This Royal Decree, in accordance with the provisions of Title IV of Law 41/1994 of 30 December 1995 on the General Budget of the State for 1995, provides that for that financial year, the pensions of passive classes, Whatever their regulatory legislation, they will see an increase of 3.5 per 100 compared to the amounts corresponding to 31 December 1994, with the exception of revaluation, as in previous years, certain pensions.

In this respect, the rules and the procedure for making such a revaluation are laid down, taking into account that, prior to the application of the same, the amounts corresponding to 31 December 1994 must be updated in line with the deviation from the consumer price index (CPI) for the period November 1993-November 1994.

In addition, for the purpose of compensating for such a deviation, the payment is made available to pensioners of passive classes of a single payment amount equal to the difference between what was actually perceived during 1994 and due to in line with the commented evolution of the CPI, thus fulfilling the forecasts of the additional eighteenth of the Law of Budgets for 1995, which responds to the existing engagement between the Government and the different social agents in order to maintain the purchasing power of pensions.

The system of minimum pension benefits provided for in the aforementioned Budget Law is regulated, in order to guarantee at all times an adequate level of income for those who do not amounts legally established.

In Chapter III, certain rules of a regulatory nature are laid down in the field of passive classes. Thus, in relation to co-owned family pensions, it is envisaged, on the one hand, that when a part of the pension cannot be perceived by a holder to be affected by the regulatory rules of the maximum pension perception limit (b) public, that party may accumulate to the other partners, and on the other hand, it is established that the portion of the pension reserved for five years in favour of potential partners who did not exercise their right, shall be paid in favour of the other beneficiaries after this period has elapsed.

Finally, certain rules are established in relation to the calculation of services for the purposes of the calculation of the retirement pension, in the development of the transitional provision first of the recast of the Law of Classes State passive, according to the wording given to it by Law 42/1994, of December 30, of Fiscal, Aministrative and Social Order Measures.

In its virtue, on the proposal of the Minister of Economy and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 13 January 1995

D I S P O N G O:

CHAPTER I

General rules for the revaluation of passive class pensions for 1995

Article 1. Amount of the increase for 1995 of passive class pensions.

1. In accordance with the provisions of Article 37 (2) of Law 41/1994 of 30 December 1994 on the general budget of the State for 1995, pensions paid by passive classes shall be increased by 3.5 per 100 (a) the amount to which they had been paid as at 31 December 1994, except those covered by Title II of Royal Decree 851/1992 of 10 July 1992, which shall be adapted to the amounts corresponding to their own legislation.

2. For the purposes of the revaluation referred to in the preceding paragraph and on a prior basis, the amount corresponding to the pensions at 31 December 1994 shall be updated by application of the amount of the coefficient 1,0086957.

Article 2. Pensions not revalued during 1995.

By way of derogation from the previous article, and pursuant to Article 38 (1) and (2) of the 1995 State General Budget Law, no increase will be made. following passive class pensions:

(a) Those whose full amount, in addition, if applicable, to the total monthly amount of other public pensions received by the holder, exceeds 265,322 pesetas in respect of a monthly basis when the holder has the right to receive Fourteen monthly or, in other cases, a total of 3,714,508 pesetas in annual accounts.

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

(c) The orphanages referred to in the second paragraph of Article 4.3 of Law 5/1979, of 18 September, added by Article 2 of Law 42/1981 of 28 October.

(d) The orphan's as referred to in the second paragraph of Article 17 of Law 35/1980 of 26 June, added by Article 3 of Law 42/1981 of 28 October.

Article 3. Extraordinary pensions for acts of terrorism.

1. In accordance with the second subparagraph of Article 38 (1) and Article 39 (5) of the General Budget Law for 1995, as well as in Royal Decree No 851/1992 of 10 July 1992, the Commission has decided to grant the Extraordinary classes of passive classes originating in terrorist acts are exempt from the exclusionary or limiting rules referred to in paragraph (a), in Article 2 and in Article 4, rule 2. of this Royal Decree.

2. In the event that, together with any of the pensions referred to in the preceding paragraph, a person is entitled to receive at 31 December 1994 some or some other public pensions, the rules which are exclusive or limiting, cited, if applicable in respect of the latter.

Article 4. Rules for the increase of passive class pensions.

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

1. The increase shall apply to pensions previously caused by 1 January 1995 and the amount to be updated, in accordance with the terms set out in Article 1.2 of this Royal Decree, the monthly amount Member of the European Parliament and of the Council of the European Communities.

If the pensions caused before 1 January 1995 are pending recognition of the date indicated, the initial amount for the 1994 financial year or, where appropriate, previous financial years shall be determined, the securities entered in Law 21/1993 of 29 December 1993 on the General Budget of the State for 1994 shall be updated, where appropriate, by the application of the coefficient 1,0086957. It will then be updated in accordance with the rules on revaluation, pension provision and limitation of increases are contained in the corresponding Budget Laws, with the increase coming from 1995.

2. For the purposes of Article 36 of the General Budget Law for 1995, the amount of the pension or set of pensions paid out of the credit of passive classes receiving the same holder, after applying the increase to each of them, shall be limited to the amount of 3,714,508 pesetas integra per year, including the amount of the ordinary monthly payments as well as the amount of the payments which may correspond.

In the event that in the same holder one or more pensions of passive classes are present with another or other public pensions, the value of the pension or pension set of passive classes will have as a limit a figure that with a total of 3,714,508 pesetas a year equal to the same proportion as that pension or pension with the total public pension scheme of its holder.

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

***INITABLA* **

CP

T

/L=

/x 3,714,508 pesetas annually

*** FINTABL* **

The total annual theoretical value reached at 31 December 1994 by the pension or pension of passive classes, and T the result of adding to the previous figure the full value in annual terms of the other pensions at the same time.

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

Article 5. Procedure for revaluation.

1. The revaluation of passive class pensions for 1995 will be carried out by the provincial delegations of Economy and Finance or by the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance. as appropriate, although the latter may be able to do so on a centralised basis where for reasons of agility and simplification it is appropriate.

2. This revaluation shall be carried out taking into account the data obtained in respect of each pension holder as at 31 December 1994. However, in accordance with the provisions of Article 21 (2) of the recast of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April 1987, any recipient of a class may be required to passive to provide information about its economic situation with the effects of such a rule.

3. In accordance with the provisions of Article 36 (4) of the General Budget Law for 1995, the revaluation shall be provisional until such time as the Administration establishes the origin of its perception of the amount, depending on the other perceptions of the holder of a pension or pension and the rules on concurrency and incompatibility that are applicable in each case.

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

CHAPTER II

Add-ons for minimums

Article 6. Economic supplements for passive class pensions during 1995.

1. In accordance with the provisions of Article 40 (1), (2) and (3) of the General Budget Law for 1995, the application during the year of economic supplements to the pensions of the Passive Classes Scheme will conform to the following rules:

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

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

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

For these purposes, the amount to be taken into account shall be, for the pension of passive classes, that which is once revalued the same in accordance with the provisions of this Royal Decree, and for the remaining pensions of a public nature, which the beneficiary is receiving at the time of submitting the application referred to in paragraph 2 of the following Article.

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

For these purposes, the concept of income shall be defined in accordance with the laws of the Income Tax of the Physical Persons, although, in any case, the income corresponding to any pension of the public character, whether or not they are subject to the aforementioned tax; pensions of passive classes shall be taken at their annual value once they have been revalued in accordance with the provisions of this Royal Decree; the remaining public pensions shall have the value (a) the date of submission of the application referred to in paragraph 2 of the following Article 2 (1) of the Treaty on European Union and the Council of the European Communities and of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Communities in 1995.

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

:

***INITABLA* **

A

-

Minimum Pension

monthly

/B

-

Annual Revenue

maximums

Retirement or retirement pension when there is spouse in charge of the holder

/60.220

/1.628.556

Retirement or retirement pension when there is no spouse or, existing, not in charge

/51.180

/1.501.996

widow's pension

/51.180

/1.501.996

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

/51.180

/716,520

/n

/n

/785,476 +

*** FINTABL* **

In the case of pension or pensions in favour of other family members who are received by several beneficiaries, the figure resulting from column A of the above table shall not be less than 15,135 pesetas per month, in respect of each one of those beneficiaries whose annual income does not exceed those listed in column B.

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

For the same purposes, it is understood that there is a spouse in charge of the holder when he is living with the pensioner and is economically dependent. Co-existence shall be presumed provided that the marriage bond is preserved, without prejudice to the fact that this presumption may be destroyed by the administration, and the same effects shall be understood to be economically dependent. where the spouse's income, by any means, does not exceed the current minimum inter-professional salary.

3. the economic supplements regulated in this provision, which will be paid in twelve ordinary and two extraordinary monthly payments, all of them equal amounts, will in no way be consolidated and will be absorbed by any future increase that they can experience the perceptions of the person concerned, either by revaluation or by recognition in their favour of new public pensions.

4. In accordance with the provisions of Article 21.5 of Royal Decree 1288/1990 of 25 October 1990, the right to minimum pension recipients of passive classes who would have obtained the right at the same time may be granted under the standard.

Article 7. Procedure for economic supplements.

1. It is the responsibility of the Directorate-General for Personnel and Public Pensions and the various provincial delegations for Economic and Financial Affairs, in respect of the assets entered in their respective Passive Classes Units, to grant and determine the economic supplements which come, in accordance with the provisions set out in Article 6, without prejudice to the fact that this function may be collected in whole or in part by the Directorate-General.

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

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

If the request for economic supplements is made, for the first time, during the present financial year, its economic effects shall be rolled back to 1 January 1995 or the date of the start of the pension if it is back.

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

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

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

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

Article 8. Prohibition of the granting of economic supplements in passive classes.

1. In the event that a pensioner of passive classes was entitled to receive, in accordance with the rules of this Royal Decree, an economic supplement and to be a beneficiary in addition to other public pensions paid under schemes In the case of the pension scheme, the amount of the pension is paid for in the case of a person who is not entitled to a pension, who is not entitled to a pension, or who is entitled to a pension. of passive classes except in the following cases:

(a) Where the pensions of the different systems are of the same nature and the total monthly amount of the pension of passive classes is higher than the amount corresponding to the other public pension liable to be supplemented.

b) Where the pensions to be received by the person concerned were of different nature and the minimum monthly pension amount corresponding to that of passive classes was higher than that of the other public pension.

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

CHAPTER III

Other rules on passive classes

Article 9. Accumulation of the part of the pension subject to the ceiling for public pension collection.

When a number of persons are jointly recognised as a pension and there is a portion of the pension which cannot be perceived, in whole or in part, by any of them, by application of the current rules on the maximum limit of public pension provision, the said portion may, as long as that situation is maintained, be subject to that of the other partners, up to the amount permitted by its regulatory legislation, at the request of any of the persons concerned.

Article 10. Payment of the portion reserved for pensions in favor of family members.

In the case of pensions, the initial indication of which would have been made by establishing the reserve of the part of the pension which would have been possible for those potential partners who did not arrive at exercise, after five years after the initial effects of the said reservation, the amount reserved during that period shall be paid to the other beneficiaries of the pension, divided up in accordance with the right of the each and at the request of any of them, by means of a request addressed to the Directorate-General for Personnel and Public Pensions Costs of the Ministry of Economy and Finance or the Directorate-General of Personnel of the Ministry of Defense, as appropriate.

The time limit for making the corresponding application shall be five years from the end of the period indicated in the preceding paragraph. However, applications submitted before the end of the reserve period shall take effect after the expiry of the reserve period.

Article 11. Calculation of services for the purpose of calculating the retirement pension.

1. In accordance with the first transitional provision of the recast text of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April 1987, as amended by Article 49 of Law 42/1994, of December 30, -Fiscal, administrative and social measures, the civil and military civil servants of the State Administration, entered before 1 January 1985, who had passed from a Corps, Scale, Square or Employment, which was assigned to them a given proportionality index, to provide services in another of a proportionality index above, it shall have the right to be counted, for the purposes of Article 31 of that text, up to a maximum of 10 years, of which it has actually served in the Body, Scale, Place or Employment of the smallest of the proportionality indices, as if They would have lent in the largest.

The said calculation according to the said provision can only be carried out in respect of the services provided in Bodies, Scales, places or jobs in which the income has been produced before 1 January 1985, with the exception of the second paragraph of point 2 of Article 30 of the recast of the Law on Passive Classes of the State.

2. The calculation of services shall be carried out taking into account the administrative history of the person concerned, with the particularity that, if services were provided in three or more Bodies, Scales, places or jobs, only their implementation shall be carried out in respect of those periods in which a body, scale, place or employment had been passed that has assigned a given proportionality index to others with an index of higher proportionality.

However, if, in the abovementioned administrative record, decreases in the proportionality index were produced, the same shall be understood in separate tranches defined by those decreases, in such a way as to This rule can be applied both in respect of previous promotions and those that may have occurred later.

3. The ten years to be calculated for the purposes indicated shall be deducted from the time of service accredited by the deceased in the Body, Scale, Place or Employment of a lower proportion of the proportionality in which the person concerned has served, chronologically have been borrowed at the moment immediately prior to the one in which the services were provided in the Body, Scale, Square or employment of greater proportionality index to which they are transferred.

4. The deduction provided for in the preceding paragraph shall be made beginning with the years of service provided in the Body, Scale, Place or Employment of a lower proportion of the proportionality rate and then, if necessary, the second lowest rate of the proportionality that the person concerned would have been assigned, and so on, until the authorised ten years have been completed.

Additional disposition first. Add-ons for minimums in other passive class pensions.

For the financial year 1995, the economic supplements regulated in Chapter II of this Royal Decree shall apply to pensions recognised under Title II of Law 37/1984 of 22 October, as well as to those other in In the case of the operators of lotteries, the staff of the "Mines of Almadén and Arrayanes, Sociedad Anonima", and the disabled or deceased health workers on the occasion of extraordinary services at the time of the epidemic and Subdelegates of Health refers to the Law of 11 July 1912.

These economic supplements will also apply, even if only to those which would have been caused in favour of family members, to pensions recognised under the laws of the European Union 5/1979 of 18 September; 35/1980, 26 of June, and 6/1982, of 29 March, the pensions of orphans referred to in Article 2 (c) and (d) of this Royal Decree being excluded, in any event, from that benefit.

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

1. Pensions of passive classes to which economic supplements had been applied during 1994 shall be adjusted ex officio, and on a provisional basis, with effect from 1 January 1995, to the amounts laid down in Article 5 of this Royal Decree, Assuming that the holders meet the conditions and requirements laid down in that provision, the concurrency of those conditions and requirements shall be verified by the corresponding administrative services.

2. If the absence of any requirement or condition from the above verification is carried out, the immediate cessation of the payment of the supplement shall be carried out, with a refund of the amount unduly collected for that purpose from 1 January 1995 at the latest. Similarly, if such verification results in the need to modify the amount of the supplement, the appropriate modification shall be made, with drawback of the unduly perceived from the date indicated above.

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

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

In accordance with the provisions of the additional provision of the General Budget Law for 1995, the social aid provided for in Article 2 (1) (b), (c) and (d) of the Royal Decree-Law 9/1993, of 28 May, will be increased by 3.5 per 100 in respect of the amounts received at 31 December 1994, updated by application of the coefficient 1,0086957.

Likewise, according to that provision, the recipients of the abovementioned social aid schemes which were revalued in 1994 will have the right to receive in 1995, and in the sole payment, an amount equivalent to that which it is necessary to apply the coefficient 0,0086957 to the aid received during 1994.

Additional provision fourth. Payment of compensatory amount.

According to the provision of the additional 18th of the General Budget Law for 1995, the pensioners of passive classes who would have been receiving pensions for 1994, as well as pensions, would be such as those who have received the amount corresponding to the minimum pensions or the maximum public pension collection limit, or their heirs, will receive in 1995, and in a single payment, an amount equivalent to that of the apply to the pension received during 1994, the coefficient 0.0086957.

The provisions of the preceding paragraph shall also apply to pensions of passive classes with an initial date of payment in 1994 for the determination of which they may have been taken into account updating in the said financial year.

Single repeal provision. Repeal of previous provisions.

Article 1 of Royal Decree 306/1985, of 20 February, is hereby repealed, as well as the precepts contained in the provisions of equal or lower rank in that they object to the provisions of Chapter III of this Royal Decree.

Final disposition first. Enablement for development provisions.

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

Final disposition second. Entry into force and economic effects.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", without prejudice to the economic effects, in respect of the matters covered by Chapters I and II, (a) to be taken back, where appropriate, to 1 January 1995. As regards Chapter III, its economic effects shall be those which, in each case, come from, in accordance with the general rules applicable to the matters contained therein.

Given in Madrid on January 13, 1995.

JOHN CARLOS R.

The Minister of Economy and Finance,

PEDRO SOLBES MIRA