Law 12/1996, of 30 December, of the General Budget of the State for 1997, establishes in its Title IV the necessary guidelines for determining the amount of public pensions, fixing, according to the Price Index Consumption (CPI) forecast for 1997, the amount of the revaluation of those benefits to be increased, as well as the maximum level of perception for that financial year.

The State Budget Law itself for 1997 establishes not only figures, but even the basic rules that allow the revaluation from the pension of Passive Classes to be carried out from its entry into force. However, it is necessary to establish a series of procedural rules, more specific than those already laid down in Law 12/1996 of 30 December, in order to be able to implement its more detailed application.

In this regard, Chapter I of this Royal Decree devotes its precepts to regulating the procedure to be followed in order to apply the increase provided in the Law of Budgets to those pensions of Passive Classes that are not excluded from the revaluation.

For its part, Chapter II, the system of economic supplements for minimum pension is regulated, in order to guarantee at all times an adequate level of income for those who in 1997 do not reach the amounts legally established.

Thus, through these measures, one of the objectives set out in the Government's policy, in the field of social law, is given, as is the maintenance of the purchasing power of public pensions.

In its virtue, on the proposal of the Second Vice President of the Government and Minister of Economy and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 14 February 1997,

D I S P O N G O:

CHAPTER I

General rules on the revaluation of passive class pensions for 1997

Article 1. Amount of the increase for 1997 of the pension of Passive Classes.

In accordance with the provisions of Article 36 (1) of Law 12/1996 of 30 December 1997 on the General Budget of the State for 1997, the pensions paid by Passive Classes will be increased by 2.6 percent. in respect of the amounts which they would have received as at 31 December 1996, 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.

Article 2. Pensions not revalued during 1997.

By way of derogation from the previous article, and pursuant to Article 37 (1) of the 1997 General State Budget Law, 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 284,198 total pesetas in monthly calculations when the holder has the right to receive 14 monthly or, in other cases, 3.978,772 pesetas 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 37 (1) (a) and the fifth paragraph of Article 38 of the General Budget Law for 1997, as well as in Royal Decree 851/1992 of 10 July 1992, the Commission has decided to grant the aid to the 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, of this Royal Decree.

2. In the event that, together with any of the pensions mentioned in the preceding number, a person is entitled to receive at 31 December 1996 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 which were caused before 1 January 1997 and the amount of the monthly amount collected or received by the holder as at 31 December 1996.

If the pensions caused before 1 January 1997 are pending recognition of the date indicated, the initial amount for the 1996 financial year or, where appropriate, previous financial years should be determined. The rules that on revaluation, pension provision and limitation of increases are contained in the corresponding Budget Laws, applying for 1997 the increase coming from.

2. For the purposes of Article 38 of the General Budget Law for 1997, the amount of the pension or set of pensions paid out of the Passive Classes receivable by the same person holder, after applying the increase to each of them, shall be limited to the amount of 3 978,772 full annual pesetas, including the amount of the ordinary monthly payments as well as the amount of the payments which may correspond.

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 3,978,772 pesetas per year, the same proportion as that pension or pension with the total set of public pensions to be paid by the holder.

That limit (L) is obtained by applying the following formula:

L = CP x 3.978,772 pesetas annually

L = T x 3.978,772 pesetas annually

being CP the full annual theoretical value reached at 31 December 1996 by the 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 pensions at the same time.

3. 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 1997 will be practiced by the Provincial Delegations of Economy and Finance or by the General Directorate of Personnel and Public Pensions of the Ministry of Economy and Finance. as appropriate, although the latter may be able to do so on a centralised basis where for reasons of agility and simplification it is appropriate.

2. This revaluation shall be carried out taking into account the data obtained in respect of each pension holder as at 31 December 1996. However, in accordance with the provisions of Article 21 (2) of the Recast Text of the Law on Passive Classes of the State, approved by Royal Decree-Law 670/1987 of 30 April, any beneficiary of Classes 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 38 (3) of the General State Budget Law for 1997, the revaluation will be provisional until the Administration has verified the origin of the perception of its amount, depending on the other perceptions of the holder of a pension or pension and the rules on concurrency and incompatibility that 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 1997.

1. According to the forecasts contained in paragraphs 1, 2 and 3 of Article 39 of the State Budget Law for 1997, the application during the year of economic supplements to the pension scheme of the Classes Passive 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.

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 receiving the beneficiary at the time of submission of the application referred to in the following Article 2 (2).

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. basic social welfare provision.

(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 number 2 of the following year Article 2 (1) of the Treaty on the European Union, and the provisions of the Treaty on European Union, shall be adopted in accordance with the provisions of the Treaty on European Union and the Council of the European Union and the Council of the European Union. in 1997.

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

:

B

Annual Revenue

maximums

-

Pesetas/A

Minimum Pension

monthly

Retirement or retirement pension when there is spouse in charge of the holder/64.505 pts ./mes/1.708.970

Retirement or retirement pension when there is no spouse or, existing, not in charge/54,825 pts ./mes/1.573.450

widow's pension/54,825 pts ./mes/1.573.450

Pension or pensions in favour of other family members, with "n" being the number of pension or pension beneficiaries/54,825 pts ./mes 805,900 + 767.550

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 16,215 pesetas per month, in respect of each one of those 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. Co-existence 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 be economically dependent. where the spouse's income, by any means, does not exceed the current minimum inter-professional 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 they can experience the perceptions of the person concerned, either by revaluation or by recognition in their 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 is the responsibility of the Directorate-General for Personnel and Public Pensions and the various Provincial Delegations of Economy and Finance, in respect of the assets entered in their respective Passive Classes Units, to grant 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 Provincial Delegation for Economic and Financial Affairs, as indicated in the payment of his/her pension in the respective Unit of Passive Classes. 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 of the Public Pension Data Bank, the administrative office shall, without further formalities, dictate the decision as appropriate, 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 1997 or the date of the start of the pension if it is back.

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 Recast Text of the State Passive Classes Act, the pensioner shall provide the Administration with the information that is formally required to do so. 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 pension scheme, the pension scheme is not the same as the one in which the pension is paid, and the amount of the pension is paid for in the case of a pension. of Passive Classes 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 number, 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 order to determine the amount of the supplement that the scheme corresponds to it, in accordance with the rules of Article 6 of this Royal Decree.

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

1. For the financial year 1997, the economic supplements provided for 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, and to those in favour of 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 the Health Subdelegates 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, and of 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 than in 1997 to the amount established for the said economic year, as a minimum in the social security system for the pensions of widowers of older workers Sixty-five years.

Also, pensions in favour of the cause, recognised under Title II of Law 37/1984 of 22 October, may not be lower in 1997 than the amount established for that financial year as a minimum amount in the system. Social security for retirement pensions, with a spouse in charge, of holders over the age of sixty-five years, whatever their initial date of payment.

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

1. The pensions of Passive Classes to which economic supplements had been applied in 1996 shall be adjusted ex officio, and on a provisional basis, with effect from 1 January 1997, to the amounts laid down in Article 6 of this Royal Decree, Assuming that the holders meet the conditions and requirements laid down in that provision, the concurrency of those conditions and requirements shall be verified by the corresponding administrative services.

2. If the absence of any requirement or condition results from the verification referred to above, the immediate cessation of the payment 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. 1997. Similarly, if such verification results in the need to modify the amount of the supplement, the appropriate modification shall be made, 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 seventh additional provision of the State Budget Law for 1997, the monthly amounts of social aid, in favour of the persons who were contaminated by the Human immunodeficiency virus (HIV), as defined in paragraphs (b), (c) and (d) of Article 2 (1) of Royal Decree-Law 9/1993, of 28 May, shall be determined by the application of the proportions referred to in the paragraphs above. amount of pesetas 67,716.

Final disposition first. Enablement for development provisions.

The Minister of Economy and 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 effect of the economic effects being rolled back on 1 January 1997. Given in Madrid on 14 February 1997.

JOHN CARLOS R.

The Second Vice President of the Government

and Minister of Economy and Finance,

RODRIGO DE RATO Y FIGAREDO