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Royal Decree 1203 / 2003, Of 19 September, Amending Royal Decree 996/1986, Of 25 April, Which Regulates Entry Into Special Agreement Of Immigrants And Children Of Immigrants.

Original Language Title: Real Decreto 1203/2003, de 19 de septiembre, por el que se modifica el Real Decreto 996/1986, de 25 de abril, por el que se regula la suscripciĆ³n de convenio especial de los emigrantes e hijos de emigrantes.

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TEXT

By Royal Decree 996/1986 of 25 April, which regulates the subscription of a special convention for emigrants and children of emigrants, it is possible that the members of the collective express can be included in the the field of application of the General System of Social Security, as long as they provide their employment abroad, regardless of whether they have previously been affiliated with the Spanish Social Security.

The possibility of subscription of the special agreement is conditional, however, on the work of the emigrant or his children to be carried out in countries that do not have an agreement or agreement with Spain. Social, or that, having it, does not cover all or some of the benefits of retirement, invalidity and death and survival; otherwise, the option of being able to subscribe to that modality of special convention comes limited to the moment of return from the person concerned to Spanish territory, and as long as this is not necessarily included in any public social protection scheme in Spain.

Over time, it has become apparent that such a limitation may lead to restrictive effects on the proper social protection of certain emigrants, among other reasons because, according to various experiences the existence of a foreign system which adequately covers the pension branch, in which the person concerned must be compulsorily bound, and the concurrence of a bilateral security agreement or agreement Social subscribed by the respective country with Spain, does not mean to guarantee to obtain the necessary protection.

According to all of this, by means of this royal decree it is intended to eliminate the requirement that currently is provided for in article 1 of Royal Decree 996/1986, of April 25, in so far as to subscribe to the special convention The Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities without any coverage of retirement benefits, permanent incapacity and death and survival. This measure must be taken into account in the actions which, in the specific field of protection of Spanish workers abroad, are provided for in Article 42 of the Constitution, as well as in Article 7.4 and in the first provision of the of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 19 September 2003,

D I S P O N G O:

Single item. Amendment of Royal Decree 996/1986 of 25 April 1986 regulating the subscription of a special convention for emigrants and children of emigrants.

New wording is given to Article 1 of Royal Decree 996/1986 of 25 April, which regulates the subscription of a special convention for emigrants and children of emigrants, in the following terms:

" Article 1.

Spanish emigrants and the children of Spanish nationals who hold Spanish nationality, regardless of whether they have previously been affiliated with the Spanish Social Security, and regardless of the country in which they work and that the said country has or does not have an agreement with Spain or an agreement in the field of social security, may be included in the field of application of the General System of Social Security through the subscription of the special convention regulated in this royal decree, falling within the system and assimilated to the situation of discharge, with the scope which is determined in the following Article.

For the same benefit, the Spanish emigrants and the children of these who have the Spanish nationality, whatever the country in which they work, at the time of their return to Spanish territory, provided that they are not necessarily included in some public social protection scheme in Spain. "

Single repeal provision. Regulatory repeal.

The provisions of this royal decree and, specifically, paragraph (e) of Article 6 of the Order of 28 July 1987 for the development of Royal Decree 996/1986 of 25 December 1987, are hereby repealed. April, by which the subscription of special agreement of emigrants and children of emigrants is regulated.

Final disposition first. Development enablement.

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

Final disposition second. Entry into force.

This royal decree shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State".

Given in Madrid, 19 September 2003.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

EDUARDOZAPLANAHERNANDEZ-SORO