition of their status as an official or employee of such organizations, may subscribe to the (a) period of six months from 1 January of the month following that of the publication of this Order in the Official Gazette of the State, for the purpose of having effects, at the option of the applicant, either since they acquired the status of officials or employees of Intergovernmental International Organizations or from the day following the presentation of the request.

Additional provision third. Special health care agreement for pensioners of Swiss nationality residing in Spain.

The beneficiaries of pensions provided by the Swiss Federal Social Security legislation of the latter nationality, residing in Spain, may sign the special convention for the coverage of health care. Article 16 of this Order, in accordance with the provisions of point 17 of the Final Protocol to the Convention on Social Security between Spain and Switzerland of 13 October 1969.

Additional provision fourth. Delegation of competencies at the Social Institute of the Navy.

In order to maintain the necessary coordination with regard to the fishing maritime sector for the specialties that in the same concourse, the Social Institute of the Navy will process and formalize, by delegation of the General Treasury of Social Security, special agreements with workers and assimilated persons included in the Special Regime of the Social Security of the Workers of the Sea in the terms established in this Order.

Transitional disposition. Validity of previous conventions.

Special agreements entered into prior to the entry into force of this Order will continue to be governed by the previous rules applicable to them. However, subscribers may choose to replace them with any of those regulated in this Order, provided that they meet the requirements set out in this Order.

Repeal provision.

1. The following provisions are repealed:

-The Ministerial Order of March 23, 1971, declaring a situation similar to that of the High in the General Regime of Social Security, constituted by periods of inactivity between the work of the season.

-The Ministerial Order of March 7, 1978, which dictates rules for the implementation in the field of Social Security of the Congressional Regulations of Deputies and the Senate.

-The Ministerial Order of 14 February 1980, for which the rules for the application and development of Royal Decree 2805/1979 of 7 December 1979 on inclusion in the field of application of the General System of Social Security Spanish non-residents on national territory who have the status of officials or employees of Intergovernmental International Organisations.

-The Ministerial Order of 5 May 1980 on health care for Spanish pensioners of Social Security in Switzerland who transfer their residence to Spain.

-The Ministerial Order of 18 February 1981 establishing a health care agreement in the General System of Social Security in favour of Spanish emigrants returning to Spanish territory.

-The Ministerial Order of 29 July 1982 regulating the subscription of a special social security convention between the General Courts and the National Institute of Social Security and amending the Order of 7 March (a) 1978 and the rules laid down for its application and development in respect of Members of Parliament who have previously been affiliated with the General System of Social Security, as soon as they object to the provisions of this Order; the exception of Article 7 of the first to continue in force.

-The Ministerial Order of 28 July 1987 for the development of Royal Decree 996/1986 of 25 April, the regulator of the special convention of emigrants and children of emigrants.

-The Ministerial Order of 1 June 1988 authorizing the General Treasury of Social Security to sign a special agreement with the General Cortes in order to include in the field of application of the General of Social Security to Spaniards who have the status of Members of the European Parliament.

-The Ministerial Order of July 18, 1991, which regulates the special convention in the Social Security System.

-The Ministerial Order of 4 August 1992 on the regulation of the special agreement of fixed workers who are not continuing to receive unemployment benefit under the right to social security contributions for the contingency of retirement.

-The Ministerial Order of 17 May 1994, for which Spanish residents in Spain who provide services for the European Space Agency are declared to be included in Royal Decree 2805/1979 of 7 December 1979 and opens a new special term for the subscription of the special convention with social security by the officials of the Organization of Ibero-American States for Science, Education and Culture, referred to in Royal Decree 317/1985, 6 of February.

-The Ministerial Order of 25 January 1996, which regulates the subscription of special agreements by seasonal workers in the Special Systems of Fruit and Horticultural and Preserved Vegetables of the General System of Social Security.

-The Ministerial Order of 22 December 1997, for which the Spanish residents of Spain serving in the Delegation in Spain of the High Court of 7 December 1979 are declared to be included in Royal Decree 2805/1979. United Nations Commissioner for Refugees.

-The Ministerial Order of 8 June 1999, for the development of Royal Decree 1658/1998 of 24 July 1998 governing the special convention on health care in the General System of Social Security of Spanish nationals residing on national territory who have the status of officials or employees of Intergovernmental International Organizations.

-The Ministerial Order of 14 January 2000, on the abolition of the deadline for the subscription of the Special Convention on Social Security for emigrants and children of emigrants, governed by Royal Decree 996/1986 of 25 April.

-Order TAS/1817/2002 of 8 July, declaring themselves falling within the scope of Royal Decree 2805/1979 of 7 December 1979, to the Spanish residents of Spain who provide services at the Headquarters Southwest Sub-Regional Assembly of the North Atlantic Treaty Organization.

2. In addition, any provisions of equal or lower rank shall be repealed as set out in this Order.

Final disposition first. Enablement.

1. The model, which is attached as Annex II, is approved as a special convention for employers and workers subject to a job-regulation file that includes workers with 55 or more years and the General Treasury of Social Security.

2. The Directorate-General of the General Treasury of Social Security is empowered to approve and, where appropriate, amend the models to which the various types of special convention regulated in this Order are to be adjusted, subject in any case to the disposed in the same.

Final disposition second. Entry into force.

This Order shall enter into force on the first day of the sixth month following that of its publication in the Official Gazette of the State, except as provided for in Article 20, which shall enter into force on the day following that of that publication.

Madrid, 13 October 2003.

ZAPLANANA HERNANDEZ-SORO

Excmo. Mr. Secretary of State for Social Security

ANNEX I

ANNEX II