Advanced Search

Royal Decree 53/2002 Of 18 January On Revaluation And Complements Of Passive Classes Pensions For The Year 2002.

Original Language Title: Real Decreto 53/2002, de 18 de enero, sobre revalorización y complementos de pensiones de Clases Pasivas para el año 2002.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

By this Royal Decree, the legal provisions contained in Title IV of Law 23/2001 of 27 December 2001, of General State Budgets for the year 2002, are to be developed in respect of Passive Classes. which sets the basic criteria for determining the amount of public pensions for this financial year.

According to the aforementioned Law, the pension of Passive Classes, whatever its regulatory legislation, and except for the exceptions provided for in that law, will experience in 2002 an increase of 2 per 100, equivalent to the increase in the consumer price index for that economic year.

In this Royal Decree, the rules and the procedure for making the revaluation are established, although, prior to their application and in order to guarantee the maintenance of the purchasing power of the classes Passive, the amounts corresponding to 31 December 2001 should be adjusted in line with the deviation from the consumer price index for the period November 2000 to November 2001.

Similarly, for the purpose of compensating for this deviation, the payment is made available to the pensioners of Passive Classes of a single payment amount equal to the difference between the pension received during 2001 and the it would have been in line with the actual evolution of the CPI in the indicated period which has reached 2.7 per 100, thus fulfilling the mandate contained in the additional sixth provision of the State Budget Law for the year 2002.

The system of economic supplements for minimum pensions is regulated, also provided for in the aforementioned Law, in order to guarantee an adequate level of income for those who do not reach the legally established minimum amounts. for the corresponding pensions.

For its special characteristics, the revaluation of the pension of Passive Classes recognized under the Community Regulations is regulated in an independent chapter.

Finally, it is to be said that, given the entry into circulation on 1 January 2002 of the euro, the amounts referred to in the various pensions and ceilings are expressed for the first time only in the said unit of account.

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 of the day 18 January 2002,

D I S P O N G O:

CHAPTER I

General rules on the revaluation of pension classes Passive for the year 2002

Article 1. Amount of the increase for the year 2002 of the pension of Passive Classes.

1. In accordance with Article 41 (1) of Law 23/2001 of 27 December 2001 on the General Budget of the State for the year 2002, the pensions paid by Passive Classes shall be increased by 2 per 100 amounts to which they had been allocated to 31 December 2001, 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 2001 shall be updated by application of the amount of the coefficient 1,0068627.

Article 2. Pensions not revalued during the year 2002.

Notwithstanding the provisions of the previous article, and in accordance with the provisions of Article 42 (1) of the expressed State General Budget Law for 2002, 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 1,953,10 in monthly payments when the holder is entitled to receive Fourteen monthly or, in other cases, EUR 27,343.40 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 the age of 21 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 42 (1) (a) and Article 43 (4) of the General Budget Law for the year 2002, as well as in Royal Decree 851/1992, of 10 December 1992, the Commission adopted the July, the extraordinary pensions of Passive Classes originating in terrorist acts 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 preceding paragraph, a person is entitled to receive at 31 December 2001 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. The increase shall apply to pensions previously caused by 1 January 2002 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 2002 are pending recognition of the date indicated, the initial amount for the financial year 2001 or, where applicable, previous financial years should be determined, the securities entered in Law 13/2000 of 28 December 2001 on the General Budget of the State for the year 2001 should be updated, where appropriate, by the application of the coefficient 1,0068627. It will then be updated in accordance with the rules on revaluation, pensions and limitation of increases are contained in the corresponding budget laws, applying for 2002 the increase from.

2. For the purposes of Article 43 of the General State Budget Law for the year 2002, 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 27,343,40 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 a total of EUR 27,343,40 per year, 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 2587)

L = CP ^ 27,343.40 EUR per year T being CP the full annual theoretical value reached at 31 December 2001 by pension or pension of Passive Classes, and T the result of adding to the previous figure the full value in terms of the annual 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 2002 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. Such revaluation shall be carried out in the light of the labour data in respect of each holder.

pension as of December 31, 2001. 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 No 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 43 (3) of the State Budget Law for the year 2002, 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 of Passive Classes during the year 2002.

1. According to the forecasts contained in paragraphs one, two and three of Article 44 of the State Budget Law for 2002, 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 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 (1) 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 in the year 2002.

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

:

(SEE IMAGE, PAGE 2588)

A Minimum Pension_Monthly

b Annual Reports-Next

Retirement or retirement pension when there is a spouse in charge of the holder ............... 453.98 euros 11.894.10 euro Pension or retirement pension when there is no spouse, or, existing, is not in charge. EUR 385,50 10,935,38 EUR Pension of widowage ............ 385,50 EUR 10,935,38 EUR

Pension or pension in favour of other family members, with "n" being the number of pension or pension beneficiaries.

385.50 euros 5.538.38 + 5.397.00 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 111,54 per month for each person. of beneficiaries whose annual income does not exceed those listed 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 way be consolidated and will be absorbed by any future increase which may be able to experience the perceptions of the person concerned, either by revaluation or by recognition in favour of new public pensions.

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 a request addressed to the Directorate-General for Personnel and Public Pensions, or to the Delegation for Economic and Financial Affairs, as indicated 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 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 2002 or the date of the start of the pension if it is back.

However, if the request for such recognition is made on the occasion of exercising the right to recover 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 was entitled to receive, in accordance with the rules of this Royal Decree, an economic supplement and to be a beneficiary in addition to other public pensions, paid under schemes In the case of the Commission, the Commission may, in accordance with Articles 44 and 45 of the General Budget Law for the year 2002, not be entitled to receive the supplement corresponding to the provisions of the general budget of the European Union. 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, of which the scheme is in charge of the Passive Classes Scheme, will be carried out by a percentage of the theoretical amount, and will be carried out in the same way as the increase in the amount of the pension. the 100 per 100 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 amount as was taken into account for the recognition of the pension, to the difference between the amount which would have been paid by the Passive Classes Scheme 100 per cent. 100 of 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 financial year 2002, the economic supplements referred to in Chapter II of this Royal Decree shall apply to orphan's pensions recognised under Title II of Law No 37/1984 of 22 October, as well as to those other caused by the operators of Lotteries, the staff of the Mines of Almadén and the inused or deceased sanitary doctors for extraordinary services in the time of the epidemic, and the Subdelegates of Health referred to in the Law of 11 of July of 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 widower's pensions under Title II of Law No 37/1984 of 22 October, whatever the initial date of the payment, may not be lower in the year 2002 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 2001 shall be adjusted ex officio, and on a provisional basis, with effect from 1 January 2002, to the amounts laid down in Article 6 of this Royal Decree, assuming that its holders meet the conditions and requirements laid down 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 2002.

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 provisions of the fifth and sixth additional provisions of the State Budget Law for the year 2002, the monthly amounts of social aid, in favor of the people who were (a) the amount of the amount to be used for the purposes of this Regulation shall be determined in accordance with the conditions laid down in Article 2 (1) of Regulation (EC) No 79/1993 of the European Parliament and of the Council. paragraphs quoted above the amount of EUR 465,36.

In addition, the recipients of the abovementioned social aid, with an initial payment date of 1 January 2002, will be entitled to receive a sum equivalent to 1 April of this year and in a single payment. This is the case for the aid granted in 2001 to the coefficient 0,0068627.

Additional provision fourth. Payment of compensatory amount.

According to the provisions of the additional sixth provision of the State Budget Law for 2002, the pensioners of Passive Classes who would have received pensions for the year 2001 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 2001 0.0068627.

The provisions of the preceding paragraph shall also apply to the pension of Passive Classes with an initial date of payment during the year 2001 for which the determination would have been taken into account updating in the said financial year.

Additional provision fifth. Regularised amounts of certain pensions in the year 2001.

1. The amounts of minimum pensions for the year 2001 are as follows:

(VIEW IMAGE, PAGE 2590)

A Minimum Pension_Monthly

b Annual Reports-Next

Retirement or retirement pension when there is a spouse in charge of the holder .............. 445.07 euros 11.623.75 euros Pension retirement or retirement when there is no spouse, or, existing, is not in charge. EUR 377,94 EUR 10,683,93 Pension for widowage ............ EUR 377,94 EUR 10,683,93

Pension or pensions in favour of other family members, with "n" being the number of beneficiaries of the pension or pension.

377.94 euros 5.392.77 + 5.291.16 euros n

In the case of pension or pensions 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 109.35 per month for each of the beneficiaries. of beneficiaries whose annual income does not exceed those listed in column B.

2. The maximum public pension collection limit for the year 2001 shall be EUR 1,914,80 per month or EUR 26,807,20 per year.

Additional provision sixth. Extraordinary pensions of Passive Classes for acts of terrorism.

The extraordinary pensions of the State Passive Classes Regime for acts of terrorism will experience the revaluation regulated in this Royal Decree, as long as they do not carry out the review of their trade at the end of the to adapt its amounts to the forecasts contained in the additional twenty-second provision of the State Budget Law for 2002.

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 2002.

Given in Madrid to January 18, 2002.

JOHN CARLOS R.

The Minister of Finance,

CRISTOBAL MONTORO ROMERO