Having regard to the text of the Collective Agreement of the company "Tabacalera, Sociedad Anonima" (Convention code number 9004892), which was signed on 24 October 1996, on the one hand, by those appointed by the company's management, on behalf of, and on behalf of, the Intercentres Committee, representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March 1995, the recast text of the Law of the Workers ' Statute is adopted, and in Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Work Conventions,

This General Address agrees:

First. -Order the registration of the aforementioned Collective Agreement in the corresponding Register of this management center, with notification to the Negotiating Commission.

Second. -Dispose your publication in the "Official State Bulletin".

Madrid, November 22, 1996. -Director General, Soledad Cordova Garrido.

TOBACCO COMPANY COLLECTIVE AGREEMENT,

ANONYMOUS COMPANY 1996-1997

CHAPTER I

Application scope, validity, and binding to the entire

Article 1. Object and scope of application.

This Convention regulates the working conditions between the company "Tabacalera, Sociedad Anonima", and the staff who provide its services in the totality of the existing work centers in the Spanish territory.

The following staff are exempted from the application of this Convention for the reason of their duties:

Those whose activity is limited, pure and simply, to the mere performance of the position of Counselor or member of the company's administrative body, as provided for in Article 1.3.c) of the Workers ' Statute.

The company's management, including the Directors, General Secretary and Deputy Secretary-General.

The persons linked to "Tabacalera, Sociedad Anonima", for a non-work contract, between which the guaranteed representatives and their staff are counted, since their relationship with the company is exclusively of nature mercantile.

The Company's Sub-Directors, Factory Directors, Distribution Zone Delegates, and Territorial Sales Directors.

Those who are hired, in exceptional cases and on a transitional basis, to attend to urgent and specific needs of a technical nature, not foreseen among the staff of the staff.

The jobs included in the level I of the Technical-Administrative group, which provide their services in any dependency of the company.

However, this exclusion will be voluntary and will require the subscription between the worker concerned and the undertaking of an individual contract of employment in which the conditions of that employment relationship are regulated.

Article 2. Vigency.

This Convention shall enter into force on the day following the date of its signature and shall be valid until 31 December 1997, being extended from year to year as long as either party does not denounce it before the date of its completion or any of its extensions.

However, all the effects of economic content on the agreement for the first year of its validity-except for the economic compensation for carry-over-will be retroactive to 1 January 1996, in the form of different assumptions, the arrears accrued from the date indicated.

By virtue of Article 86.4 of the Workers ' Statute, this Convention repeals and replaces the agreement in previous Collective Agreements.

However, for all matters not covered by this Convention, they shall remain in force-unless they object to the agreement or legal provisions to be enforced-the clauses set out in the Convention. Collective agreement for the year 1992-93 and in the Annex thereto, as well as the articles of the 1975 and 1979 Collective Agreements which refer to the matters expressly referred to in Article 94.2 of the Annex to the aforementioned Collective Agreement of 1992-93.

Article 3. Linking to the whole.

The set of rights and obligations regulated in this Convention constitute an indivisible whole and, therefore, the non-acceptance of some or some of the conditions in the agreed terms assume those of the totality.

Therefore, if, by law or resolution of the competent jurisdiction, any of the clauses agreed here are modified or not approved, and this fact-in the judgment of either party-is manifestly misleading. The content of the Convention must be renegotiated by the Deliberating Commission itself.

CHAPTER II

Remuneration

Article 4. Year 1996.

All remuneration concepts will be increased by 2.6 per 100, except for the first by Economato, which will not experience any variation.

The amount of Productivity Pay shall be updated in accordance with the salary tables annexed to this text.

The increase of the Antiquity awards will be made in a linear fashion.

Article 5. Year 1997.

As of January 1, 1997, a wage growth of 2.6 percent is established. However, if the percentage increase in the CPI for that year, provided for by the government in January 1997, is higher, the latter percentage will be applied.

For the application of the increase to the different remuneration concepts, similar criteria will be followed that in 1996.

CHAPTER III

Working Time

Article 6. Working day.

1. The working day will continue to be calculated annually, without any reduction, so that it will be established in a thousand six hundred and thirty hours a year, once the time for the holiday period, the holidays and the weekly rest days and for productivity.

However, the exceptions currently laid down in Article 29 of the labour law are maintained.

2. The distribution of the day shall be as follows:

a) Manufacturing Sector.

The daily and weekly distribution of the day will be carried out by the company, after consultation with the workers ' representatives, in the working calendar of each factory, which must be made public before 1 December prior to the year in question.

However, the distribution of time provided for in the said annual calendar may be amended by the undertaking, after consultation with the representatives of the employees, at least one month in advance, when they arise. unforeseen needs or exceptional circumstances of demand or production requiring an alteration of the working hours initially established.

In the fixing of the working calendar, it must be taken into account that, in general, the ordinary working day will take place from Monday to Friday, and may not be longer than eight hours a day or forty hours a week, except in the case of special days referred to in the second paragraph of Articles 16.I. 1.c) and 19 of the Collective Convention 1992-93.

The day of a thousand six hundred and thirty hours will be carried out without altering the criteria currently established in each factory for the operation of the machines, nor the commitment to make the changes of shift with the machines in motion.

Only when the production needs are necessary, a shift of the daily working day will be carried out (bringing forward the entry in the morning shift and delaying the departure in the afternoon) of the staff needed to the manufacturing process can be effective throughout the working time.

Group 4 staff will have an entry tolerance of up to five minutes for three days a month. In addition, it shall have an exceptional margin of tolerance of 10 minutes, with a limit of three days per month and 15 days per year.

The holidays will be enjoyed during the month of July or August, although, in some centers, for production needs, the holiday period will be able to start in the second half of July.

In addition, where demand needs so require, and in order to increase production capacity, it may be established that a certain number of workers continue to provide their services for 15 days or during the the entire holiday period of the factory to which they are attached. In such a case, this circumstance will be communicated three months in advance and the affected workers will enjoy their holidays on other dates, but within the period from July to August.

b) Distribution Sector.

The working day, established in a thousand six hundred and thirty hours a year, will have a linear distribution between all working days, Monday to Friday, in shifts of tomorrow and afternoon, starting the day, in general, at seven and fourteen hours, respectively. However, the agreements adopted or which may be adopted in the corresponding dependencies between the Staff Committee or the Staff Delegates and the Centre Directorate shall be respected within the general trend set out above.

c) Commercial Sector.

The working day, established in a thousand six hundred and thirty hours a year, will be distributed linearly between all working days, Monday to Friday, keeping in any case the shift from Monday to Thursday.

However, the agreements that may be adopted in the corresponding dependencies between the Business Committee or the Staff Delegates and the Management of the Centre will be respected, within the general trend set out above and in agreement with the needs of the sector.

d) Central expendeduria or centres of similar nature.

The working day will be adapted to the needs arising from the opening hours to the public.

e) Working hours and holidays in temporary hiring.

Workers hired on a temporary basis may be excluded-in accordance with the needs of the company at any given time-in the form of distribution of the working day and the dates of enjoyment of the work. planned holidays for the fixed staff of the dependency on which they provide their services.

In any case, the work schedule to be established must respect the minimum daily and weekly rest periods provided for in the Workers ' Statute.

Article 7. Overtime.

All those who exceed the working day set up in the Collective Agreement or those of those workers who, for legal or contractual reasons, have been accredited will have extraordinary hours. individually a shorter working day than the one mentioned above. Their benefit shall be voluntary and shall be recorded on a daily basis, without exceeding the limits laid down at any time by the legislation in force.

In order to reduce the performance of overtime and to facilitate job creation, both parties agree to the implementation of the following criteria:

1. Only overtime to be paid shall be paid in cash:

For the lighting of boilers and commissioning of factories (provided that their elimination is not possible by means of the journey).

To prevent claims or other extraordinary and urgent damages.

For maintenance operations to be performed outside of the workday and with the stops, to prevent the production chain from breaking.

These overtime will be paid with a surcharge of 25 per 100 on the hour value of the ordinary working day corresponding to the year in question. However, where they exceed four hours on a single day, and those which are carried out on public holidays, at night or on a working day other than those laid down for the normal working day, the surcharge shall be 40 per 100. Referred to.

For these purposes, night works will be understood to be carried out between the nine of the night and seven in the morning.

2. In situations of unforeseen production orders, peak periods, accumulation of tasks, etc., the priority criterion will be to create employment by means of the temporary contracts provided for in the chapter corresponding to new professional categories, after consulting the representatives of the workers, who will be given knowledge of each of the situations that occur.

When it is not possible to make such a contract and the overtime is necessary, the overtime shall be compensated by a rest period, equivalent to that of hours.

3. The Employment Committee shall meet at least twice a year in order to analyse and monitor the development of these agreements, for which the company's management will deliver the documentation relating to overtime and the employment created.

Article 8. Paid leave.

1. For assistance to sick relatives.

(a) In case of serious illness or surgical intervention of relatives, within the first degree of consanguinity or affinity, the worker shall be entitled to three days of paid leave. Where, for that reason, you need to travel outside your usual residence, the permit shall be five days, equally paid.

In addition to the above, the worker, as early as possible, will be able to miss work for a maximum period of twelve days, receiving in that time 75 per 100 of his or her salary of qualification or base, in the proven cases of serious illness or surgical intervention of a spouse, children or parents of the worker, and where this is the only person who can attend to that family member.

b) In the case of a serious illness or surgical intervention of relatives, within the second degree of consanguinity or affinity, the worker shall be entitled to two days of paid leave. When for such reason you need to move out of your usual residence, the permit will be four days.

(c) For the purposes referred to in the preceding paragraphs, surgical intervention shall be understood to mean that the patient's internment is necessary in a hospital, and for the determination of the Illness will be given to the opinion of the Medical Services of the company, prior to knowledge of the corresponding medical diagnosis and the circumstances that are present in the patient.

2. By the passing of relatives or assistance to burials.

(a) The staff of the company, with the possible advance notice, may be absent from work for a period of not more than five days, maintaining the right to the collection of the salary, in the duly justified cases of death of the spouse and the children, parents and siblings of the worker concerned.

b) In the case of the death of relatives, within the first and second degree of affinity and the second degree of consanguinity-with the exception of the worker's siblings referred to in the preceding paragraph-, the repaid will be three days. When for such reason you need to move out of your usual residence, the permit will be four days.

(c) In the case of the death of a worker (or of a worker's spouse, parents or children), a representation shall be provided to the burial, composed of workers of the same dependency as the affected person, provided that the sepelium has place within the limits of the province in which the centre of work is radiated and during the working day. Five workers will be included, in the event of the death of the company's staff, and three, in the case of the family members indicated. These workers will not suffer any discount on their emoluments for their attendance at the burial.

d) In the event of the death of uncles, nephews and siblings, both natural and political, until the third and fourth grade, respectively, of consanguinity or affinity, the worker shall be entitled to one day of paid leave to attend the events of the Sepelium.

3. For the purposes referred to in points 1 and 2 of this Article, the couple shall be recognised as being in a stable marital form with at least six months prior to the causative event, provided that at least that person is accredited by the compliance with the following requirements:

(a) The corresponding certificate of coexistence is provided.

(b) the person with whom the person is declared to be living is designated as a beneficiary, without the need for it to be exclusive, in the relevant accident policy referred to in Article 90 (h) of the Annex to the Collective Agreement 1992-93.

4. By reason of marriage.

The worker who will be married will be entitled to 15 days of paid leave. The staff who, in such cases, may opt for the termination of their employment contract or for leave of absence, may not enjoy this benefit.

In the event that a child or brother of workers of the company is married on a working day, he or she will have the right to enjoy a day of leave. This same right may be exercised in the case of the marriage of the father or the mother.

5. By birth.

The worker, advising on possible advance, may miss work for a period of not more than three days, in the case of child birth; at least two of them shall be working. To these unique effects, Saturday will have the festive day consideration.

6. By exams.

The worker who regularly studies academic or professional studies in officially recognized centers may enjoy, during the course of the academic year, up to a total of ten days of paid leave to attend. for examinations, the assistance of which must be accredited by the corresponding certification or similar document to be verified.

In the event that the worker does not credit, to the termination of that, a use exceeding 50 per 100 of the total subjects of his course, or repeat this for any cause, he will not be able to enjoy the ten days of permission to attend examinations, except in the case of proven cases of illness or force majeure.

7. All authorisations relating to paid leave shall be granted to the bodies representing the employees of the centre of work, who shall be required to provide information in cases where there are reasonable doubts for their application. possible concession.

If they were to be denied, prior knowledge of the Committee would also be given, in case the Committee could provide reasons for its possible review.

Article 9. Reduced working day.

1. Those who, for reasons of legal guardian, have at their direct care some less than eight years of age or a physical or mental diminished who does not carry out another paid activity shall be entitled to a reduction in the working day, with the proportional decrease of the salary, between, at least, a quarter and a maximum of half the duration of that.

In the case of a physical or mental reduction or when the age of the child is less than six years, this temporary reduction shall be taken, at the choice of the worker, at the beginning or end of the day and, in his/her case, with the appropriate shift, except in exceptional and duly justified cases where you are free to choose your working time.

However, in cases of extension of the right from six to eight years of age of the child, the reduction in working hours shall be carried out in the manner determined by the Directorate of the Department of the Office, taking into account the productive and organizational needs in the workplace, although always within the worker's usual work shift.

The staff who receive this benefit will receive the incentive for work assistance in their total amount, always, of course, that they fully comply with their new day.

2. In addition, any employee of the company may request a reduction of 50 per 100 of his working time for a period of time which, in no case, will be less than six months and with the proportional reduction of his salary, guaranteeing the return to the previous day after the end of the deadline set for the reduction.

The granting of the application will be discretionary by the company's management, for which the needs of the service, the organization of work and the production process will be taken into account.

The reduction of the day will be carried out, if any, in the form determined by the Management of the dependency, taking into account the needs of the center of work.

In cases where it is essential, external contracting will be put in place on a part-time basis under the conditions laid down in the chapter on new professional categories.

Article 10. Productivity.

As in this chapter, certain measures are taken (new regulation of overtime and paid leave) which may have an impact on the productivity of the company, the National Commission will meet (a) the productivity provided for in Article 5 (3) of the Annex to the 1992-93 Collective Agreement for the purpose of analysing the application of the same, in accordance with the tasks entrusted to it by the Commission.

CHAPTER IV

Professional classification

Article 11. Creation of new professional categories.

In order for "Tabacalera, Sociedad Anonima" to be able to deal with situations arising from:

Extraordinary manufacturing charges.

Launch of new activities or products.

Accumulation of tasks or orders.

Variations or special market circumstances.

Coverage of required functions as a result of the application of the SRE.

It may be necessary to hire workers who perform mainly auxiliary support and collaboration tasks with respect to the rest of the company's staff.

This would also serve to enable the entry into "Tabacalera, Sociedad Anonima" of young workers, without experience in the tobacco sector, but which could start in the company the development of their knowledge and professional skills, which, if necessary, could even lead to the consolidation of an indefinite employment relationship.

Since the functions to be performed assume a lower degree of autonomy and responsibility than those provided for in the currently existing jobs and in the rest of the professional categories regulated in the Convention Collective, it is necessary to establish new professional categories, with the functions, characteristics and rewards that are developed below:

A) New professional categories. Functions:

Operating Auxiliary. -performs auxiliary production tasks, process control, cleaning, transport, storage and handling, as well as any other for which special qualification is not required, with manual means and mechanics to be provided and under direct supervision.

Machinist Auxiliary. -It performs, under supervision, the necessary tasks for the execution of the productive processes, of storage, transport and handling, as well as the operations of start and end of the day. It deals with the operation of the machinery in charge, as well as the quantity and quality of the materials used and the resulting product. Maintains (clean, conserves, etc.) the machinery in charge and the assigned work area.

Maintenance Assistant. -performs the necessary tasks for preventive and corrective maintenance, cleaning, preservation and assembly of machinery and facilities, with manual and mechanical means to be provided and under monitoring in cases where it is deemed necessary.

Commercial Auxiliary. -Promote the sale of products for which no relevant technical training is necessary. Visit clients in an assigned area, promote the product and collect information about market needs and other data that may be of interest to the company. This activity will, in essence, be carried out in the so-called 2. Channel for campaigns to promote specific products and new products and under the supervision that is necessary.

B) Required minimum knowledge level:

Operating Auxiliary: EGB or equivalent.

Machinist Auxiliary: FP I or equivalent.

Maintenance Assistant: FP II.

Commercial Auxiliary: School graduate or similar.

(c) Annual remuneration:

1.

By all concepts

(excluding plus nocturnal)

Operating Auxiliary 1,636,136 pesetas

Pesetas 1.713.295 Machine Auxiliary

Maintenance Helper 1.796,818 pesetas

In the event that some of the contract workers take night shift, they will also receive a plus of a total of Nocturnity for the amount which, after updating, is already included in the salary tables attached to the present text.

2.

Maximum Variable

Commercial Auxiliary 1,200,000 pesetas 1,000,000 pesetas

The variable part of the salary will consist of an incentive for sales, the amount of which will be based on the degree of compliance with the objectives set by the company at any time.

3. Workers employed under this Agreement shall not be entitled to receive the first payment for an Economic period until the equalisation referred to in paragraph E of this Chapter occurs.

4. The annual remuneration referred to in points 1 and 2 of this paragraph shall be updated in accordance with the increases agreed in Chapter II of this Convention for each of the years of its validity.

D) Hiring modes:

The contracts to be made must be adapted to the needs or causes that justify the procurement.

Therefore, if the need for the company is temporary, the contract to be performed must be adapted to the temporary contracting modality for the cause in question in the legislation in force.

On the other hand, if it is a need for a fixed and stable function or position, the contract to be carried out-once the internal promotion processes have been carried out-must have a character final.

In any event, the Intercenters Committee shall be informed of the hiring to be carried out in application of this agreement and of the reasons justifying them.

E) Professional development in the company:

1. The operating auxiliaries, auxiliary machinists and maintenance aids that are contracted with an undivided character, in application of this agreement, will not be able to access the categories of Operaries, Machinists and those corresponding to the personnel Maintenance, up to six years of effective services in the company since its entry as fixed staff.

For these purposes, the time they have worked under the temporary hiring mode will also be computed, provided that there has been no interruption between the contract and the indefinite contract.

The remuneration of these workers will undergo successive increases of 4 per 100 at the start of the fourth and sixth year of service provision in the company, computed as indicated in the preceding paragraphs.

However, such an increase may be modified after negotiation with the workers ' representatives, which shall start three months before the date on which the time limits laid down are met.

2. Commercial auxiliaries who are engaged on an indefinite basis, pursuant to this Agreement, shall not be able to access the category of Sales Agents until six years of effective service in the enterprise, which shall be computed as is indicated in the first two paragraphs of the previous point.

The remuneration of these workers will be increased by 4 per 100 at the start of the fourth year of service provision in the company, and this increase can be modified as indicated in the last paragraph of the previous point.

CHAPTER V

Geographic and functional mobility

Article 12. Forced removal.

1. Where there are economic, technical, organisational or production reasons which justify it, or contracts relating to the business activity, the employees may be transferred to another working centre involving a change of residence. For these purposes, it is understood that there is a need for a change of residence when the distance between the reference urban centres of the two centres of work exceeds 40 kilometres.

Prior to the transfer, the company will open a period of negotiation and consultations with the employees ' representatives, for a maximum period of 15 days, in order to reach an agreement on the needs of the transfer and to the centres where they will be applied.

The agreement will not be reached, the company will take the decision it deems appropriate, in the form established in Article 40 of the Workers ' Statute and with the criteria that are regulated in the following sections.

2. The general criteria that are set out for forced removal are as follows:

Transfers will preferentially affect workers in dependencies where there is excess personnel.

Once the center of where the staff and the number of affected could be transferred, those who, gathering the ideal conditions, voluntarily lend themselves to the said transfer, will have the same treatment the economic situation if they were forced to be forced.

It will be ensured, as far as possible, that the transfer is made to the localities closest to the work centre where the services are being provided.

Transfers shall be carried out in respect of positions of the same remuneration or equivalent professional category.

For the designation of workers, the following aspects shall be taken into account: Aptitude for the job in question, seniority, age and family situation.

Workers over the age of forty-five will only be subject to forced removal for one time during their working life. Minors of that age may not be moved again on a compulsory basis until 15 years after the date of the previous transfer.

3. The workers affected by the shipment shall, as from the date of signature of this Convention, receive the following financial

:

The duly justified amount of the costs of locomotion, packaging and transport of furniture corresponding to the worker and the relatives living in his office.

The amount of twenty-two days of the worker's allowance.

A compensation for housing assistance of 56,826 pesetas per month for four years.

In the event that the worker accredits the acquisition of a dwelling, he/she can receive the compensation in a single payment of 2,727,648 pesetas. In such a case, if the worker unilaterally terminated his contract of employment with the undertaking before four years after the date of the transfer, he must return the proportional share corresponding to the compensation received.

4. The transferred worker will be incorporated into his new destination within ten days of the date on which he causes a low in the previous dependency.

5. Workers who opt for the termination of their contract in the form laid down in Article 40 of the Staff Regulations shall be entitled to compensation of 40 days ' salary per year of service, with a maximum limit of two annuities.

Article 13. Functional mobility.

The functional mobility between the different jobs will be carried out under the conditions laid down in the labour regulations of "Tabacalera, Sociedad Anonima" or, failing that, in the Workers ' Statute.

CHAPTER VI

Social Security in "Tabacalera, Sociedad Anonima"

Article 14. General characteristics of the forecast system.

The workers of the company will enjoy the protection established in the General Social Security Regime for their various contingencies, and according to their own regulations.

However, in application and development of the agreement in the minutes of March 23, 1994, the company's active staff will be entitled to the benefits provided by the "Plan for the Employment of Abacalera, Society". Anonymous '' in the form and conditions that are regulated in its own Rules of Procedure, which is published as an annex to this text.

The company's economic obligations will be those arising from the commitments set out in the Regulation.

Article 15. Benefits directly assumed by "Tabacalera, Sociedad Anonima".

Regardless of the above, the company directly assumes the following capabilities:

a) Marriage award:

Active personnel will be entitled to receive from the company a single provision of marriage under the following conditions:

1. To have a period of seniority in the company of at least two years at the time of the causative event. This condition shall be required only for workers who are admitted after 8 July 1994.

2. To have contracted marriage.

3. The benefit shall consist of the single payment, and for one time, of the equivalent of the monthly amount of the minimum inter-professional salary in force at the time of the occurrence.

b) Birth Award:

Active personnel shall be entitled to receive from the company a birth benefit, at the birth of each legitimate child, legitimated or for adoption, under the following conditions:

1. To have a period of seniority in the company of at least two years at the time of the causative event. This condition shall be required only for workers who are admitted after 8 July 1994.

2. The benefit shall consist of a single payment equal to the monthly amount of the minimum inter-professional salary in force at the time of the occurrence.

CHAPTER VII

Effects of total permanent disability in the employment relationship

Article 16. Staff who have been declared in a situation of total permanent invalidity.

1. Workers who have been declared in a situation of permanent invalidity as a result of an accident at work may request their reinstatement to the active service in the undertaking within one month of the date of the notification. the resolution of Social Security.

The company will only grant reinstatement when there are adequate vacancies to the worker's situation and prior recognition and reporting of the Medical Services of Enterprise, provided that the company is in favour of the possibility of provision of services.

In such cases, the worker's working time must be in line with his or her job performance and the remuneration will be proportional to the day he takes.

2. In cases where the worker's reinstatement is not possible, as well as in situations of total permanent invalidity, which do not result from an accident at work, the termination of the contract of employment, such as Article 49 (1) (e) of the recast of the Law on the Staff Regulations.

CHAPTER VIII

Job Health

Article 17. Updating of the rules.

For the signature of this Convention, and within one month, a Commission shall be set up, consisting of three members representing the Intercentres Committee and three other members representing the company, for adaptation to the new Law on the Prevention of Occupational Risks and its Implementing Rules, of all the provisions established by the Convention to date in the field of Safety and Hygiene at Work and Work Medicine.

The agreements reached by that Commission shall be included as an annex to this Convention, after ratification by the Commission of Interpretation and Surveillance of this Convention.

A period of six months shall be estimated from its constitution until the completion of the work to be carried out.

CHAPTER IX

Interpretation and monitoring of the Convention and out-of-court settlement

of conflicts

Article 18. Commission of Interpretation and Surveillance.

1. Composition:

The two sides agree to establish a Joint Commission as an organ of interpretation and control of the implementation of the agreement, which will be made up of five incumbent Vocals representing the company and five others from the the workers, chosen from among the members who form the Negotiating Commission.

There will also be five substitutes for the company and five for the workers.

Loa Vowels representing the company are:

Headlines:

Don Angel Sastre de la Fuente.

Don Calixto Rios Perez.

Don Angel Zugasti Caldera.

Don Luis Egido Gálvez.

Don Francisco Hernando de Francisco.

Substitutes:

Don Francisco Cordon Baztan.

Don Pedro Magro López.

Dona Maria Teresa Simarro Martinez.

Don Vicente Santamaria de Paredes.

Don Luis Porras Alvarez.

And on behalf of workers:

Headlines:

Don Jesús Martínez Gómez (representing UGT).

Don Manuel Ugarte Villa (representing UGT).

Don Jorge Tomé Sánchez (representing CC.OO.).

Don Rafael Galvan Lerida (representing CC.OO.).

Don Gabriel Bermejo Miranda (representing CTI).

Substitutes:

Don José Luis Díaz Lavada (representing UGT).

Don Francisco Ortega Díaz (representing UGT).

Don Jose Ferreras Benaite (representing CC.OO.).

Don Raul Otero Palau (representing CC.OO.).

Don José Palau Odena (representing CTI).

The Commission shall be constituted within one month of the date of signature of this Convention, and shall meet, in an ordinary manner, once every four months, without prejudice to meetings of an extraordinary nature. which shall be convened at the initiative of any of the parties, which shall be held within a maximum of 10 days from the date of the request.

2. Functions:

(a) In addition to the monitoring and interpretation of the Convention, the Joint Commission is empowered to intervene in all matters and conflicts, individual or collective, to be submitted to it by the parties.

In the collective conflicts arising from the interpretation or application of the Convention, the attempt to resolve them through the Joint Commission will be a mandatory, prior and inexcusable procedure for access to the mediation and arbitration mechanisms provided for in the ASEC (Agreement on the Extracutional Settlement of Labour Conflicts) or, where appropriate, to the judicial route.

In the collective conflicts arising from the interpretation or application of the Convention, the attempt to resolve them through the Joint Commission will be a mandatory, prior and inexcusable procedure for access to the mediation and arbitration mechanisms provided for in the ASEC (Agreement on the Extracutional Settlement of Labour Conflicts) or, where appropriate, to the judicial route.

(b) The Joint Commission shall also understand all matters entrusted to it under the provisions of this Convention.

3. Procedure for action:

The Commission itself will establish, in each case, the operating criteria, seeking as a basic objective that the processing and resolution of the cases be carried out with the maximum objectivity and within a maximum period of 20 days.

The adoption of agreements will require the favorable vote of the majority of each of the two representations.

Article 19. Out-of-court settlement of disputes.

Both parties adhere to the Agreement on the Extractive Solution of Labour Conflicts (ASEC) signed by the most representative Trade Union and Business Organizations dated January 25, 1996 and published in the 'Official Gazette of the State' of 8 February 1996.

ANNEX 1

Pay tables. Year 1996

Groups 1. º-2.

1. Base salary or rating:

Pesetas

Monthly/Levels

I. //436.445

II. //334,317

III. //303.029

IV. //261.153

V. //234,966

VI. //217.436

VII. //193.073

VIII. //181.379

IX. //175,317

2. Personal supplements.

2.1 Regular augments for years of service.

Pesetas

Monthly/Levels

I. //5.523

II. //5,503

III. //5.483

IV. //5.403

V. //5.393

VI. //5.383

VII. //5.183

VIII. //5.093

IX. //4,972

2.2 Graphics by shorthand.

Pesetas

Monthly/Levels

VIII. /Administrative auxiliaries/8.483

3. Job supplement.

3.1 Chart for Day 19,963

4. Complement of quality or quantity of work.

4.1 Assistance Incentive.

Daily Pesetas

Continuous Day/559.90

Day Item/693.50

Group 3.

1. Base salary or qualifying salary.

Pesetas

Monthly/Levels

IX. //182,604

VIII. //174,433

VII. //172,636

VI. //168.411

V. //164,823

IV. //158,928

III. //145,601

II. //112,638

2. Personal supplements.

2.1 Regular augments for years of service.

Pesetas

Monthly/Levels

IX. //5.023

VIII. //4,972

VII. //4,912

VI. //4,862

V. //4,822

IV. //4.802

III. //4,682

II. //3.044

3. Job supplement.

3.1 Gratification for a day reason.

Pesetas

Monthly/Levels

VIII. /OO Driver. CC. /29.943

III. /Chief Team Cleaning OO. CC. /9.991

4. Complement of quality or quantity of work.

4.1 Assistance Incentive.

Daily Pesetas

Continuous Day/763.90

Heading/897.70

Group 4.

1. Base salary or qualifying salary.

Daily Pesetas/Levels

XII. //7.295.90

XI. //6.967.10

X. //6.638.50

IX. //6.309.50

VIII. //6.028.60

VII. //5.666.00

VI. //5.354.60

V. //5.164.40

I. //3.718.30

2. Personal supplements.

2.1 Regular augments for years of service.

Daily Pesetas/Levels

XII. //176.10

XI. //173.40

X. //170.40

IX. //167.70

VIII. //165.20

VII. //161.90

VI. //159,30

V. //157.70

I. //152.10

Also, the gratification established in Article 20 of the Collective Agreement of 1975, with the conditions expressed in that text, for those persons who perform the position of Head of Equipment, is fixed at 155,60 pesetas daily.

3. Complement of quality or quantity of work.

3.1 Assistance Incentive.

Daily Pesetas

Continuous Day/968.00

Day Item/1.101.50

Diets by Service Commission

Daily Pesetas

Full Diet/12,380

Field Gratification/3.270

The amount to be charged per kilometer traveled with your own vehicle is set at 37.10 pesetas.

The amount to be charged per kilometer traveled with your own vehicle is set at 37.10 pesetas.

Job Plug-in

The gratification set out in the 1981 Collective Agreement for the Serenes and Watchers is fixed at 22 per 100 of the salary of their level, as set out in Article 8 of the 1988 Collective Agreement.

Gratification by fund management

Pesetas/year

Up to t200 million/31,773

More than 200 million up to 500 million/39,398

More than 500 million up to 1 billion/47,023

More than 1 billion up to 2 billion/55,918

More than 2 billion up to 3 billion/64,814

More than 3 billion up to 4 billion/74,982

More than 4 billion up to 5 billion/85,149

Over 5 billion to 6 billion/96,588

Over 6 billion to 7 billion/108,024

Over 7 billion to 8 billion/122,003

More than 8 billion up to 9 billion/128,619

More than 9 billion up to 10 billion/137,391

Over 10 billion up to 11 billion/152,275

More than 11 billion up to 12 billion/169,450

Over 12 billion to 13 billion/186,623

More than 13 billion up to 14 billion/206,089

Over 14 billion up to 15 billion/230.343

More than 15 billion up to 20 billion/260.285

Over 20 billion to 25 billion/293,642

More than 25 billion up to 30 billion/331,827

Over 30 billion to 35 billion/374,844

Over 35 billion/421.698

Plus productivity

It is set at 135,202 pesetas for this year.

New Professional Categories

1. Base salary.

Pesetas/month

Operating Auxiliary/106,615

Commercial Auxiliary/77,325

Pesetas/day

Operating Auxiliary/3.514.80

Machinist Auxiliary/3.689.60

Maintenance Helper/3.878.90

These amounts will be collected in 15 pages.

2. Nocturidad.

Pesetas/hour

Operating Auxiliary/252.30

Machinist Auxiliary/264.80

Maintenance Helper/278.40

3. Maximum amount to be charged as a variable part of the salary.

Pesetas/year

Commercial Auxiliary/1,031,000

4. Plus productivity.

Pesetas/year

Operating Auxiliary/87,635

Machinist Auxiliary/87,635

Maintenance Helper/87,635

Commercial Auxiliary/77,325

ANNEX 2

"Tabacalera, Sociedad Anonima" Pension Plan Regulation

Article 1. Name and object.

This pension plan is called the "Plan for the Pension of the Abacalera, the Anonymous Society", which is constituted by the transformation of the Social Welfare of Tabacalera and by reason of the agreement reached in the Convention. Collective, in accordance with the provisions of the first transitional provision, point 1 (a) and point 6 of Law 8/1987 of 8 June.

Article 2. General principles.

The general principles that govern this plan are as follows:

1. Non-discrimination: To whose end access is guaranteed as part of the pension plan, at any time, to all workers of "Tabacalera, Sociedad Anonima", provided that they meet the requirements of the plan.

2. Capitalization: The pension plan is based on the financial and actuarial system of collective capitalization.

3. Irrevocability: The contributions of the sponsor to the pension plan are irrevocable since they are due in accordance with the requirements of this Regulation, irrespective of the time of their disbursement. cash.

4. Attribution of rights: The contributions, direct or imputed, of the members to the pension plan, determine their consolidated rights and, ultimately, the benefits of the beneficiaries in the terms established by this Regulation.

5. Compulsory integration: The economic contributions to which the sponsor and the unit-holders are obliged, as well as any other assets attached to the plan, shall be immediately and necessarily incorporated into the pension fund to which the sponsor is assigned. present plan.

Article 3. Legal regime.

The pension scheme will be governed by the articles of this Regulation, by the provisions of Law 8/1987 of 8 June, of Regulation of the Pension Plans and Funds, Royal Decree 1307/1988 of 30 September 1988, by which The Regulations and Pension Funds are approved, and any other laws or regulations that may be applicable to them.

Article 4. Mode.

The pension scheme belongs to the modality of the employment system, on the basis of the constituent subjects, and to the mixed mode on the basis of the obligations and contributions stipulated.

Article 5. Attachment.

The plan is attached to the pension fund called "Pension Fund VI, Pension Fund", registered in the Administrative Register of Pension Funds of the Directorate General of Insurance of the Ministry of Economy and Finance With the number F-0363, as well as in the Mercantile Register of Madrid to the volume 5,361, sheet 1, section 8, sheet M-87844, the contributions to the plan are necessarily integrated in this fund.

SECTION 1 OF THE PARTICIPANTS

Article 6. Participate. Subscribe to the plan.

1. Natural persons who fulfil the prior condition of the sponsor's employee and who have acceded to the pension scheme shall be members.

2. They will be able to access the pension scheme:

(a) Employees with an indefinite contract of employment: From the time they exceed the test period.

(b) Employees with a temporary employment contract: From which they are at least two years old in the company.

3. The employees of the promoter who, in the context of a job-regulation file, are engaged in the pre-retirement situation, may be kept in the employment pension scheme of "Tabacalera, Sociedad Anonima" with the consideration of participants in the the situation of assimilation to the high level, with equal rights and obligations as the rest of the unit-holders (1).

Article 7. High of the participant.

Any employee who is in a position to access the plan, to comply with the requirement set out in the previous article, and wishes to exercise the right of accession, shall inform the Control Committee of the plan in writing, may submit the application to the sponsor for the purpose of processing. The date of your discharge will correspond to the date of communication indicated above.

Elapsed a calendar year, from the date on which the employee was able to access the condition of participation, without exercising his right of accession, he will not be able to have a new period until three years after the the end date of the previous one, and so on.

The employee who may become a member of the first year referred to in the preceding paragraph shall not, at the time of exercising his or her right of accession, contribute to the pension plan the amount equivalent to the actuarial capitalisation of the corresponding contributions, both direct and imputable, from the end of that year and up to the date of the exercise of effective accession. In case of exceeding the legal maximum limit at each time established for the purposes of maximum contributions to pension plans, the said amount shall be reported in

the minimum possible time, timely updated.

For the purposes of the preceding paragraphs, the sponsoring undertaking shall communicate to the Control Board, as of the date on which the test period is exceeded, the number of new hires for an indefinite period of time. they are produced in the same, as well as the two-year-old performance in the case of temporary hiring.

Article 8. Rights of members.

Policy, economic and information rights, regulated in the following sections, will be provided to participants in the plan:

A) Political Rights:

1. The political rights of members are based on the principle of equality and will be inalienable.

2. All participants shall have the qualities of electors and electors, for the election of their representatives in the Control Committee of the plan in accordance with this Regulation.

3. The members will have the absolute majority in the management and control of the development of the pension plan, which will be exercised through the control committee of the plan.

B) Economic rights:

1. The ownership of the property resources affected to the plan.

2. The consolidated rights derived from contributions or contributions, direct or imputed, and from the financial-actuarial scheme of collective capitalization applied by the plan.

3. The power to mobilise their consolidated rights in the cases and forms provided for in this Regulation.

C) Information rights:

1. By application in writing to the Control Board, members shall have the right to know any aspect of the operation or the overall results of the plan, which shall be answered in writing within a maximum of 40 years. and five calendar days counted from the petition, except that it, in the opinion of the Control Committee, could seriously endanger the legitimate interests of the plan, in which case it may refuse it.

(1) Drafting approved at the meeting of the Control Committee dated September 13, 1995.

2. Each participant shall receive, on an annual basis, minimum information consisting of:

(a) A certification of the contributions made during the year, indicating the part of the contributions for the additional invalidity and death cover.

b) A certification of the value of their consolidated rights as of December 31 of each year.

3. In addition, an extract containing the most important agreements adopted by the Control Commission and the evolution of the profitability obtained by the fund's investments will be received, semi-annually.

Article 9. Obligations of members.

You will have the following obligations:

1. Make the contributions or contributions provided for in this Regulation, without prejudice to the provisions of the following Article.

2. To provide the sponsor or the Commission of Control of the plan with the personal and family circumstances required, as well as any changes to the data communicated.

Article 10. I took part in suspense.

In case of suspension of contributions, direct or imputed, the participant will have the consideration of a suspended participation.

The suspended members have the right to restore their status in the plan after the cessation of the suspension, in which case they will have to pay the whole of the contributions, both direct and The amount of the pension fund shall be calculated on the basis of the interest earned by the pension fund during the period of suspension (2).

Article 11. Low of the participant.

1. The absence of the participation in the plan may occur for one of the following reasons:

(a) By termination of the employment relationship with the promoter, which will have effects from the day on which it is produced and must be communicated by the promoter to the Control Commission of the plan, the subject that has ceased to be be involved in the integration of their consolidated rights into the pension scheme designated by it in accordance with Articles 47 and 48 of this Regulation (3).

(b) By the end of the plan, the subject who has ceased to be a participant shall be involved in the integration of his or her consolidated rights into the pension plan which he himself designates, in accordance with the provisions of Articles 47 and 48 of the This Regulation.

2. At the time of the participation's absence, the company shall inform the Control Board of the plan so that it is, in turn, the transfer of that communication to the managing body, together with all the data necessary to determine the amount of its consolidated rights.

SECTION 2 OF THE BENEFICIARIES

Article 12. Definition of beneficiary.

It will be beneficiaries of the plan those natural persons who, having been or not members of it, are entitled to the perception of benefits, in accordance with the specifically regulated in each contingency.

Article 13. Rights of beneficiaries.

Corresponding to the beneficiaries of the plan, the political, economic and information rights regulated in the following paragraphs:

A) Political Rights:

1. All beneficiaries of pension under payment will have the quality of electors and eligible in the Control Commission of the plan, in the terms provided for in this Regulation.

(2) Drafting adopted at the meeting of the Control Committee dated October 19, 1995.

(3) Drafting approved at the meeting of the Promoter Commission dated October 20, 1994.

2. It will be for the beneficiaries to hold the absolute majority of the control committee of the plan, when in the development of the plan it will remain uninvolved.

B) Economic rights:

1. To receive the benefits provided for in this Regulation when the contingency laid down in the plan has occurred.

2. To receive the benefit that could be provided from the amount of the existing consolidated rights at the time of the contingency, if the participant had the consideration of suspense at that time.

3. The ownership, together with the members, of the property resources affected to the plan.

C) Right of information:

1. By application in writing to the Control Board, the beneficiaries shall be entitled to know any aspect of the operation or the overall results of the plan, which shall be answered in writing within a maximum of Forty-five calendar days counted from the request, unless the latter, in the opinion of the Control Committee, could seriously endanger the legitimate interests of the plan, in which case it may refuse it.

2. Each beneficiary shall receive, on an annual basis, a certification of the benefits payable and the tax deductions carried out at 31 December of each year.

3. In addition, every beneficiary shall receive, in semi-final terms, an extract containing the most important agreements adopted by the Control Board and the assessment of the profitability obtained by the fund's investments.

Article 14. Obligations of the beneficiaries.

The beneficiaries will be obliged to provide the Commission of Control of the plan with the personal circumstances required, and may also submit it to the promoter for the purpose of the corresponding processing.

In any event, the benefits caused shall not be paid to the beneficiary until, in the opinion of the Control Board, his/her identity is sufficiently accredited.

SECTION 3 OF THE PLAN PROMOTER

Article 15. Promoter of the plan.

The promoter of the plan is the commercial company "Tabacalera, Sociedad Anonima".

Article 16. Rights of the promoter.

The promoter will have the following rights:

1. To be represented in the Control Committee of the plan by the number of members that correspond to it according to the specifications of this Regulation.

2. Any other that may correspond to the attribution of laws, regulations or the present plan.

Article 17. Obligations of the sponsor.

It is the promoter's primary obligation to make contributions or contributions in favour of its employees, in the amount established in this Regulation. It is also obliged to provide the information required by the Control Committee to the members of the Board in order to carry out the relevant actuarial assessments.

SECTION 1

Article 18. Contingencies.

Contingencies are the assumptions in fact that give rise to the benefits of the plan.

Article 19. Contingencies and benefits covered by the plan.

1. These are covered contingencies, the following:

a) Retirement by age.

b) Total and absolute permanent validity.

c) Death.

2. The benefits will be as follows:

(a) Income from retirement, invalidity, widower, orphans and in favour of family members.

b) Capital for retirement and death.

Article 20. Provision.

Consists of the provision in the recognition of an economic right in favor of the beneficiaries, as a result of the occurrence of a contingency covered by the plan. The amount shall not be revalued.

Article 21. Amount of benefit.

In accordance with the provisions of Article 3 of the Pension Plans and Funds Regulation, the benefits of this plan are constituted by the amount resulting from the specific regulation of each contingency.

Article 22. Benefit regulatory base.

1. The regulatory basis for benefits for all unit-holders, with the exception of paragraph 2 of this Article, shall be the ratio resulting from dividing by 14 the result of the following operation:

(a) The amount of the regulatory assets collected during the 12 months immediately preceding the causative event shall be added. If this period were to be understood for months of different years, the regulatory assets corresponding to the first year shall be updated in the proportion that for the same period the regulator would have been agreed in the second year.

b) The following items are subtracted:

6 per 100 of the sum of the social security contributions bases for common contingencies of the last twelve months.

The contribution rate of the unit-holders (Article 41.1) of the arithmetic sum of the regulatory assets accrued over the last 12 months.

c) For the purposes of the calculation of the regulatory basis, in the event that at the time the contingency occurred the full period of twelve months would not have been due, the months with the pro rata of the securities shall be completed known.

2. A participant who is a member of the suspended participation shall have as a basis of his or her benefits the professional category and contribution base which he or she holds on the date on which he acquired such a condition, provided that where that regulatory basis does not exceed that which would be equivalent to the financial capitalisation of its consolidated rights from the time of access to the said situation.

Article 23. Application and supporting documentation.

1. The beneficiary shall request the provision in writing addressed to the Control Board of the plan, which shall transfer the plan to the managing body. The application must accompany the documentation sufficient to establish the occurrence of the contingency.

2. Upon receipt of the request by the managing body, the managing body shall inform the beneficiary of the amount and form of payment of the benefit within a maximum of one month from the receipt of all necessary documentation.

Article 24. Payment of benefits.

1. The benefits shall be payable from the day following the date on which the reason for the application is made, in accordance with the rules of this Regulation for each contingency, and their payment shall be made for months due to the beneficiaries themselves, to their legal representatives or persons duly authorised to do so, with double-pension payment in the months of recovery of the extraordinary payments referred to in the first subparagraph of point (c) of this Regulation, unless appropriate proportional payment of the said extraordinary payments on account of the calculation since the date of the event or the disappearance of the right.

2. The monthly payments to the person or natural persons to whom they are legally applicable shall be given to the person or natural persons to whom a beneficiary has accrued and not received. If the limitation period, as set out in Article 26 of this Regulation, has not elapsed, and no application has been made, the amount shall be for the benefit of the plan.

Article 25. Cessation of the perception of benefits.

The benefit perception will be terminated in the following cases:

1. The retirement pension, due to the death of the beneficiary, expresses the same or loss of entitlement under the review of its concession file by the Control Board.

2. Pensions for invalidity, widowage, orphanages and in favour of family members shall be extinguished by the causes laid down in the specific rules of each of the contingencies mentioned.

Article 26. Prescription.

Unless otherwise provided by the statutory or statutory rules on pension schemes and funds, the right to claim the benefit shall be prescribed within five years from the day following that of the date of occurrence of the causative event.

SECTION 2. RETIREMENT BENEFIT

Article 27. Causative event and amount.

1. Members who reach the age of 64 shall be entitled to the retirement pension.

2. The retirement provision shall be obtained by applying to the regulatory basis defined in Article 22 of the type indicated on the following scale:

a) For the first ten years of trading, 1 per 100 per year.

(b) From 10 years of age, for each additional year, 0,48 per 100 per year, up to the maximum limit at 35 years or more.

SECTION 3. ABSOLUTE PERMANENT DISABILITY BENEFIT

Article 28. Causative event and amount.

They will have the right to charge an absolute permanent disability benefit when the General System of Social Security recognizes them.

The benefit shall be 14 per 100 of the regulatory basis defined in Article 22 of this Regulation.

The benefit shall be extinguished if the beneficiary loses his or her corresponding right in the General Social Security Scheme.

This contingency may be secured by the pension plan through an insurance contract.

SECTION 4. TOTAL PERMANENT DISABILITY BENEFIT

Article 29. Causative event and amount.

They will have the right to receive a full permanent disability benefit when the General System of Social Security recognizes them.

The benefit shall be a sum of 16 per 100 of the regulatory basis defined in Article 22 of this Regulation.

The benefit shall be extinguished if the beneficiary loses his or her corresponding right in the General Social Security Scheme or becomes a higher degree of invalidity.

This contingency may be secured by the pension plan through an insurance contract.

SECTION 5. PERFORMANCE BY WIDOWER

Article 30. Causative event and amount.

You will have the right to charge the survivor's or the deceased beneficiary's surviving spouse.

For the purposes of this Regulation, mere co-existence at the level of marital union shall in fact be fully assimilated to the status of spouse, provided that they are credited to the Committee on the Control of the Plan as their duration has not been less than one continuous year and the relevant test designation in favour of the beneficiary.

The benefit shall be 10 per 100 of the regulatory basis defined in Article 22 of this Regulation, for the staff in active employment, and the one giving rise to the retirement or invalidity pension, for the taxable person.

The right will be extinguished when the beneficiary loses the condition by virtue of which the benefit was recognized.

This contingency may be secured by the pension plan through an insurance contract.

SECTION 6. ORPHAN BENEFIT

Article 31. Causative event and amount.

The natural or adoptive children of the deceased person or beneficiary, under the age of 18 years and until they meet that age, shall be beneficiaries of an orphan benefit. In the case of children who are unfit for work, the age limit set out in the previous paragraph shall not apply.

The benefit shall be 10 per 100 of the regulatory basis defined in Article 22 of this Regulation, for the staff in active employment, and the one giving rise to the retirement or invalidity pension, for the taxable person.

In the case of an absolute orphan, this benefit will be increased by the amount corresponding to the amount of widowage, being distributed in proportion to the beneficiaries, if they were several.

The right to benefit shall be extinguished where the beneficiary over 18 years of age shall reach or regain the capacity to act.

This contingency may be secured by the pension plan through an insurance contract.

SECTION 7 DEATH BENEFIT

Article 32. Causative event and amount.

The following people will be eligible for a death benefit and in the order they relate:

1. No prejudice to the provisions of the Civil Code in succession, the persons expressly designated by the participant, by writing to the Control Committee at the time of joining the plan or in any other another moment later.

2. The surviving spouse.

3. The children of the active participant.

The beneficiaries of retirement or invalidity benefits may transform the single payment into a life income of an amount equal to the actuarial value of the lifetime of invalidity or retirement. If the person concerned has not exercised the right, the spouse or children who have been appointed by communication to the Control Board shall be entitled to the benefit. In the absence of such a designation, the benefit shall be received by the spouse and, failing that, by the children.

The benefit shall consist of a single payment equivalent to 10 monthly payments of the regulatory basis defined in Article 22 of this Regulation.

SECTION 8. TH SINGLE RETIREMENT PAYMENT BENEFIT

Article 33. Causative event and amount.

1. Members who reach the age of 64 years shall be eligible for a single retirement benefit.

2. The benefit shall consist of a single payment of 10 instalments of the regulatory basis defined in Article 22 of this Regulation, which shall be payable at the rate of 10 per 100 per year during the first 10 years of the contribution. However, on the basis of a communication from the participant to the Control Board, the single payment may be converted into a lifetime income equal to the actuarial value of the benefit to be paid in conjunction with his retirement provision.

SECTION 9. BENEFIT FOR FAMILY MEMBERS

Article 34. Causative event and amount.

1. The benefit of this benefit is only one of the deceased, single or separated, of the deceased, who has lived with him, at least for the last two years, is in charge and does not receive or receive a pension exceed 10 per 100 established as a benefit for this contingency, and provided that the beneficiary has at least 60 years of age.

2. The benefit shall be 10 per 100 of the regulatory basis defined in Article 22 of this Regulation for the staff in active employment. Where the beneficiary receives remuneration, the sum of the remuneration and the benefit established by this contingency may not exceed 10 per 100 of the regulatory basis, so that the benefit would be in line with the difference between the remuneration and the corresponding 10 per 100, without in any case the sum of the two exceeds the amount corresponding to the percentage.

Article 35. Composition.

1. The operation and implementation of the plan shall be supervised by the Control Board.

2. The Control Commission shall be composed of nine members: Five representing the members, three representing the promoter and one representing the beneficiaries.

Until the number of beneficiaries is divided by six, there will only be one single school comprising members and beneficiaries. In the event that the beneficiaries exceed the number of members divided by six, they will elect a representative in an independent college, with five representatives for the participants. As long as this situation does not occur, the member concerned shall be assigned to the members.

3. The members of the Control Board shall be appointed for four-year periods and may be re-elected. The renewal of the elected representatives will be done by halves. As a result, half of the components elected in the first process of establishment of the Control Commission must be renewed at two years, proceeding by agreement between them, or in their default, by lot, to determine the representatives to be replaced.

4. The Control Committee shall elect from among its members a President and a Registrar, who shall be responsible for the tasks provided for in this Regulation and in the legal provisions.

5. The condition of a member of the Control Committee, representing the members and beneficiaries, is lost in the course of the period for which he was appointed, by resignation, disablement or incapacity, both of which were declared judicially, and by loss of the status of a participant or beneficiary. The vacant post shall be filled by the alternate of the candidate elected member of the Control Committee.

Article 36. Representatives of the sponsor.

1. The representatives of the sponsor shall be the persons appointed for that purpose, at any time, and shall be confirmed or replaced at the end of four years in office.

2. The promoter's representatives shall be revoked by the sponsor at any time.

Article 37. Procedure for the election of representatives of members and beneficiaries.

The members of the Plan Control Committee representing participants and beneficiaries will be chosen in accordance with the following rules:

1. Electors and electors: Members and beneficiaries will have the status of electors and beneficiaries, within their respective electoral college.

2. Electoral colleges: The electors and eligible shall be grouped in two electoral colleges, one for the members and one for the beneficiaries, in the latter case provided that the provisions of the second paragraph of Article 35 are complied with. of this Regulation.

3. Candidates:

A) It will be candidates who are eligible to be included in the lists of legally constituted workers ' unions.

B) They will also acquire the status of candidates who are eligible and upon declaration of conformity by signing them, be presented in a list that is endorsed by a number of signatures of voters higher than 15 percent. 100 of the total members of the electoral college.

C) Both in one case and in another case, the lists may contain as many candidates and their corresponding alternates as posts to be filled.

D) The waiver or loss of the eligible condition will not in any case imply that the remainder of the list is invalidated.

4. Central electoral table: The central electoral bureau is a collegiate body that is established to promote the electoral process and verify its legality.

It will consist of three full members and many other alternates, who will hold the posts of President, Secretary, and Vocal. Its designation will be carried out by means of public sweepstakes carried out among the voters who meet the condition of active participants and belong to the "Tabacalera, Sociedad Anonima" in the city of Madrid. The membership of any electoral table is incompatible with the status of candidate.

The central electoral table agreements will be adopted by a simple majority. In the event of a tie the vote of the President will be decided. The minutes corresponding to the signature of the Registrar and the endorsement of the President shall be drawn up for each session.

They will form part of the central electoral table, with a voice but without a vote the controllers appointed by the candidates and the promoter of the plan, who will have the right to obtain an informed copy of the minutes or, if necessary, certification of the agreements at the table.

5. Auxiliary electoral table: In order to facilitate voting and counting, at least one auxiliary table will be set up at each work center. Its designation and operation shall be analogous to the provisions of the central electoral bureau.

6. Voting rights: The vote is personal, free, direct and secret. The delegated vote shall not be accepted. It will not be possible to vote more than once, in each electoral college.

7. Electoral procedure:

7.1 Initiation: The plan's control committee will convene the electoral process in advance of three months to the date of the end of the electoral mandate, or when two of the representatives of the Once the holders and alternates of the elected candidates have been exhausted. To this end, it will publish the notice of convocation, pointing out the number of posts to be filled, and urging the constitution of the electoral table.

The central electoral bureau must be established within seven working days of the elections.

7.2 Verification and publicity of the electoral census: The central electoral bureau shall request from the Commission of the plan, the electoral census of participants and beneficiaries, proceeding to their verification and publicity for a period of seven years. business days, during which the claims will be received that will resolve in the following three working days.

7.3 Presentation and Proclamation of Candidates: Finalized the operations concerning the electoral census, the central electoral bureau will immediately open a three-day deadline for the submission of candidates. a proclamation of the candidates fulfilling the requirements laid down on the following working day. Against agreements which the proclamation considers to be appropriate or inappropriate, a period of three working days shall be given for its challenge.

7.4 Date, time and place of voting: After the proclamation of candidates and with at least ten days in advance, the central electoral bureau shall fix the day, the timetable and the place or places of the vote, taking into account Account shall be taken of the vote taking place before the date of expiry of the electoral mandate, with the exception of the elections to be held on the date fixed by the Promoter Commission. It shall also require the establishment of the auxiliary tables, where appropriate.

The vote cannot be held on Saturdays, Sundays or public holidays, nor the period from 15 July to 15 September and between 15 December and 15 January.

7.5 Characteristics of ballot papers, on and ballot boxes: All candidates and their alternates will be on a single ballot grouped by candidates. A blank box will appear to the left of the first and last name, which can be filled with the symbol "X". To the right of the name it will appear in parentheses, the acronym or the name

(5) Drafting approved at the meeting of the Protora Commission dated January 31, 1995.

of the candidacy under which it is filed or the denomination of "independent". Each voter can point out at most, as many candidates as posts to cover. Nominations may be drawn up in order to make it easier for voters who want the option to choose.

In any case, the central electoral bureau shall fix the dimensions, colour, typography and symbols of the ballot paper, as well as the characteristics of the envelopes to be used to contain them. It will also determine the number and characteristics of the ballot boxes to be used and any other type of election material.

7.6 Voting Act: The day indicated by the electoral table and the place or places indicated will take place the voting event. Voters shall take a ballot to fill in, if appropriate, and shall enter them into the envelopes for the purpose. Then they will approach the table, checking their identity and school to which it belongs; the President of the table will introduce the envelope in the corresponding ballot box, taking note that the voter has voted. At the place of the vote, no electoral propaganda or any act of any kind that would result in the undue favor of any of the candidates or candidates will be permitted.

7.7 Vote by Mail: The procedure to exercise the right to vote by mail will be in accordance with the following rules:

1. Request to the electoral table: When an elector provides that the voting date will not be in the place that the right to vote will correspond to him, he will be able to cast his vote by mail, after communication to the electoral bureau with a vote. at least 10 days before the date on which the vote is to be held.

The request can be performed in the following ways:

a) By written personally delivered to the electoral table, which corresponds to it.

(b) By registered post, the identity of the sender must be recorded by due diligence in the application by the Post Office or by a bank.

2. Endorsement of the petition: The voter's request is received, the electoral bureau will check that it is included in the list of voters, proceeding to write the petition.

3. Reference of the electoral documentation to the person concerned: The electoral bureau shall deliver or transmit the ballot papers and the corresponding voting envelope, if the person concerned has stated so.

4. Sending of the vote to the electoral table: The elector will introduce the ballot that he chooses in the envelope, which will close and be, in turn, together with the photocopy of the national identity document, in another of greater dimensions that he will send to the table election by registered mail.

Received the certificate, shall be kept by the Secretary of the electoral bureau until the vote, who, at the end of the vote and before the vote will begin, will deliver it to the President who will open it, and By identifying the voter with the national identity card, he will introduce the ballot in the ballot box.

It will be null and void any vote issued by mail in which the application or the due diligence of the application has been omitted.

7.8 Scrutiny: Finished the act of the vote, will proceed publicly to the opening of the ballot boxes and to the scrutiny of the ballot papers.

No blank votes shall be considered void, those with amendments, tachings or similar alterations, as well as those in which the number of candidates for which they have been issued has been given the highest number of candidates on a ballot not authorized by the electoral bureau and those corresponding to a different electoral college than that of the respective ballot box.

The posts to be filled will be attributed to the candidates who have obtained the highest number of votes.

Scrutiny shall be carried out on the corresponding record in which the number of voters, valid and null ballots, as well as the claims and resolutions adopted for that purpose, appear. A copy of the minutes shall be given to the auditors accredited to the electoral bureau.

8. Credentials and certifications: The electoral table will issue the corresponding credentials in favor of the elected candidates, with the power to execute all the rights inherent in the condition of members of the Control Commission of the plan.

9. Other formalities: The results of the vote will be communicated to the voters by insertion into bulletin boards or note in the usual means of communication with the members of the pension plan.

10. Complaints: Claims shall be filed with the electoral bureau within three working days from the time the contested act took place. The agreements may be brought before the competent jurisdiction.

11. Electoral means: The promoter of the plan shall be obliged to provide as many means as are necessary for the conduct of the electoral operations described above.

12. Non-interference of the promoter: The promoter of the Plan shall refrain from intervening in a discriminatory manner or disadvantaging any of the candidates who are present at the election.

13. Right of Order: For the interpretation of this electoral law, the regulator of the Trade Union Regime and, failing that, the General, is established as a right.

Article 38. Operation.

1. The Control Board shall meet necessarily within the first half of each financial year. It may also meet as many times as convened by the President, on his own initiative or at the request of a third or more members, at least seven days in advance, except in cases of urgency which may be reduced to 40 and eight hours, including, in any case, the order of the day.

2. Attendance at meetings of the Commission may be personal or by representation conferred on another member of the Commission. The representation shall be exercised by means of delegation expressed and written for each meeting, without any member being able to hold more than one delegated representation.

3. The date on which the next meeting is to be held may be set by the Control Committee at each meeting.

4. For the valid constitution and holding of the meetings of the Control Committee, the presence of half more of its components will be necessary.

5. Each member of the Control Board shall have one vote. The right to vote may be exercised through another member by means of the delegated representation referred to above. The Control Committee shall adopt its agreements with the votes of half plus one of the members present and represented. However, for the modifications to the plan, as well as the designation or replacement of the managing and depository entities, the special majority of the four fifths or more of all the members of the Control Board will be required.

6. The minutes of the meeting shall be signed by the Secretary and the President and shall contain the discussions in a succinct form and the text of the agreements.

Article 39. Functions.

The Plan Control Commission will have the following functions:

1. Monitor compliance with the plan's clauses in all matters relating to the rights of members and beneficiaries, and to resolve any claims made by them. To request, where appropriate, what proceeds to the pension fund or the managing body.

2. Select the actuary or actuaries to certify the situation and dynamics of the plan, as provided for in this Regulation.

3. Appoint the representatives of the control committee of the plan in the control committee of the pension fund to which it is attached, unless both agree because the fund is only attached to the present plan.

4. To propose any amendments it deems relevant to contributions, benefits or other variables arising from the actuarial revisions required by this Regulation.

5. Monitor the adequacy of the balance of the plan's position account in the pension fund, to the requirements of the financial regime of the plan itself.

6. To represent the interests of the members and beneficiaries of the plan before the managing body of the pension fund.

7. To propose and, where appropriate, to decide on the other questions on which the legal provisions and this Regulation confer jurisdiction on them.

SECTION 1 OF THE CONTRIBUTIONS

Article 40. Determination of the promoter's contributions.

1. The sponsor, on a monthly basis, shall make a contribution by a participant consisting of 8,30 per 100 of the regulatory salary accrued by the latter during that period.

2. If within 30 days of the accrual of the wages, the company has not entered its corresponding contributions, a late surcharge equal to the current basic rate of the Banco de España may be applied, increasing by five years. points, to count on the last day on which it was due.

Article 41. Determination of the contributions of the unit-holders.

1. Each unit-holder, on a monthly basis, shall make a contribution consisting of 2 per 100 of the regulatory salary accrued by the latter during that period.

2. It will be the responsibility of the company to retain each participant, at the time of payment of their salary, their corresponding contribution and to pay to the pension plan.

Article 42. Address for payment of the contributions.

The payment of the contributions, both from the promoter and the unit-holders, will be made at the company's registered office.

Article 43. Suspension of contributions.

A) Suspension of the contributions of the sponsor and members:

The suspension of the promoter's contributions and unit-holders will only occur in the following cases:

a) From the date when the participant for his/her condition becomes a beneficiary.

(b) In the case of suspension of the employment contract in accordance with Articles 45 and 46 of the Staff Regulations, except for the alleged temporary incapacity for work, in which the shares of the sponsor and the members shall be paid by them in the form laid down in this Regulation, and the exceptions provided for in paragraph B) of this Article.

B) Suspension of the contributions of the members and the obligation to assume the payment of the same by the promoter.

In the case of compulsory military service or replacement social provision, provisional invalidity of the participant, maternity of the working woman and/or adoption of less than five years, the contribution corresponding to the participation, together with the sponsor, they shall be paid by the sponsor during and as long as the above situations are maintained.

C) Faculty of the participants to continue the plan without acquiring the status of participating in suspense.

In the cases referred to in points (a), (b), (f), (g), (h), (i), (j), (l) and (m) of Article 45.1 of the Staff Regulations, as well as those provided for in Article 46 of the same provision, the employee may continue as participate in the plan without acquiring the status of a suspended participant, provided that it meets the following requirements:

(a) Request in writing to the Control Committee of the plan, within thirty days, to count from the cessation of the active service, the right to continuity.

(b) Abonar on his own account, in time and in the form which, as a general rule, sets out the first section of Chapter V of this Regulation, the business contribution and the contribution which it would make to it as a non-suspenseful participant. The members who are to be found in any of the situations referred to in paragraph B of this Article shall be exempt from this obligation.

SECTION 2. FINANCIAL ASPECTS

Article 44. Calculation of the mathematical provision.

1. The mathematical provision of the plan shall consist of the figure representing the excess current actuarial value of the future benefits referred to in the plan, on the current value of the contributions which, if any, corresponds to each Member of the collective.

2. Where the mathematical provision is calculated once the benefit is accrued, the amount of the provision shall be equal to the current actuarial value of the future payments to be completed.

Article 45. Equity reserve and solvency margin.

1. The plan shall constitute an equity reserve to be used for the solvency margin coverage.

2. The minimum amount of the solvency margin shall be that resulting from the application of Article 19 of the Pension Funds and Plans Regulation.

Article 46. Consolidated rights.

1. The consolidated rights of the participant shall constitute the reserve corresponding to it in accordance with the actuarial system used, as well as the share of the share corresponding to the participation in the capital reserves that integrate the solvency margin.

2. If there is any contingency in the event of the participation in suspense, the beneficiary shall only be entitled to receive the benefit which may be provided from the amount of the consolidated entitlements of the This is an existing suspension.

3. The consolidated rights of the suspended members shall be adjusted for the allocation of net financial results that correspond to them during the exercise of their maintenance in the plan.

Article 47. Mobility of consolidated rights.

1. The consolidated rights may be mobilised by the participant, who shall be entitled to the costs incurred, in the case of the alleged content of Article 11 (1) (a) of that Regulation, and shall be compulsory in the case referred to in paragraph 1 (b) of that Regulation. Article.

2. The consolidated consolidated rights shall be integrated into the plan designated by the person who has ceased to be a participant.

Article 48. Procedure for the transfer of consolidated rights.

1. Once the participation is low, it will be communicated by the company to the Control Commission who, in turn, will inform the managing body. The participant may have his/her consolidated rights in so far as he/she designates the pension scheme to which he/she wishes to integrate the amount of the pension scheme. The managing body shall have a maximum period of three months to carry out the transfer of the consolidated rights to the pension fund which has been designated.

2. During the period from the date of the discharge of the participant to the subscription of its consolidated rights to another plan, the treatment of the participating in suspense shall be given to it, with its consolidated rights adjusted for the imputation of results that correspond to you.

3. In the case of the transfer operation, the managing body shall report the transfer transaction to the Control Board of the plan.

Article 49. Financial-actuarial review.

1. The financial and actuarial system of the plan should be reviewed annually by actuary, taking into account the evolution of wages, the profitability of investments, the mortality rates of the collective, the survival of the liabilities and the other concurrent circumstances.

2. The assessment of such circumstances shall be carried out in accordance with the criteria which, as a general rule, is established by the competent body.

3. The aforementioned review will include a projection on the evolution of the different variables for the period covered until the immediate planned review.

Article 50. Requirements and procedure.

1. If, as a result of the revisions of the financial and actuarial system of the plan, the need or desirability of changes in the contributions of the sponsor or the unit-holders, in the provided services or both, is raised. submit the matter to the Control Committee of the plan so that it proposes what it deems appropriate.

2. The plan may be amended, on a proposal from the Control Committee, with the requirements and in accordance with the procedure provided for in Article 38 of this Regulation.

Article 51. Causes of termination of the plan.

1. They will be cause of plan termination, the following:

(a) Not to achieve the absolute minimum solvency margin established in the Pension Funds and Plans Regulation.

(b) The manifest impossibility of carrying out the feasibility measures resulting from the review of the plan in the light of the relevant technical study.

c) Bankruptcy, suspension of payments or dissolution of the sponsoring company.

d) For any other cause established in the provisions with range of Law.

2. In any event, the individual guarantee of the benefits caused and the integration of the consolidated rights of the members into another pension plan shall be pre-requisites for the termination of the plan.

Article 52. Liquidation.

The settlement procedure of the plan shall be carried out by the managing body, under the supervision of the Control Board, and shall be performed in accordance with the following rules:

1. The Plan Control Commission shall communicate the termination of the plan to all participants and beneficiaries at a six-month notice.

2. During that six-month period, the unit-holders shall inform the Control Board of the plan to which plans they wish to transfer their consolidated rights.

3. If the date of termination of the plan has arrived, a participant would not have communicated to the Control Commission as indicated in paragraph 2, the transfer of its consolidated rights to another pension plan that has been selected shall be carried out. by the Control Committee.

4. Once the consolidated rights of all members have been transferred, the Control Board of the plan shall inform the managing body of the fund to which the final termination of the plan was attached.

5. It shall be, in any event, a prerequisite for the settlement of the plan, that the Commission of Control of the plan establishes individualised and sufficient guarantees on the benefits caused before the date of communication referred to in the Number 1 of this Article.

6. Finally, the control committee of the plan will proceed to its dissolution.

Additional disposition first.

1. For the purposes of the provisions of Articles 22.1, 40.1 and 41.1, the term 'salary' shall mean a salary or a regulator consisting of the following remuneration:

a) Base salary or qualification.

b) Regular augments for years of service.

c) Extraordinary June and Christmas Gratification.

d) Personal guarantees.

e) Gratification per day, job, special and for the staff not restructured.

2. In any case, the salary or the maximum regulator, for the purposes of both the determination of the contributions and the maximum regulatory base of the benefits, shall be the equivalent of the highest level of wages fixed in the Collective Agreement of "Tabacalera, Sociedad Anonima", agreed at every moment.

3. Personal guarantees, gratuities per day, job and special guarantees that are not included in the Collective Agreement of "Tabacalera, Sociedad Anonima", in force in the country, will not be included in the concept of salary or the regulator. date of formalisation of this pension scheme.

Additional provision second.

The staff who are eligible for the second transitional provision of the recast text of the General Social Security Act, in the event that they apply for and are recognised by the Social Security as a result of the Early retirement pension shall be entitled, as the only retirement benefit, to a supplementary pension to be obtained by applying to the regulatory base defined in Article 22 of this Regulation, of the type indicated in the following scale:

(a) At the age of 60 years old, 30 per 100.

b) At the retirement age of 61 years, 28 per 100.

c) At the retirement age of 62 years or older, 26 per 100.

At the time of recognition of the right to early retirement provision, the sponsor shall pay by means of a single payment an additional cost to be obtained in accordance with the formula set out below. In the event that due to the tax or legal limits of contributions to pension schemes, the aforementioned payment could not be made in the same annual period, it would be necessary to make it financially in the following annual years. within the shortest possible time limit.

The actuarial value of the differential cost will be found by applying the following formula:

(VAJA + VAVJA + VAFJA + VAOJA + VAAFJA)-

-(VAJN + VAVJN + VAFJN + VAOJN + VAPJN)

where:

VAJA: Current actuarial value of early retirement lifetime income.

VAVJA: Current actuarial value of early retirement derived widower.

VAFJA: Current actuarial value of single payment for death arising from early retirement.

VAOJA: Current actuarial value of the orphan's early retirement.

VAAFJA: Current actuarial value of the future contributions of both the promoter and the participant, from early retirement to retirement age as set out in the specifications of this Regulation.

VAJN: Actuarial value at the age of early retirement from the lifetime of the normal retirement established in the Regulation.

VAVJN: Actuarial value at the age of early retirement from the normal retirement income established in the Regulation.

VAFJN: Actuarial value at the age of early retirement from the single death payment arising from the normal retirement established in the Regulation.

VAÖJN: Actuarial value at the age of early retirement from the normal retirement pension established in the Regulation.

VAPJN: Actuarial value at the early retirement age of the single normal retirement payment established in the Regulation.

The differential cost thus calculated will be incorporated in the increase of the solvency margin that is normatively regulated.

Additional provision third.

In accordance with the provisions of the transitional law contained in Law 8/1987 of 8 June, and in Royal Decree 1307/1988 of 30 September 1988, the net assets of the Mutuality of

Social Security Tabacalera will be integrated into this plan, under the agreement of the General Assembly of November 2, 1990, being attached to the social protection purposes that this plan pursues.

Additional provision fourth.

The Control Commission may claim to the beneficiaries any benefit that has been unduly perceived, without prejudice to any other claims of interest and expenses, so that it would have been perceived without the right to do so.

Additional provision fifth.

On the assumption that the current pension plan would present a technical imbalance produced by causes originating from the initial design in terms of plan modality (collective capitalization and defined contribution/benefit) of such magnitude as to entail the modification of the system of benefits, on the proposal of the majority of the representation of the members of the Control Committee, the transformation of the system of capitalization, as well as the the mode of the plan by reason of its contributions and benefits, provided it does not involve a (a) prejudice to the majority of the collective and the relevant agreement obtains the special majority referred to in Article 38.5 of this Regulation.

Additional provision sixth.

1. Contributions, direct or imputed, to the present pension scheme shall have a preferential right to any other plans to which the participant may belong.

2. The participant who, in turn, is of other pension schemes, may only contribute to these plans in the amount of the excess of the contributions committed with this plan.

First transient disposition.

Quotation periods recognized by the Social Security Tabacalera Mutuality will have full virtuality for the purposes of computing as a contribution period for the members of the pension plan.

Second transient disposition.

The participant which will cause the plan to be discharged in accordance with the provisions of Article 11 of this Regulation, and have been granted rights for past services, shall have a right of credit in respect of those recognised for the purpose of the in the actuarial and financial rebalancing plan, so that it can only mobilize the amount of its consolidated rights in the amount and time limits in which it is provided to the pension fund of this plan, in accordance with the provisions of the said plan rebalance plan.

Transitional provision third.

With regard to the pensioners and beneficiaries, both of the former Pension Fund and of the Social Welfare Tabacalera Mutualidad, which will receive their benefits in the same amount as they have recognized, they will proceed with This is the most important thing to do with the social security system. The law of the Social Security Council of Tabacalera de Tabacalera de Previsión Social (Social Security) is responsible for the payment of such obligations under the Pension Funds and Plans Act.

Transitional disposition fourth.

The pension plan will not be able to grant benefits simultaneously with the Social Security Tabacalera Mutuality, for the same cause.

Transient disposition fifth.

Contingencies that occur after the date of the General Assembly of the Social Security Tabacalera Mutuality in which the transfer of the net worth to the account of the position of the pension scheme in the pension fund, shall be recognised in accordance with the provisions of this Regulation. The benefits arising from the formalisation of the pension scheme and the date, shall be recognised in the amount referred to in this Regulation, except in the case of the application of the statutes of the Social Welfare State of Tabacalera a higher amount is derived for the same contingency, in which case the latter will be recognised, assuming the plan itself, itself, the costs arising from the exercise of this right of choice.

Transitional disposition sixth.

1. If as a result of initiatives by the sponsor of the plan on the number of members of a age of less than 43 years, and within the maximum period of five years, to count from the date of the administrative resolution that approves the Plan of Reequilibrium Financial Actuarial, a default deviation in the overall level of the mathematical provisions, which will result in the need for supplementary contributions to cover the minimum solvency margin set out in the Regulation of the Law of Pension plans and funds or available to replace or supplement the promoter, the promoter make such contributions in order to restore the mathematical provisions which will balance the system and the minimum solvency margin required.

For the virtuality of this obligation assumed by the promoter, the assessment of the overall level of the existing mathematical and solvency margin provisions at the time prior to the adoption by the sponsor will be a prerequisite. promoter of these initiatives.

The additional costs which may arise in application of the provisions of the first subparagraph shall have an absolute limit of 10 per 100 of the initial deficit of 4.236 million pesetas, recognised by the sponsor in concept of rights for past services.

2. If, in spite of the above, the contributions to the plan are still insufficient for the performance of the estimated benefits, the latter will be adjusted in order to match the contributions of the promoter and the partakers.

Transitional disposition seventh.

For the assessment and imputation of rights for past services under the second transitional provision of the Pension Plans and Funds Act Regulation, the following particularities shall be taken into account:

(a) The employee in a situation of leave of absence, forced or voluntary, who had the status of a voluntary partner of the Social Security Tabacalera Mutuality, dated 3 November 1990, will be assessed for his rights for services This is the case with the same criterion as for the assets at that date.

(b) The employee in a situation of leave of absence, forced or voluntary, who did not have the status of a voluntary partner of the Social Security Tabacalera Mutualidad, dated 3 November 1990, in his assessment of rights by Past services, you will be stopped during the period during which you did not continue as a partner of the Mutuality.

Transient disposition octave.

Employees who are admitted prior to the entry into force of this plan shall be entitled to a minimum retirement pension benefit of 10 per 100, where, for their seniority in the undertaking, they shall not be entitled to such benefits. percentage.

transient disposition ninth.

1. The participant, employed in active employment, who accredits the impossibility of regularizing the quotas, in whole or in part, corresponding to one or more of the annuities incurred until the date of ratification of their accession to the present plan, for having In addition, it should be added to the following system of quota regularisation:

(a) If it has reached the legal limit of contributions for annuities set out in Article 5.3 of the Pension Plans and Funds Act, it shall regularise the outstanding contributions by way of excess contributions to the ordinary and up to the legal limit, capitalised, during the years after that or those in which it is legally unable to provide and until the amount of quotas to be regularised.

(b) If the legal limit for annuity contributions set out in Article 5.3 of the Pension Plans and Funds Act has not been reached, it shall regularise the outstanding fees by contributing to the difference between the legal limit of contributions by annuity and contributions made to other pension schemes, with the remainder of the amounts not provided, capitalised, in the subsequent years and up to the completion of the amount of their quotas to be regularised.

2. The participant who is in one of the situations set out in Articles 45 and 46 of the Workers ' Statute, and accredits the impossibility of regularizing his/her quotas corresponding to one or more of the annual annuities until the date of ratification of its accession to this plan, for having contributed to other pension schemes, it may choose between the following possibilities:

(a) If you have reached the legal limit for annuity contributions as set out in Article 5.3 of the Pension Plans and Funds Act, you may apply for the status of a suspended participant on the last day of the year before the person in which he is legally unable to contribute, or continue as a full participant, in such a case, capitalised, the contributions corresponding to those years.

(b) If you have not reached the legal limit for annuity contributions set out in Article 5.3 of the Pension Plans and Funds Act, you may apply for the full participation condition, providing the difference between the limit legal contributions and those made to other pension schemes and the legal limit for contributions in an annuity, with the remainder of the amounts not provided, capitalised, during the subsequent years and until the completion of the regularisation of their quotas.

3. The participant who has extinguished his employment relationship after 3 November 1990 and who has been unable to regularise the quotas, in whole or in part, corresponding to one or more of the annuities incurred up to the date of the extinction of their employment relationship, because they have contributed to other pension plans, will be discharged with effect from the last day of the year preceding the one in which they are legally unable to contribute.

Single end disposition.

This plan shall enter into force on the date it is formalised in accordance with the provisions of Article 23.4 of the Pension Funds and Plans Regulation.