SLa Ley 52/2002, of 30 December, of the General Budget of the State for the year 2003, contains, within its Title IV and corresponding provisions, the basic criteria for determining the amount of public pensions, by fixing the revaluation of the same in accordance with the consumer price index (CPI) provided for that economic year.

By this Royal Decree, the legal provisions referred to in the aforementioned Law are developed in respect of Passive Classes, establishing the revaluation of pensions by 2 percent, whichever is the same. regulatory legislation, with the exception of exceptions provided for in that legislation.

Likewise, the rules and the procedure for making the revaluation are fixed in this Royal Decree, although, prior to its application and in order to guarantee the maintenance of the purchasing power of the pension Passive classes, the amounts corresponding to 31 December 2002 shall be adjusted in accordance with the deviation from the consumer price index during the period November 2001 to November 2002.

In turn, for the purpose of compensating for this deviation, the credit is available to the pensioners of Passive Classes of a single payment amount equal to the difference between the pension received during 2002 and the one that would have been agreed with the actual evolution of the CPI in the indicated period, which has reached 3.9 percent, thus fulfilling the mandate contained in the fifth additional provision of the State General Budget Law for the year 2003.

Moreover, the system of economic supplements for minimum pensions, also provided for in the aforementioned law, is regulated in order to guarantee at all times an adequate level of income for those who do not reach the amounts legally established minimum standards.

Due to its special characteristics, an independent chapter establishes the revaluation of the pension of Passive Classes recognized under the Community Regulations.

In short, the present Royal Decree gives compliance through the aforementioned measures to those legal provisions, in order to facilitate its rapid application to the benefit of the collectives affected.

In its virtue, on the proposal of the Minister of Finance, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on January 10, 2003,

D I S P O N G O:

CHAPTER I

General rules on revaluation of pension classes Passive classes for 2003

Article 1. Amount of the increase for the year 2003 of the pension of Passive Classes.

1. In accordance with the provisions of Article 40 (1) of Law 52/2002 of 30 December 2002 on the General Budget of the State for the year 2003, the pensions paid by Passive Classes will be increased by 2 percent. amounts to which they had been allocated to 31 December 2002, except those covered by Title II of Royal Decree 851/1992 of 10 July 1992, which shall be adapted to the amounts corresponding to their own legislation.

2. For the purposes of the revaluation referred to in the preceding paragraph and on a prior basis, the amount corresponding to the pensions at 31 December 2002 shall be updated by application of the amount of the coefficient 1.0186275.

Article 2. Pensions not revalued during the year 2003.

Notwithstanding the provisions of the previous article, and pursuant to Article 41 (1) of the expressed State General Budget Law for the year 2003, no increase will be made. The following Passive Classes pensions:

(a) Those whose full amount, in addition, if applicable, to the monthly full amount of other public pensions received by the holder, exceeds EUR 2,029,27 in monthly payments when the holder is entitled to receive 14 monthly or, in other cases, EUR 28,409.78 in annual accounts.

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

(c) Pensions recognised under Law 5/1979 of 18 September in favour of non-disabled orphans, except where the persons responsible for such pensions would have had the status of officials.

(d) Pensions recognised under Law 35/1980 of 26 June in favour of orphans over 21 years of age not incapacitated, except where the cause of such pensions would have been the status of ex-combatants professional.

Article 3. Extraordinary pensions for acts of terrorism.

1. In accordance with the second subparagraph of Article 41 (a) (a) and Article 42 (4) of the Law on the General Budget of the State for the year 2003, as well as in Royal Decree 851/1992 of 10 July 1992, the extraordinary pensions of Passive Classes originating in acts

terrorists are exempt from the exclusionary or limiting rules referred to in Article 2 (a) and Article 4, Rule 2.a, of this Royal Decree.

2. In the event that, together with any of the pensions referred to in the previous paragraph, a person is entitled to receive at 31 December 2002 some or some other public pensions, the rules which are exclusive or limiting, cited, if applicable in respect of the latter.

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

The application of the increase set out in Article 1 of this Royal Decree will be in accordance with the following rules:

1.a The increase shall apply to pensions previously caused by 1 January 2003 and the amount to be updated, in accordance with the terms set out in Article 1.2 of this Royal Decree, the monthly amount Member of the European Commission of the European Commission of the European Council of the European

If the pensions caused before 1 January 2003 are pending recognition of the date indicated, the initial amount for the financial year 2002 or, where applicable, previous financial years should be determined, the securities entered in Law 23/2001 of 27 December 2001 on the General Budget of the State for the year 2002 should be updated, where appropriate, by the application of the coefficient 1.0186275. It will then proceed to its updating in accordance with the rules that on revaluation, concurrency of pensions and limitation of its growth are contained in the Laws of corresponding Budgets, applying for the year 2003 the increase from.

2.a For the purposes of Article 42 of the General Budget Law for the year 2003, the amount of the pension or set of pensions paid out of the Passive Classes receivable by the same person Once the increase from each of them has been applied, it shall be limited to the amount of EUR 28,409,78 full per year, including the amount of the ordinary monthly payments and the amount of the payments which may correspond.

In widow's pensions, increases for children who may have been recognised under Law 19/1974 of 27 June and Law 74/1980 of 29 December of 29 December shall not, in any event, be taken into account for the purposes of the application. of the maximum limit of perception set out in the preceding paragraph.

In the event that in the same holder one or more of the pension of Passive Classes with another or other public pensions is present, the value of the pension or pension set of Passive Classes will have as a limit a figure that with an annual total of EUR 28,409,78 inclusive of the same proportion as that pension or pension with the total public pension scheme to be paid by the holder.

That limit (L) will be obtained by applying

the following formula: (See image page 1285) L = CP ^ 28.409.78 EUR per year T being CP the full annual theoretical value reached at 31 December 2002 by pension or pension of Passive Classes, and T the result of adding to the previous figure the full value in annual terms of the other public pensions at the same time.

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

Article 5. Procedure for revaluation.

1. The revaluation of the pension of Passive Classes for 2003 will be practiced by the delegations of Economy and Finance or the General Directorate of Personnel and Public Pensions of the Ministry of Finance, as appropriate, if The latter may be carried out on a centralised basis when, for reasons of agility and simplification, it is appropriate.

2. This revaluation shall be carried out taking into account the data of each pension holder as at 31 December 2002. However, in accordance with the provisions of Article 21 (2) of the recast of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April 1987, any recipient of a class may be required to Passive to provide information about its economic situation with the effects of such a rule.

3. In accordance with the provisions of Article 42 (3) of the General State Budget Law for the year 2003, the revaluation will be provisional until the Administration has verified the origin of the collection. of the amount, depending on the other perceptions of the holder of a pension or pensions and of the rules on concurrency and incompatibility which are applicable in each case.

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

CHAPTER II

Add-ons for minimums

Article 6. Economic supplements for pension classes Passive during 2003.

1. According to the forecasts contained in paragraphs one, two and three of Article 43 of the State Budget Law for 2003, the application during the year of economic supplements to the pension scheme of the Pasivas classes will conform to the following rules:

(a) That pension of the Passive Classes Scheme may be supplemented, whatever the date on which it was caused, which does not reach the corresponding minimum set out in column A of the table set out in paragraph 2 of the this Article, provided that it has been recognised under the general legislation in the field.

(b) In the event of receipt of several pensions from the same beneficiary in the preceding paragraph, the supplement shall, where appropriate, apply in respect of that pension which, in the interest of its nature, is allocated an amount greater in column A of the table set out in paragraph 2 of this Article.

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

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

The amount to be taken into account will be, for the pension of Passive Classes, the one that is once revalued the same according to the provisions of this Royal Decree, and for the remaining public pensions, the one that is by the receipt of the beneficiary at the time of submission of the application referred to in paragraph 2 of the following Article.

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

(d) The supplement shall be reduced or, where appropriate, shall be abolished in the amount necessary to ensure that the sum, in annual terms, of the pension supplemented by the provisions of the preceding subparagraph, together with all the working income or replacement of the same or capital, received by the beneficiary, does not exceed the corresponding limit in column B of the table below.

For these purposes, the concept of income shall be defined in accordance with the laws of the Income Tax of the Physical Persons, although, in any case, the income corresponding to any pension of the public character, whether or not they are subject to the aforementioned tax; the pension of Passive Classes shall be taken at its annual value once revalued in accordance with the provisions of this Royal Decree; the remaining public pensions shall have the value (a) the date of submission of the application referred to in paragraph 2 of the following Article 2 of the Treaty on the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament received in 2003.

2. For the purposes of the preceding paragraph, the following amounts shall be taken into account:

TABLE: (View image page 1286)

A Monthly Minimum B Maximum Annual Ings

Retirement pension or retirement pension when there is a spouse in charge of the holder .............. 471,68 euros 12,357,89 euros Pension or retirement pension when there is no spouse, or, existing, is not in charge. EUR 400,54 EUR 11,361.93 EUR-pension of EUR-400 ,54 EUR 11,361,93 EUR

Pension opensions in favour of other relatives, the number of pension or pension beneficiaries being "n".

EUR 400,54 EUR 5,754,37 + 5,607,56 EUR n In the case of pension or pensions in favour of other relatives who were received by several beneficiaries, the figure resulting from column A of the above table shall not be less than EUR 117.60 per month for each beneficiary whose annual income does not exceed those in column B.

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

For the same purposes, it is understood that there is a spouse in charge of the holder when he is living with the pensioner and is economically dependent.

Conviviality shall be presumed provided that the marriage bond is preserved, without prejudice to the fact that this presumption may be destroyed by the administration, and the same effects shall be understood to exist economic dependence where the income of the spouse, by any means, does not exceed the current minimum interprofessional salary.

3. The economic supplements covered by this provision, which will be paid in 12 ordinary and two extraordinary amounts, all of which are of equal value, will in no case be consolidated and will be absorbed by any future increase. may be able to experience the perceptions of the person concerned, either by revaluation or by recognition in favour of new public pensions.

4. In accordance with the provisions of Article 21.5 of Royal Decree 1288/1990 of 25 October 1990, the right to minimum pension recipients of Passive Classes may be granted access to the right to minimum pension benefits under the terms of the standard.

Article 7. Procedure for economic supplements.

1. It corresponds to the General Directorate of Personnel and Public Pensions Costs and to the different delegations of Economy and Finance, in respect of the assets entered in their respective Units of Passive Classes, to recognize and determine the economic supplements which come, in accordance with the provisions set out in Article 6, without prejudice to the fact that this function may be collected in whole or in part by the Directorate-General.

2. The procedure shall be initiated at the request of the person concerned, by means of a request addressed to the Directorate-General for Personnel and Public Pensions Costs or to the Delegation for Economic and Financial Affairs, as shown in the payment of his pension in the respective Member State. Passive Classes Unit. That request shall be adjusted and completed in accordance with the model established for that purpose.

3. In the light of the information provided by the applicant for the financial supplement and, where appropriate, the information consultation with the Register of Public Social Benefits, the administrative office shall, without further formalities, dictate the decision to be taken, without (a) to the detriment of the fact that the same is reviewable at any time, in respect of the verification or inspection of the data entered or the variation of the conditions of the right to the supplement.

If the request for economic supplements is made, for the first time, during the present financial year, its economic effects shall be rolled back to 1 January 2003 or to the date of the start of the pension, if the latter is is later.

However, if the request for such recognition is made on the occasion of exercising the right to recover the pension, the economic effects may be those of the date of the start of the pension, with a maximum retroactive effect of a year since they are requested and provided that the necessary requirements for their receipt are met.

4. If, after recognition of the economic supplements, there is a finding of a contradiction between the declared data and the reality, the applicant shall be obliged to recover the amount unduly received, without prejudice to the against other possible responsibilities in accordance with the legal system.

For the purposes of this review, and in accordance with the provisions of Article 21 of the current consolidated text of the State Passive Classes Act, the pensioner shall provide the Administration with the information that it formally gives to the Administration. The payment of the supplement may be suspended in the event of non-compliance with this obligation.

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

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

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

1. In the event that a certain pensioner of Passive Classes had the right to receive, in accordance with the rules of this Royal Decree, an economic supplement and, in addition, to be a beneficiary of other public pensions, paid from different public pension schemes, have also the right to some other supplement, in accordance with the provisions of Articles 43 and 44 of the State Budget Law for 2003, will not be able to receive the supplement corresponding to the Passive Classes pension, except in the following cases:

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

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

2. In the two cases referred to in the preceding paragraph, the economic supplement to which the person concerned may be entitled to the pension from the Passive Classes may not be taken into consideration in determining the amount of the supplement that the scheme corresponds to it, in accordance with the rules of Article 6 of this Royal Decree.

CHAPTER III

Pensions recognised under the Community regulations on social security

Article 9. Revaluation of pensions recognised under the Community regulations in the field of social security.

1. The revaluation of pensions recognised under the Community regulations, which is carried out by the Passive Classes scheme, by a percentage of its theoretical amount, shall be carried out in accordance with both the increase and the increase in the amount of the pension. the 100 per cent of the pension would have been paid by the said scheme.

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

3. If, after having applied the provisions of the preceding paragraph, the sum of the actual amounts of the recognised pensions, both under Spanish and foreign legislation under the Community Regulations, is less than the minimum which corresponds to the pension in question, shall be guaranteed to the beneficiary, while residing in national territory, the necessary difference to the minimum referred to, in accordance with the general rules laid down for its granting.

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

1. For the year 2003, the economic supplements referred to in Chapter II of this Royal Decree shall apply to orphan's pensions recognised under Title II of Law 37/1984 of 22 October, as well as to those caused by the operators of Lotteries, the staff of the Mines of Almaden and the inused or deceased medical doctors for extraordinary services in the time of the epidemic, and Subdelegates of Health referred to in the Law of 11 July 1912.

2. Pensions in favour of family members granted under Law 5/1979 of 18 September and Law 35/1980 of 26 June, with the exception of the orphan's pensions referred to in Article 2 (c) and (d) of this Royal Decree, As from the Law 6/1982 of 29 March, and the pensions for the purpose of Title II of Law No 37/1984 of 22 October, whichever is the initial date of payment, may not be lower in the year 2003 to the amount laid down for the said financial year (i) economic, as a minimum in the system of social security for the pensions of widowers ' widowers Sixty-five years.

Additional provision second. Adaptation of the trade of supplements for minima.

1. The pensions of Passive Classes to which economic supplements had been applied during the year 2002 shall be adapted, ex officio and on a provisional basis, with effect from 1 January 2003, to the amounts laid down in Article 6 of this Royal Decree, assuming that its holders meet the conditions and conditions required in that provision, until such time as the corresponding administrative services check the concurrency of those conditions and requirements.

2. If the absence of any requirement or condition results from the verification referred to above, the immediate cessation of the supplement shall be carried out, with a refund of the amount unduly received for such a period from, at most, the first of January of the year 2003.

Also, if the need to modify the amount of the supplement is derived from such verification, the appropriate modification shall be carried out, with drawback of the unduly perceived from the date indicated above.

However, and in accordance with the provisions of Article 7.4 of this Royal Decree, the drawback of the unduly perceived to the initial date on which the economic supplement began to be paid in financial years shall be rolled back. prior to, up to a maximum of five years, if evidence of the fact that the recipient of the same committed any omission or falsehood in the declaration submitted at the time of application for the supplement was found to be prejudice to the responsibilities in which it could have incurred.

Additional provision third. Update of the social aid of the Royal Decree-Law 9/1993 of 28 May.

According to the fourth and fifth additional provisions of the State Budget Law for the year 2003, the monthly amounts of social aid, in favor of the people who were the human immunodeficiency virus (HIV), as referred to in Article 2 (1) (b), (c) and (d) of Royal Decree-Law 9/1993 of 28 May, shall be determined by the application of the proportions regulated in the paragraphs cited above the amount of EUR 483,51.

In addition, the recipients of the abovementioned social aid, with an initial payment date of 1 January 2003, shall be entitled to receive, by 1 April of this year and in a single payment, an amount equivalent to which is to be applied to the aid received during 2002 by the coefficient 0,0186275.

Additional provision fourth. Payment of compensatory amount.

According to the provisions of the fifth additional provision of the State Budget Law for 2003, the pensioners of Passive Classes who would have received pensions for the year 2002 revaluation, as well as those who have received the amount corresponding to the minimum pensions or the ceiling for the collection of public pensions, or their heirs, shall be paid before 1 April of this year and in a single payment an amount equivalent to that resulting from the application to the pension received during the year 2002 0.0186275.

The provisions of the preceding paragraph shall also apply to the pension of Passive Classes with an initial date of payment during the year 2002, for which determination would have been taken into account. update in the said financial year.

Additional provision fifth. Regularised amounts of certain pensions in the year 2002.

The amounts of minimum pensions, as well as the maximum limit of perception for the year 2002, are as follows: (See image page 1288) A monthly minimum monthly Ing

annual

Retirement or retirement pension when there is a spouse in charge of the holder .............. 462.43 euros 12.012.40 euro Pension or retirement pension when there is no spouse or, existing, is not in charge. EUR 392,68 EUR 11,035.90 Pension for widowers ................ 392,68 euro 11.035.90 euro

Pension opensions in favour of other relatives, the number of pension or pension beneficiaries being "n".

392.68 euros 5.538.38 + 5,497.52 euros n

In the case of a pension or pension in favour of other relatives who are received by several beneficiaries, the figure resulting from column A of the above table shall not be less than EUR 113,62 per month for each person. of beneficiaries whose annual income does not exceed those listed in column B.

Maximum public pension cap: 1,989.48 euros/month or 27,852.72 euros/year.

Final disposition first. Enablement for development provisions.

The Minister of Finance is hereby authorized to give the general provisions necessary for the implementation of this Royal Decree.

Final disposition second. Entry into force and economic effects.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", without prejudice to the fact that the economic effects are rolled back, where appropriate, to 1 January 2003.

Given in Madrid on January 10, 2003.

JOHN CARLOS R.

The Minister of Finance, CRISTOBAL MONTORO ROMERO