Law 26/1990 of 20 December, which provides for non-contributory social security benefits, in its final provision, authorizes the Government to draw up, within two years of its entry into force, the (i) a recast text in which the specific legal texts of the Social Security referred to in the first paragraph of Article 3 (1) and the provisions on social security contained in the Treaty are integrated, duly regularised, clarified and harmonised; Law of other branches of the legal system, and expressly those listed in its law the second paragraph in which reference is also made to the provisions in force contained in the annual laws of the general budget of the State.

Later, Law 22/1992 of 30 July 1992 on urgent measures on the promotion of employment and unemployment protection, through its second final provision, gives a dual authorization to the Government: on the one hand, to regularise, systematize and harmonise the provisions on unemployment protection contained therein, with those of the legal texts expressly mentioned; and, on the other hand, to ensure that the product thus obtained is integrated into the Recast text as provided for in Law 26/1990 of 20 December 1990, extending to that effect the period of time which it had granted for the alluded to remelter work.

Finally, in Law 22/1993 of 29 December 1993, of fiscal measures, of reform of the legal system of public service and of unemployment protection, the Government is authorized, in its additional provision fourteenth, to the recast is also extended to the provisions on social security and unemployment protection contained therein, and the deadline for such a recast should be extended again.

In its virtue, on the proposal of the Minister of Labor and Social Security, after obtaining the opinion of the Economic and Social Council and the report of the General Council of the Judiciary, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 17 June 1994,

D I S P O N G O:

Single item.

The recast text of the General Social Security Law that is inserted below is approved.

Single end disposition.

This recast text will enter into force on 1 September 1994.

Given in Madrid, 20 June 1994.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOSE ANTONIO GRINAN MARTINEZ

ANNEX

INDEX

TITLE I

General social security system rules

CHAPTER I

Preliminary Rules

Article 1. Right of the Spanish to Social Security.

Article 2. Social Security Finances.

Article 3. The Unwaiver of Social Security Rights.

Article 4. Delimitation of functions.

Article 5. Responsibilities of the Ministry of Labour and Social Security and other ministerial departments.

Article 6. Coordination of related functions.

CHAPTER II

Application field and Social Security system structure

Article 7. Extension of the application field.

Article 8. Mandatory multiple inclusion ban.

Article 9. Structure of the Social Security system.

Article 10. Special Schemes.

Article 11. Special systems.

CHAPTER III

Affiliation, Quote, and Collection

SECTION 1. SYSTEM AFFILIATION AND UPS AND DOWNS IN THE SYSTEMS THAT INTEGRATE IT

Article 12. Obligation and scope of membership.

Article 13. Ways to practice membership and ups and downs.

Article 14. Obligations of the Administration of Social Security and the right to information.

SECTION 2. Quote

Article 15. Enforcement.

Article 16. Bases and types of quotation.

Article 17. Premiums for accidents at work and occupational diseases.

SECTION 3. COLLECTION

Subsection 1. General provisions

Article 18. Competence.

Article 19. Time, place and method of settlement of the quotas and other resources.

Article 20. Payment deferment and fractionation.

Article 21. Prescription.

Article 22. Ranking of credits.

Article 23. Return of undue revenue.

Article 24. Social Security Rights Transactions.

Subsection 2. Voluntary Period Collection

Article 25. Statutory deadline for admission.

Article 26. Presentation of the quotation and compensation documents.

Article 27. Default and default charges applicable to quotas.

Article 28. Default and default surcharges applicable to non-quota debts.

Article 29. Entry and incompatibility of surcharges.

Article 30. Fee payment requirements.

Article 31. Settlement minutes.

Article 32. Discovered certifications.

Subsection 3. Recovery on an executive way

Article 33. Initiation of the executive path.

Article 34. Providence of aaward and opposition to it.

Article 35. Tercerias. Article 36. Duty of information by financial institutions, public officials and official professionals.

Article 37. Lifting of embargoed goods.

CHAPTER IV

Protective action

SECTION 1. GENERAL PROVISIONS

Article 38. Protective action of the Social Security system.

Article 39. Voluntary improvements.

Article 40. Characters of the capabilities.

Article 41. Responsibility in order for the benefits.

Article 42. Payment of contributory pensions, arising from common risks, and non-contributory pensions.

SECTION 2. PRESCRIPTION, EXPIRY AND REIMBURSEMENT OF UNDUE BENEFITS

Article 43. Prescription.

Article 44. Expiration.

Article 45. Drawback of undue benefits.

SECTION 3. REVALUATION AND MAXIMUM AND MINIMUM PENSION AMOUNTS

Subsection 1. Common provisions

Article 46. Consideration as public pensions.

Subsection 2. Contributory pensions

Article 47. Limitation of the initial amount of pensions.

Article 48. Revaluation.

Article 49. Limitation of the amount of the annual revaluation.

Article 50. Allowances for pensions lower than the minimum.

Article 51. Extraordinary pensions arising from acts of terrorism.

Subsection 3. Non-contributory pensions

Article 52. Revaluation.

CHAPTER V

Social services

Article 53. Object.

Article 54. Right to re-education and rehabilitation.

CHAPTER VI

Social Care

Article 55. Concept.

Article 56. Content of aid assistance.

CHAPTER VII

Managing Social Security

SECTION 1. MANAGING ENTITIES

Article 57. Enumeration.

Article 58. Structure and competencies.

Article 59. Legal nature.

Article 60. Participation in management.

Article 61. International relations and services.

SECTION 2. ES SERVICES

Article 62. Creation.

Article 63. General Treasury of Social Security.

SECTION 3. COMMON RULES FOR MANAGING ENTITIES

AND SERVICES THAT ARE

Article 64. Name reservation.

Article 65. Tax exemptions and other benefits.

Article 66. Staff.

SECTION 4. COLLABORATION IN THE MANAGEMENT OF SOCIAL SECURITY

Subsection 1. General Provision

Article 67. Collaborating entities.

Subsection 2. Mutual of Occupational Accidents and Occupational Diseases of Social Security

Article 68. Definition.

Article 69. Requirements for their constitution and operation.

Article 70. Associate entrepreneurs.

Article 71. Competence of the Ministry of Labour and Social Security.

Article 72. Authorisation and cessation.

Article 73. Surplus.

Article 74. Adoption of precautionary measures.

Article 75. Incompatibilities.

Article 76. Prohibitions.

Subsection 3. Companies

Article 77. Collaboration of Companies.

SECTION 5. INSPECTION

Article 78. Competence of the Inspectorate.

Article 79. Collaboration with the Inspectorate.

CHAPTER VIII

Economic Regime

SECTION 1. HERITAGE OF SOCIAL SECURITY

Article 80. Heritage.

Article 81. Ownership, membership, administration and custody.

Article 82. Acquisition of real estate.

Article 83. Disposal of real estate and securities.

Article 84. Leasing and disposal of real estate.

Article 85. Inembargability.

SECTION 2. RESOURCES AND FINANCIAL SYSTEM OF SOCIAL SECURITY

Article 86. General resources.

Article 87. Financial system.

Article 88. Investments.

SECTION 3. BUDGET, INTERVENTION AND SOCIAL SECURITY ACCOUNTING

Article 89. General provision and regulatory rules for intervention.

Article 90. Modification of credits at the National Institute of Health.

Article 91. Budget remains and inadequacies.

Article 92. Amortization of acquisitions.

Article 93. Annual audit plan.

Article 94. Social Security accounts and balances.

SECTION 4. SOCIAL SECURITY PROCUREMENT

Article 95. Recruitment.

CHAPTER IX

Violations and sanctions in the field of Social Security

Article 96. Infringements and penalties.

TITLE II

General Social Security Regime

CHAPTER I

Application field

Article 97. Extension.

Article 98. Exclusions.

CHAPTER II

Enrollment of companies and rules on membership, listing and collection

SECTION 1. REGISTRATION OF COMPANIES AND MEMBERSHIP OF WORKERS

Article 99. Registration of Companies.

Article 100. Membership, ups and downs.

Article 101. Staff Matriculation book.

Article 102. Procedure and time limits.

SECTION 2. Quote

Article 103. Bound subjects.

Article 104. Responsible subject.

Article 105. Nullity of covenants.

Article 106. Duration of the obligation to list.

Article 107. Type of quotation.

Article 108. Contribution to accidents at work and occupational diseases.

Article 109. Quote Base.

Article 110. Maximum and minimum caps on the quote basis.

Article 111. Additional contribution for overtime.

Article 112. Normalization.

SECTION 3. COLLECTION

Article 113. General rules.

CHAPTER III

Protective action

SECTION 1. PROTECTIVE CONTINGENCIES

Article 114. Scope of the protective action.

Article 115. Concept of the accident at work.

Article 116. Concept of occupational disease.

Article 117. Concept of non-work accidents and common diseases.

Article 118. Concept of remaining contingencies.

Article 119. Catastrophic risks.

SECTION 2. GENERAL SCHEME OF BENEFITS

Article 120. Amount of benefits.

Article 121. Characters of the capabilities.

Article 122. Pension incompatibility.

Article 123. Surcharge of economic benefits in the event of an accident at work and occupational disease.

Article 124. Conditions of entitlement to benefits.

Article 125. Situations treated as high.

Article 126. Responsibility in order for the benefits.

Article 127. Special cases of liability in order for benefits.

CHAPTER IV

Transient incapacity for work

Article 128. Concept.

Article 129. Economic performance.

Article 130. Beneficiaries.

Article 131. Birth, duration and extinction of entitlement to the allowance.

Article 132. Loss or suspension of entitlement to the allowance.

Article 133. Observation periods and special obligations in case of occupational disease.

CHAPTER V

Invalidity

SECTION 1. GENERAL CHOICE

Article 134. Concept and classes.

SECTION 2. PROVISIONAL INVALIDITY

Article 135. Duration.

Article 136. Benefits.

SECTION 3. PERMANENT INVALIDITY IN ITS CONTRIBUTORY MODE

Article 137. Degrees of invalidity.

Article 138. Beneficiaries.

Article 139. Benefits.

Article 140. Permanent disability pension regulatory base derived from common contingencies.

Article 141. Compatibility in the receipt of permanent invalidity economic benefits.

Article 142. Special rule on invalidity arising from occupational disease.

Article 143. Rating and review.

SECTION 4. INVALIDITY IN NON-CONTRIBUTORY MODE

Article 144. Beneficiaries.

Article 145. Amount of pension.

Article 146. Economic effects of pensions.

Article 147. Compatibility of pensions.

Article 148. Rating.

Article 149. Obligations of the beneficiaries.

SECTION 5. PERMANENT NON-INVALIDATING INJURIES

Article 150. Compensation per scale.

Article 151. Beneficiaries.

Article 152. Incompatibility with permanent invalidity benefits.

CHAPTER VI

Recovery

SECTION 1. RECOVERY BENEFITS

Article 153. Beneficiaries.

Article 154. Content.

Article 155. Recovery plan or program.

SECTION 2. ECONOMIC PROVISION

Article 156. Recovery allowance.

SECTION 3. SELECTIVE EMPLOYMENT

Article 157. Beneficiaries.

Article 158. Content of selective employment.

Article 159. Complementary benefits.

CHAPTER VII

Retirement

SECTION 1. RETIREMENT IN YOUR CONTRIBUTORY MODE

Article 160. Concept.

Article 161. Beneficiaries.

Article 162. The statutory basis for the retirement pension.

Article 163. Amount of pension.

Article 164. Printability.

Article 165. Incompatibilities.

Article 166. Partial retirement.

SECTION 2. RETIREMENT IN YOUR NON-CONTRIBUTORY MODE

Article 167. Beneficiaries.

Article 168. Amount of pension.

Article 169. Economic effects of the recognition of the right.

Article 170. Obligations of the beneficiaries.

CHAPTER VIII

Death and Survival

Article 171. Benefits.

Article 172. Causing subjects.

Article 173. Death aid.

Article 174. Widow's pension.

Article 175. Orphan's pension.

Article 176. Benefits in favour of family members.

Article 177. Special flat-rate allowance.

Article 178. Printability.

Article 179. Compatibility and limit of performance.

CHAPTER IX

Family benefits per child in charge

SECTION 1. CONTRIBUTORY MODE

Article 180. Benefits.

Article 181. Beneficiaries.

SECTION 2. NON-CONTRIBUTORY MODE

Article 182. Benefit.

Article 183. Beneficiaries.

SECTION 3. RULES APPLICABLE TO BOTH MODES OF PERFORMANCE

Article 184. Determining the payee condition in special assumptions.

Article 185. Amount of benefits.

Article 186. Determination of the degree of disability and the need for another person's contest.

Article 187. Incompatibilities.

Article 188. Accrual and credit.

Article 189. Statement and effects of family variations.

Article 190. Collaboration of the Civil Registry.

CHAPTER X

Common Provisions of the General Regime

SECTION 1. VOLUNTARY IMPROVEMENTS TO THE PROTECTIVE ACTION OF THE GENERAL SCHEME

Article 191. Improvements to the protective action.

Article 192. Direct improvement of performance.

Article 193. Modes of direct improvement management.

Article 194. Improvement by setting additional quote types.

SECTION 2. PROVISIONS ON SAFETY AND HYGIENE AT WORK IN THE GENERAL SCHEME

Article 195. Non-compliance with accidents at work.

Article 196. Specific rules for occupational diseases.

Article 197. Responsibilities for lack of medical recognitions.

CHAPTER XI

Management

Article 198. Management and collaboration in management.

Article 199. Concerts for the provision of administrative and health services.

CHAPTER XII

Financial Regime

Article 200. Financial system.

Article 201. Specific rules on accidents at work.

CHAPTER XIII

Application of general system rules

Article 202. Extra duty.

TITLE III

Unemployment protection

CHAPTER I

General rules

Article 203. Object of protection.

Article 204. Levels of protection.

Article 205. Protected persons.

Article 206. Protective Action.

CHAPTER II

Contributory level

Article 207. Requirements for the birth of the right to benefits.

Article 208. Legal status of unemployment.

Article 209. Application and birth of entitlement to benefits.

Article 210. Duration of the unemployment benefit.

Article 211. Amount of unemployment benefit.

Article 212. Suspension of duty.

Article 213. Extinction of the right.

Article 214. Contribution during the unemployment situation.

CHAPTER III

Care level

Article 215. Beneficiaries of the unemployment benefit.

Article 216. Duration of the allowance.

Article 217. Amount of allowance.

Article 218. Contribution during the receipt of the allowance.

Article 219. Dynamics of the right.

CHAPTER IV

Benefits Regime

Article 220. Automatic entitlement to benefits.

Article 221. Incompatibilities.

Article 222. Unemployment and temporary incapacity for work.

CHAPTER V

Financial system and performance management

SECTION 1. FINANCIAL SYSTEM

Article 223. Funding.

Article 224. Base and type of quotation.

Article 225. Collection.

SECTION 2. PERFORMANCE MANAGEMENT

Article 226. Managing entity.

Article 227. Repayment of undue payments.

Article 228. Payment of benefits.

Article 229. Performance control.

CHAPTER VI

Obligations, Violations, and Sanctions Regime

Article 230. Obligations of employers.

Article 231. Obligations of employees.

Article 232. Infringements and penalties.

Article 233. Resources.

CHAPTER VII

extra law

Article 234. Extra duty.

Additional disposition first. Protection of migrant workers.

Additional provision second. Protection of disabled workers.

Additional provision third. Inclusion in the Social Security of high-level athletes.

Additional provision fourth. Modalities for the integration of the working partners and the working partners of the Cooperatives.

Additional provision fifth. Social security scheme for insured persons providing services in the administration of the European Communities.

Additional provision sixth. Protection of apprentices.

Additional provision seventh. Rules applicable to part-time contract workers.

Additional disposition octave. Rules applicable to Special Regiments.

Additional provision ninth. Validity, for the purposes of the benefits, of the quotas prior to the discharge in the Special System of Social Security of Workers for the Account of Own or Self-Employed.

Additional provision 10th. Rules for the calculation of the retirement pension in the Special Workers ' Regime for Own or Self-Employed.

Additional provision eleventh. Formalisation of the coverage of the economic benefit due to temporary incapacity for work.

Additional disposition twelfth. University professors emeritus.

Additional disposition thirteenth. Pensions of the Compulsory Old-age and Invalidity Insurance.

Additional disposition fourteenth. Duration of the unemployment benefit in the reconversion and reindustrialisation processes.

Additional provision 15th. Unemployment contribution in the Special Regime of Sea Workers

Additional provision sixteenth. Unemployment coverage for paid workers to the party.

Additional 17th disposition. Unemployment of port stowage workers.

18th additional disposition. Management of non-contributory pensions.

Additional 19th disposition. Social Institute of the Navy.

320th additional disposition. Consideration of the services provided in the second place or activity to the Public Administrations.

Additional provision twenty-first. Contribution and collection of contributions to the Wage Guarantee Fund and to Vocational Training.

Additional provision twenty-second. Proceeds from the sale of goods and services provided to third parties.

Additional provision twenty-third. Competence in matters of expenditure authorisations.

Additional 24th disposition. Special schemes excluded from the application of the rules on inspection and collection.

First transient disposition. Transitional rights arising from the legislation before 1967.

Second transient disposition. Contributions made in previous schemes.

Transitional provision third. Application of previous legislation to cause the right to a retirement pension.

Transitional disposition fourth. Gradual application of the periods of contribution required for the retirement pension.

Transient disposition fifth. Transitional rules on the basis of the retirement pension.

Transitional disposition sixth. Incompatibilities of non-contributory benefits.

Transitional disposition seventh. Benefits of the Compulsory Old-age and Invalidity Insurance.

Transient disposition octave. Integration of Substitute Entities.

transient disposition ninth. Non-replacement entities pending integration.

Transient disposition tenth. Situation treated as high in conversion processes.

Transient disposition eleventh. Survival of economic benefits of the Law on the Social Integration of the Disabled.

Transient Disposition twelfth. Debts to the Social Security of the Football Clubs.

transient disposition thirteenth. Concerts for the collection.

Single repeal provision.

Final disposition first. Application of the Law.

Final disposition second. Powers of other ministerial departments.

Final disposition third. Data input to the managing entities.

Final disposition fourth. Accommodation of the rules on retirement pension for age reduction.

Final disposition fifth. Government ratings on unemployment protection.

Final disposition sixth. Effects of changes in the field of unemployment protection.

Final disposition seventh. Regulatory development.

TITLE I

General social security system rules

CHAPTER I

Preliminary Rules

Article 1. Right of the Spanish to Social Security.

The right of Spaniards to Social Security, established in Article 41 of the Constitution, shall be in accordance with the provisions of this Law.

Article 2. Social Security Finances.

The State, by means of Social Security, guarantees persons in the field of application of the State, for carrying out a professional activity or for fulfilling the conditions required in non-contributory mode, as to the relatives or assimilated persons who are in charge of them, adequate protection against contingencies and in the situations referred to in this Law.

Article 3. Unrenounsibility of the rights of Social Security.

Any covenant, individual or collective, by which the worker renounces the rights conferred by this Law shall be null and void.

Article 4. Delimitation of functions.

1. The State is responsible for the management, jurisdiction and inspection of Social Security.

2. Workers and employers shall cooperate in the management of social security in the terms provided for in this Law, without prejudice to other forms of participation of the persons concerned established by the laws, in accordance with Article 129.1. of the Constitution.

3. In no case, the management of social security may serve as a basis for commercial profit operations.

Article 5. Responsibilities of the Ministry of Labour and Social Security and other ministerial departments.

1. The non-jurisdictional functions of the State in matters of social security which are not of the Government's own shall be exercised by the Ministry of Labour and Social Security, without prejudice to those which may correspond, in the specific field of their respective areas, to other ministerial departments.

2. Within the competence of the State, they correspond to the Ministry of Labour and Social Security, in relation to the matters governed by this Law, the following powers:

a) Propose to the Government the General Regulations for their implementation.

(b) The exercise of regulatory authority not included in the previous paragraph.

c) The management and supervision of the managing entities and common services of social security, as well as of the entities that collaborate in the management of the same, being able to suspend or modify the powers and powers of the same in the cases and with the formalities and requirements to be determined by regulation.

d) Inspection of Social Security through the Labour and Social Security Inspectorate.

3. The Ministry of Labour and Social Security shall organise in an appropriate manner the Services and Institutions which have to carry out the appropriate legal, sociological, economic and statistical studies of Social Security, as well as those of simplification and rationalisation of operations and administrative procedures requiring their development and implementation.

4. The exercise of the powers conferred on the Ministry of Labour and Social Security in relation to Social Security shall be the responsibility of the bodies and departments determined in this Law, in their implementing and implementing provisions or in the organic from the Ministry.

Article 6. Coordination of related functions.

It is up to the Government to make the necessary arrangements to coordinate the action of the Bodies, Services and Management Entities of the Social Security system with that of those who perform similar functions of Social Security, Health, Education and Social Care.

CHAPTER II

Application field and Social Security system structure

Article 7. Extension of the application field.

1. They shall be included in the system of social security for the purposes of contributory modality, all Spaniards, irrespective of their sex, marital status and profession, who are resident and normally employed in the territory of the Member State concerned. national and are included in any of the following sections:

(a) employed persons in the various branches of economic activity or treated as such, whether temporary or seasonal, even of discontinuous work, and including workers at home, and with independence, in all cases, of the professional category of the worker, of the form and value of the remuneration he receives and of the common or special nature of his employment relationship.

(b) Self-employed or self-employed persons, whether or not they are holders of individual or family-owned enterprises, over the age of 18 years, who meet the requirements which they expressly determine.

c) Partner Work Cooperative Workers.

d) Students.

e) Public, civil and military officials

2. For the purposes of the preceding paragraph, no account shall be taken of employed persons unless proof to the contrary: the spouse, the descendants, the ascendants and other relatives of the employer, by consanguinity or affinity the second degree inclusive and, where appropriate, by adoption, occupied in their centre or workplaces, when they live in their home and are in their care.

3. They shall also be included in the field of application of the social security system, for the purposes of non-contributory modality, all Spaniards residing in national territory.

4. The Government, within the framework of public social protection systems, may establish social protection measures in favour of Spanish non-residents in Spain, in accordance with the characteristics of the countries of residence.

5. The Spanish Americans, Portuguese, Brazilian, Andorran and Filipino, who reside and are legally in Spanish territory, will be equated to the Spanish for the purposes of the provisions of this article. In respect of nationals of other countries, the Treaties, Conventions, Agreements or Instruments ratified, entered into or approved for that purpose shall be subject to the provisions of the Treaties, Conventions, Agreements or Instruments, or to the extent applicable to them under tacit or explicit reciprocity. recognized.

6. By way of derogation from the preceding paragraphs of this Article, the Government, acting on a proposal from the Ministry of Labour and Social Security and the most representative trade unions or the competent official College, may, at the request of the (a) to exclude from the field of application of the relevant social security scheme, persons whose work as an employed person, in respect of their working time or remuneration, may be considered to be marginal and non-constitutive of life.

Article 8. Mandatory multiple inclusion ban.

1. Persons covered by the field of application of the social security system may not be included in the same work, on a compulsory basis, in other schemes other than those which make up such a system.

2. The systems of compulsory foresight other than those regulated in this Law, which may have constituted certain professional groups, shall be integrated into the General Regime or the Special Regimenes, as appropriate, provided that it is mandatory the inclusion of the groups mentioned in the field of application of such schemes.

Article 9. Structure of the Social Security system.

1. The Social Security system is integrated by the following Regulations:

(a) The General Regime, which is regulated in Title II of this Law.

(b) The Special Regiments referred to in the following Article.

2. As regards the rules governing the social security system in accordance with Article 10 (3) and (4), the rules governing the time, scope and conditions for the application of the system of social security shall be governed by the provisions of Article 10 (3) and (4). the retention of the rights in the course of acquisition of persons who pass from one another to the other, by means of the aggregation of the periods of stay in each of those Regimenes, provided that they do not overlap. Those rules shall be in accordance with the provisions of this paragraph, whatever the arrangements may affect, and shall take into account the extent and content achieved by the protective action of each of them.

Article 10. Special Schemes.

1. Special Regulations shall be established in respect of professional activities in which, by their nature, their peculiar conditions of time and place or the nature of their production processes, such establishment shall be made necessary for the appropriate application of the benefits of social security.

2. The following groups shall be considered Special Regiments:

(a) Workers engaged in agricultural, forestry and livestock activities, as well as holders of small farms who cultivate them directly and personally.

b) Sea workers.

c) Self-employed or self-employed.

d) Public, civil and military officials.

e) Home employees.

f) Students.

g) Other groups to be determined by the Ministry of Labour and Social Security, as they consider it necessary to establish a Special Regime for them, in accordance with the provisions of paragraph 1 of this Article.

3. The Special Regime corresponding to the group (d) of the previous paragraph shall be governed by the Law or Specific Laws that are dictated to the effect. The Special Regulations corresponding to the groups (a) and (b) of that paragraph shall also be governed by specific laws, and shall be subject to the uniformity with the General Regime, in accordance with the terms set out in paragraph 1. next to this Article.

4. In the rules of the Special Regiments not covered by the preceding paragraph, each of them shall be determined for its scope and the various matters relating thereto shall be governed, in accordance with the provisions laid down in this Regulation. of this Title and to the maximum homogeneity with the General Regime, which permit the financial availabilities of the system and the characteristics of the various groups affected by these Regulations.

5. In accordance with the tendency towards the unit to preside over the management of the Social Security system, the Government, on a proposal from the Ministry of Labour and Social Security, may have the integration into the General Regime of any of the Special Regulations relating to the groups referred to in paragraph 2 of this Article, with the exception of those to be governed by specific laws, provided that this is possible taking into account the peculiar characteristics of the the groups concerned and the degree of homogeneity with the General Regime achieved in the regulation of the Special scheme in question.

In the same way, the integration provided for in the previous paragraph may be made available in another Special Regime where the characteristics of both Regimenes so advise and achieve greater homogeneity with the General Regime.

Article 11. Special systems.

In those Social Security Regulations where this is necessary, special systems may be established exclusively in one or more of the following matters: framing, affiliation, form of quotation or collection. In the regulation of such systems, the competent Ministry shall report on the grounds of the activity or condition of the persons included.

CHAPTER III

Affiliation, Quote, and Collection

SECTION 1. SYSTEM AFFILIATION AND UPS AND DOWNS IN THE SYSTEMS THAT INTEGRATE IT

Article 12. Obligation and scope of membership.

Social Security affiliation is mandatory for the persons referred to in Article 7 (1) of this Law, and is unique for the life of the same and for the entire system, without prejudice to the high and low in the (a) a number of different regimes, as well as any other variations that may arise after membership.

Article 13. Ways to practice membership and ups and downs.

1. Membership may be practised at the request of persons and entities who are obliged to such an act, at the request of the persons concerned or on their own initiative by the Social Security Administration.

2. It shall be for the persons and entities to be determined, the fulfilment of the obligations to apply for membership and the corresponding bodies of the Administration of Social Security of the facts. determinants of the high, low and other alterations referred to in the previous article.

3. If the persons and entities to whom such obligations fall are not fulfilled, the persons concerned may directly urge their affiliation, either high or low, without prejudice to the effective discharge of the responsibilities in which they have incurred, including, where appropriate, the payment of the benefits and the imposition of the penalties provided for them.

4. Both the membership and the formalities determined by the high, low and other variations referred to in the preceding article may be carried out by the appropriate bodies of the Social Security Administration on its own initiative, the action of the Inspection Services or any other procedure is found to ensure that these obligations are not complied with.

Article 14. Obligations of the Administration of Social Security and the right to information.

1. The relevant bodies of the Social Security Administration responsible for the matter shall keep up-to-date the data relating to the persons affiliated, as well as the data of the persons and entities to which the compliance of the obligations set out in this Section.

2. Employers and workers shall have the right to be informed by the relevant bodies of the Social Security Administration of the data relating to them. The same right shall be enjoyed by persons who credit a personal and direct interest, in accordance with the provisions of this Law.

SECTION 2. Quote

Article 15. Enforcement.

1. The levy is compulsory in the General and Special Regiments.

2. The obligation to list shall be born from the moment of initiation of the corresponding activity, determined in the regulatory norms of each Regime the persons who have to comply with it.

Article 16. Bases and types of quotation.

1. The bases and types of social security contributions will be those established each year by the corresponding State General Budget Law.

2. The bases of social security contributions, in each of its Regimes, will have as a minimum ceiling the amounts of the interprofessional minimum wage in force at each moment, increased by a sixth, unless otherwise expressed.

Article 17. Premiums for accidents at work and occupational diseases.

The premiums for occupational accident and occupational disease contingencies will have, for all purposes, the condition of social security contributions.

SECTION 3. COLLECTION

Subsection 1. General provisions

Article 18. Competence.

1. The General Treasury of Social Security, as a single box of the Social Security system, will have the effect of collecting the resources of the Social Security system, both voluntary and executive, under the direction, supervision and protection of the State.

2. In order to perform the retreading function, the General Treasury of Social Security may arrange the services it deems appropriate with the State, institutional, autonomous, local or private entities authorized for this purpose and, in particular, with the services of the Ministry of Economy and Finance.

3. The ratings granted to the private entities referred to in the preceding paragraph shall in any event be temporary. Concerts with such entities shall be authorized by the Council of Ministers.

Article 19. Time, place and method of settlement of the quotas and other resources.

1. The bound subjects shall enter the quotas and other resources within the time limit, place and form laid down in this Law, in their implementing and implementing rules or in the specific provisions applicable to the different Regiments and the special systems.

2. The income of the quotas and other resources shall be made directly in the General Treasury of Social Security or through the entities agreed in accordance with Article 18 of this Law.

3. Quotas and other resources may also be entered in the entities authorized for this purpose by the Ministry of Labour and Social Security, who shall dictate the rules for the exercise of this function and may revoke the authorization granted, in case of non-compliance, subject to the case brought to the effect.

4. The entry of the quotas into the agreed or authorized entities shall take place from the moment it is carried out, the same effects as if it had been carried out in the General Treasury of Social Security.

Article 20. Payment deferment and fractionation.

1. Deferrals or fractionations may be granted in respect of the payment of debts for social security contributions or surcharges on them, as well as of those debts with social security whose purpose is to constitute resources which are not of a nature legal fees.

2. Deferrals or payments of debts to the Social Security Fund may not include the contributions to the contingency of accidents at work and occupational disease or the contribution of the workers concerned to the quotas. deferred.

3. The deferrals and fractionations of the debts with the Social Security may be granted in the form and with the requirements and conditions established by the Ministry of Labor and Social Security, in the light of the circumstances that are present in the each case.

4. Deferment or fractionation in the payment of debts to the Social Security shall give rise to the accrual of interest, which shall be payable from the granting of the deferral until the date of payment, in accordance with the legal interest rate of the money to be fixed In accordance with the provisions of Law 24/1984 of 29 June on the modification of the legal interest rate of money.

Article 21. Prescription.

The obligation to pay Social Security contributions will be prescribed at the age of five, from the date on which they were required to be admitted. The limitation period shall be interrupted by the ordinary causes and, in any case, by the act of liquidation, order of payment or award.

Article 22. Ranking of credits.

The credits for social security contributions and the concepts of joint collection and, where appropriate, the surcharges or interests that they carry out, will enjoy, in respect of the totality of the same, of equal order of preference that the appropriations referred to in paragraph 1. of Article 1.924 of the Civil Code and paragraph (D) of paragraph 1. of Article 913 of the Trade Code.

Other Social Security appropriations shall be granted in the same order of preference as provided for in paragraph 2 (2) (E) of Article 1.924 of the Civil Code and in paragraph 1 (D) of Article 913 of the Code of Trade.

Article 23. Return of undue revenue.

1. Persons who are obliged to be listed shall be entitled, in the terms and assumptions which they regulate, to the full or partial refund of the fees which have been entered in error.

2. The right to return will expire at five years of age, after the day following the entry of the quotas.

3. The return of mischievously entered quotas shall not proceed, without prejudice to the responsibilities of any order to which it occurs.

Article 24. Social Security Rights Transactions.

There will be no judicial or extrajudicial compromise on the rights of the Social Security, nor will it be possible to submit to arbitration the races that arise with respect to them, but through Royal Decree agreed upon in the Council of Ministers, prior hearing of the State Council.

By way of derogation from the preceding paragraph, the General Treasury of Social Security may directly subscribe to the agreements or conventions in condoning processes provided for in Sections 1. and 8. of Title XII of the Second Book and Section 6. of Title XIII of the Second Book of the Law on Civil Procedure and the Suspension of Payments Act of 26 July 1922.

Subsection 2. Voluntary Period Collection

Article 25. Statutory deadline for admission.

Social Security debts must be met within the regulatory deadlines laid down in the regulatory standards of the various resources subject to them. If such debts are paid out of the regulatory period, they shall be paid with the default or award surcharge set out in this Act.

Article 26. Presentation of the quotation and compensation documents.

1. The persons responsible for the payment of the fees must make it subject to the formalities which, in each case, are to be imposed and must, inescapably, present the duly completed quotation documents within the time limit. regulations, even if the corresponding quotas are not entered. Such presentation or lack thereof shall produce the effects identified in this Law and its implementing and development provisions.

2. The presentation of the statutory contribution documents will enable the persons responsible to compensate their credit for the benefits paid as a result of their compulsory collaboration with the Social Security and their debt for the fees due in the same period to which the listing documents relate, whichever is the time for the payment of such fees.

Outside of the case governed by this paragraph, the persons responsible may not compensate the amount of the benefits paid by delegate at the time of making cash the income of the quotas, even if there is no (a) the administrative complaint is made, but without prejudice to the possibility that they may subsequently request the compensation of those to the relevant managing body.

Article 27. Default and default charges applicable to quotas.

1. After the statutory period laid down for the payment of the social security contributions without income, the following charges shall be automatically payable:

1. Where the persons responsible for the payment have submitted the listing documents within the regulatory period:

(a) A default of 5 per 100 of the debt, if you pay the fees due within two calendar months after the expiry of the statutory period.

(b) arrears of 20% to 100 if the fees due after the expiry of the period referred to in paragraph (a) above and before the issue of the certificate of discovery are due.

(c) A 20-for-100 award fee, if you pay the fees due after the discovery of the discovery certificate.

2. Where the persons responsible for the payment have not submitted the listing documents within the regulatory period:

(a) Late payment of 35 per 100, if the fees due before the issue of the certificate of discovery are paid, except in the case of overdrafts due to differences in contributions by workers who have been given high or those originated due to lack of affiliation or discharge, in which the late surcharge will be in any case 20 per 100.

However, if the fees are paid before the exhaustion of the time limit set for their payment in the quota requirement issued in the cases that are regulated by law, the late payment will be automatically reduced to the 20 per 100.

(b) A 35-per 100 award fee, if the fees due after the issue of the certificate of discovery are paid out, unless the certificate relates to the clearance certificate, in respect of which the award surcharge shall be Also 20 per 100.

2. Where the origin or cause of the default is attributable to error by the Management Entities or Common Services or, in general, to the Administration, without the same acting as an employer, no additional surcharge shall be applied, regardless of the an obligation to compensate the worker for the damage that the arrears could have caused to him.

Article 28. Default and default surcharges applicable to non-quota debts.

Debts with Social Security whose object is made up of resources other than quotas, surcharges or, where appropriate, interest on each other, will be increased with the late payment of 20 per 100 when they are paid out of the a regulatory period which they have established or, if such time limit is not provided for, after the last day of the month following the month in which the payment of the debt is claimed by the General Treasury of the Social Security, provided that their entry is made within two months of the expiry of one or the other period.

After these two months without payment, regardless of the challenges that may be made against the notification, the General Treasury of the Social Security will issue the corresponding certification of discovered with the award surcharge of 20 per 100.

Article 29. Entry and incompatibility of surcharges.

1. The late payment or the award surcharges will be entered in conjunction with the principal debts on which they are placed.

2. The arrears of arrears are incompatible with each other and with the award, which is also incompatible with another award surcharge on the same debt.

Article 30. Fee payment requirements.

1. Expired the statutory period without the entry of the fees due and without the fact that the listing documents had been submitted within that period, prior to the issue of the certification of the discovered, the General Treasury of the Security Social, by means of a requirement of quotas issued in the conditions and conditions established, will determine the debt and claim its payment to the responsible person, increasing its amount with the surcharge of arrears that comes, according to the paragraph 1.2. of Article 27 of this Law.

By way of derogation from the preceding paragraph, the General Treasury of Social Security shall not issue a quota requirement in the cases of settlement proceedings provided for in Article 31.

2. The amount of the overdrafts which appear in the requirements of uncontested quotas or administrative decisions which have been placed on the replenishment resources made against them must be made effective within 15 days. following your notification.

Article 31. Settlement minutes.

1. Any overdrafts arising out of a lack of affiliation or of discharge, as well as those arising from differences in contributions by workers who are discharged, shall be the subject of the relevant clearance report, which shall be drawn up by the Inspectorate. Work and Social Security.

2. The proceedings may be contested by the persons concerned in the form and with the conditions laid down by the special rules of procedure, in which case the person concerned is entitled to a right of hearing and the possibility of an appeal summary. These rules will be approved by the Government through Royal Decree and on the proposal of the Minister of Labour and Social Security.

3. Settlement minutes shall be transferred to the employees and may be affected by a complaint in respect of the period of time or the basis of contribution to which the settlement is contracted.

4. The issuing and processing of settlement proceedings shall be coordinated with those of an infringement which relate to the same facts.

Article 32. Discovered certifications.

1. The following two months after the expiry of the regulatory period without the debt being satisfied, the listing documents having been submitted within that period without the entry of the corresponding quotas or, where appropriate, Only the contribution of the workers, the General Treasury of Social Security shall issue the corresponding certificate of discovery, with the award surcharge of 20 per 100 set out in paragraph 1.1 (c). Article 27.

2. After the period of 15 days laid down in Article 30 (2), without the required debt, and even if the persons concerned make an economic and administrative complaint, the certificate of discovery which starts the route shall be issued. Award administrative, increasing the amount of the principal with the aaward surcharge of 35 per 100.

3. If the amount of the overdrafts included in the uncontested settlement proceedings and in the administrative decisions which they have given rise, they shall not be satisfied within 15 days of their notification to the Commission. Those interested shall also be issued with a certificate of discovery that starts the award path, increasing the amount of the principal with the award surcharge of 20 per 100.

4. It shall also be issued, in accordance with the terms of Article 28, the corresponding certificate of discovery in the cases of non-payment of debts made up of resources other than quotas, surcharges or interest on each other.

5. The certificate shall be drawn up on the basis of the last wages declared by the debtor, and if there is no statement or if the date of the previous date more than 12 months after the date of the certification, the average values of wages according to the activity or activities of the company, groups and professional categories of workers.

Subsection 3. Recovery on an executive way

Article 33. Initiation of the executive path.

1. The levy of social security contributions not paid on a voluntary basis by the debtor or liable employer shall be carried out by means of an administrative procedure for a prize promoted by the General Treasury of Security Social, which will issue the corresponding discovered certifications.

These certifications, accrediting of the Social Security debt, constitute the executive title to initiate, without another requirement or authorization, the administrative route of the award, and will have the same executive force as the court judgments to proceed against the assets and rights of debtors.

2. Compliance with all debts to social security, which have the character of income from public law and the object of which are not fruits, income or any other product of his movable or immovable property, may be required by the procedure (a) the administrative costs of the payment of the debts to the Social Security, in accordance with the terms laid down in this Law and in which they are regulated.

3. The costs and expenses incurred by the executive branch shall always be borne by the debtor.

Article 34. Providence of aaward and opposition to it.

1. The execution against the debtor's assets, on the basis of the corresponding certification of discovery, shall be issued by means of award.

2. Persons against whom the executive procedure has been initiated for debts to the Social Security may express opposition to the award decreed within 15 days of the date of its notification.

3. The following grounds of opposition shall be admissible against the award of the award, duly justified:

a) Payment.

b) Prescription.

c) Deferment.

d) A failure to notify the settlement, when it is sourced.

e) Formal defect in discovery certification or award providence, which will affect you substantially.

f) Error in the discovery certification when the same is referred to as a regulatory deadline.

4. If opposition is made for the reasons listed in the previous paragraph, the award procedure shall be suspended only until the opposition has been resolved.

5. If the parties concerned make other disputes on an administrative basis and, where appropriate, administrative disputes, the award procedure shall not be suspended if the payment of the debt is not paid, is guaranteed with sufficient guarantee or the amount of the amount, plus the statutory costs incurred, at the disposal of the General Treasury of Social Security.

Article 35. Tercerias.

1. It is up to the General Social Security Treasury to resolve any third-party disputes arising from the award procedure, and its standing before that body will be a prerequisite for it to be brought before the Court of Justice. ordinary jurisdiction.

2. The third party may only be founded in the domain of the assets seized from the debtor or in the right of the third party to be reintegrated from his credit with preference to that pursued in the award file.

3. If the third party is in the domain, the award procedure will be suspended until the latter is resolved, and once the security measures have been taken following the embargo, according to the nature of the goods. If it is better, the procedure shall continue until the goods have been carried out, and the product obtained shall be entered as a deposit as a result of the third party. The third party shall not be admitted after having granted the deed, of consummate the sale of the goods in question or of its award in payment to the Social Security. The best-right terceria will not be admitted after the collector has received the price of the sale.

Article 36. Duty of information by financial institutions, public officials and official professionals.

1. The persons or entities depository of cash or in account, securities or other assets of debtors to the Social Security in executive period, are obliged to inform the executive collecting organs of the General Treasury of Social Security and to meet the requirements that are made by them in the exercise of their legal functions.

2. Failure to comply with the obligations laid down in the previous paragraph may not be covered by banking secrecy.

The requirements regarding the movements of current accounts, savings and time deposits, loan and credit accounts and other active or passive operations of the Banks, Savings Banks, Credit Unions and any natural or legal person engaged in banking or credit traffic shall be made subject to the authorization of the Director-General of the General Treasury of Social Security or, where appropriate, and under the conditions which he/she regulates establish, from the provincial director of the General Treasury of the competent Social Security, and shall specify the operations under investigation, the taxable persons concerned and the extent of the operations concerned as regards the period of time to which they relate.

3. Public officials, including official professionals, are required to collaborate with the Social Security Administration to provide all kinds of information with a significant amount of social security and other resources. concepts of joint collection for which they have, unless applicable:

a) The secret of the content of the correspondence.

b) The secret of the data that has been supplied to the public administration for a purely statistical purpose.

c) The duty of secrecy and secrecy of the Public Finance with respect to the data supplied to it in order to comply with the tax obligations.

The secret of notarial protocol shall cover the public instruments referred to in Articles 34 and 35 of the Law of 28 May 1862, and those relating to matrimonial matters, with the exception of those concerning the economic of the conjugal society.

4. The data or reports obtained by the Administration of Social Security pursuant to the provisions of this provision may be used only for the purposes of collection entrusted to the General Treasury of Social Security and, where appropriate, for the denunciation of the facts which may constitute public offences.

How many authorities and officials are aware of these data or reports will be obliged to the strictest and most complete secrecy with respect to them, except in the cases of the crimes cited, in which they will be limited to deducting the either of the fault or of referring to the Prosecutor's Office a circumstantial relationship of the facts that are considered to constitute a crime. Irrespective of any criminal or civil liability that may be appropriate, the breach of this particular duty of stealth shall be deemed to be a very serious disciplinary offence.

Article 37. Lifting of embargoed goods.

The persons or entities depository of embargable goods which, with prior knowledge of the embargo practiced by the Social Security, according to the administrative procedure of the regulatory award established, collaborate or consent to the lifting of the same, they will be jointly responsible for the debt up to the limit of the amount raised.

CHAPTER IV

Protective action

SECTION 1. GENERAL PROVISIONS

Article 38. Protective action of the Social Security system.

1. The protective action of the Social Security system shall comprise:

(a) Health care in cases of maternity, common or occupational disease and accidents, whether or not they are work.

(b) The professional recovery, the source of which is appreciated in any of the cases mentioned in the previous paragraph.

(c) Economic benefits in situations of temporary incapacity for work; invalidity, in their contributory and non-contributory forms; retirement, in their contributory and non-contributory forms; unemployment, at their levels contributive and caring; death and survival; as well as those granted in the contingencies and special situations that are regulated by Royal Decree, on the proposal of the Minister of Labour and Social Security.

Economic benefits for invalidity and retirement, in their non-contributory forms, shall be granted in accordance with the rules contained in Title II of this Law.

Unemployment benefits, in their contributory and welfare levels, will be granted in accordance with the regulation contained in Title III of this Law.

d) Family benefits per child in charge, in their contributory and non-contributory modalities.

Family benefits for dependent child, in their non-contributory form, shall be granted in accordance with the rules contained in Title II of this Law.

e) the provision of social services which may be provided for in the re-education and rehabilitation of disabled persons and for the provision of care for the elderly, as well as in other matters in which it is deemed appropriate.

2. Similarly, and in addition to the benefits provided for in the previous paragraph, the benefits of social assistance may be granted.

3. The protective action contained in the earlier numbers establishes and limits the scope of the General Regime and the Social Security Special as possible, as well as the non-contributory mode of benefits.

Article 39. Voluntary improvements.

1. The contributory form of the protective action which the social security system grants to the persons referred to in Article 7 (1) of this Law may be voluntarily improved in the form and conditions to be established. in the regulatory rules of the General Regime and Special Regiments.

2. Without another exception, the establishment of voluntary improvements, as provided for in the preceding number, shall not be subject to collective procurement.

Article 40. Characters of the capabilities.

1. The benefits of social security, as well as the benefits of their social services and social assistance, may not be withheld, without prejudice to the provisions of paragraph 2 of this Article, total or partial disposal, compensation or discount, except in the following two cases:

(a) In order to comply with the maintenance obligations in favor of the spouse and children.

(b) In the case of obligations incurred by the beneficiary under Social Security.

In the matter of the embargo, it will be in accordance with the Law of Civil Procedure.

2. Perceptions arising from the protective action of Social Security shall be subject to taxation in the terms laid down in the regulatory rules of each tax.

3. No tax rate, or any right of any kind, may be required in respect of any information or certification provided by the relevant bodies of the Social Security Administration and the administrative, judicial or judicial bodies. or of any other class, in relation to the benefits and benefits referred to in paragraph 1 of this Article.

Article 41. Responsibility in order for the benefits.

1. The Social Security Management Entities shall be responsible for the performance of which the management is assigned to them, provided that the general and particular conditions required to cause the same in the rules have been met. established in Title II of this Law, as regards the General Regime and the non-contributory modality of the benefits, and in the specific ones applicable to the various Special Regiments.

2. For the allocation of responsibilities in order to the benefits, in their contributory form, to entities or persons other than those specified in the preceding paragraph, the provisions of this Law shall be in accordance with the provisions of this Law. development and implementation or regulatory standards for Special Regiments.

Article 42. Payment of contributory pensions, arising from common risks, and non-contributory pensions.

1. The contributory pensions arising from common contingencies of any of the Regiments that make up the Social Security system will be satisfied in fourteen pages, corresponding to each of the months of the year and two extraordinary pages which will become due in the months of June and November.

2. In addition, the payment of invalidity and retirement pensions, in their non-contributory forms, shall be divided into 14 pages, corresponding to each of the months of the year and two extraordinary pages to be paid in the months of June and November.

SECTION 2. PRESCRIPTION, EXPIRY AND REIMBURSEMENT OF UNDUE BENEFITS

Article 43. Prescription.

1. The right to the recognition of benefits shall be five years from the day following that in which the event causing the benefit in question takes place, without prejudice to the exceptions to be laid down in the This Law and the effects of such recognition shall occur from the three months preceding the date on which the relevant application is submitted.

2. The prescription shall be interrupted by the ordinary causes of Article 1.973 of the Civil Code and, in addition, by the complaint to the Social Security Administration or the Ministry of Labour and Social Security, as well as by virtue of the (a) the Labour Inspectorate and the Social Security Inspectorate in relation to the case in question.

3. In the event that a court action against an alleged culprit, criminal or civilly, is entered, the prescription will be suspended while the case is processed, returning to the deadline from the date of notification of the order of overment or since the judgment becomes firm.

Article 44. Expiration.

1. The right to the receipt of the flat-rate benefits shall, for one time, expire each year from the day following that of the person concerned being notified in the form of his concession.

2. In the case of periodic benefits, the right to the receipt of each monthly payment shall expire on the year of its respective maturity.

Article 45. Drawback of undue benefits.

1. Workers and other persons who have received undue benefits from social security shall be obliged to reintegrate their amount.

2. Those who, by way of action or omission, have contributed to making the undue perception of a benefit possible, will respond with the recipients, unless proven good faith, of the obligation to reintegrate as set out in the previous paragraph.

SECTION 3. REVALUATION AND MAXIMUM AND MINIMUM PENSION AMOUNTS

Subsection 1. Common provisions

Article 46. Consideration as public pensions.

The pensions paid by the General Regime and the Special Regimes, as well as those of non-contributory mode of social security, shall, for the purposes of this Section, be considered as pensions. (b) public, within the meaning of Article 37 of Law 4/1990 of 29 June 1990 on the General Budget of the State for 1990.

Subsection 2. Contributory pensions

Article 47. Limitation of the initial amount of pensions.

The initial amount of Social Security contributory pensions for each beneficiary shall not exceed the monthly total amount established annually by the corresponding State General Budget Law.

Article 48. Revaluation.

1. Pensions recognised by retirement or permanent invalidity, in their contributory form, the regulatory basis of which would have been determined in accordance with Articles 162.1 and 140 respectively, shall be revalued at start of each year, according to the Consumer Price Index planned for that year.

2. The rest of the pensions recognized by the Social Security system will be revalued periodically by the Government, on the proposal of the Minister of Labor and Social Security, taking into account, among other indicative factors, the increase of the the average level of wages, the Consumer Price Index and the overall evolution of the economy, as well as the economic possibilities of the Social Security system.

3. Deviations from inflation forecasts for each year referred to in paragraph 1 of this Article shall be taken into account in the following year in order to improve all pensions, in their contributory form, they are lower than the minimum interprofessional salary.

Article 49. Limitation of the amount of the annual revaluation.

The amount of the annual revaluation of Social Security pensions may not determine for these, once revalued, an annual full value higher than the amount set out in the corresponding Budget Law. General of the State, in addition, if applicable, to the full annual amount already recovered from the other public pensions received by the holder.

Article 50. Allowances for pensions lower than the minimum.

The pension beneficiaries of the Social Security system, in their contributory form, who do not receive capital income or personal work or who, perceiving them, do not exceed the amount that is established annually by the State General Budget Law, shall be entitled to receive the necessary allowances to achieve the minimum amount of pensions, in the terms that are legally or regulatively determined.

To the sole guarantee effects of allowances for minimums, public pensions that are not in charge of any of the basic public welfare schemes shall be equated with working income.

Article 51. Extraordinary pensions arising from acts of terrorism.

Extraordinary pensions that are recognised by the Social Security, originated by acts of terrorism, shall not be subject to the limits of initial recognition and pension revaluation provided for in this Law. Subsection 3. Non-contributory pensions

Article 52. Revaluation.

Social Security pensions, in their non-contributory mode, will be updated in the corresponding State General Budget Law, at least, in the same percentage as the Law establishes as a general increase. of the contributory pensions of Social Security.

CHAPTER V

Social services

Article 53. Object.

As a supplement to the benefits corresponding to situations specifically protected by Social Security, it is, subject to the provisions of the Ministerial Department that corresponds and in connection with its (a) the respective bodies and departments shall extend their action to the provision of social services provided for in this Law, or which may in future be established in accordance with the provisions of Article 38 (1) of the Treaty; This Act.

Article 54. Right to re-education and rehabilitation.

1. The rights of those who fulfil the status of a beneficiary of the professional recovery of invalids are those covered by Title II of this Law for those included in the General Regime, and those which, where appropriate, are provided for in the regulatory standards for Special Regiments for those within the scope of each of them.

2. Disabled persons of working age shall be entitled to benefit from the provision of professional recovery of invalids as referred to in the preceding paragraph, under the conditions laid down in the rules.

CHAPTER VI

Social Care

Article 55. Concept.

1. The Social Security, under the funds to be determined for this purpose, may exempt persons included in their field of application and the families or persons who are treated as dependent on the services and economic aid which, for the purposes of states and situations of need, are considered to be precise, after demonstration, except in cases of urgency, that the person concerned lacks the resources necessary to deal with such states or situations.

Under the same conditions, in cases of legal separation or divorce, the spouse and descendants who would have been beneficiaries by reason of marriage or parentage shall be entitled to the welfare benefits.

The conditions for the provision of social assistance to the spouse and children, in the case of separation in fact, of persons included in the field of application of social security shall be determined.

2. Social assistance may be granted by the managing bodies within the limits of the resources allocated for this purpose in the corresponding budgets, without the financial services or aid granted being able to commit resources for the financial year. the economic next to the one in which the concession takes place.

Article 56. Content of aid assistance.

Aid assistance shall include, inter alia, those provided by special treatment or intervention, in exceptional cases, by a given person or in a given institution; income as a result of the fortuitous break of prosthesis devices, and any other similar ones whose perception is not regulated in this Law or in the specific rules applicable to Special Regimenes.

CHAPTER VII

Managing Social Security

SECTION 31. MANAGING ENTITIES

Article 57. Enumeration.

1. The management and administration of Social Security shall be carried out, under the direction and supervision of the respective ministerial departments, subject to the principles of simplification, rationalization, cost economy, financial solidarity and unity. cash, social efficiency and decentralization, by the following management entities:

(a) The National Social Security Institute for the management and administration of the economic benefits of the Social Security system, with the exception of those referred to in paragraph (c) below.

b) The National Institute of Health, for the administration and management of health services.

(c) The National Institute of Social Services, for the management of invalidity and retirement pensions, in their non-contributory forms, as well as for the complementary services of the benefits of the Social Security.

2. The various management bodies, for the purpose of the proper homogenisation and rationalisation of the services, will coordinate their action in order to use health facilities, through concerts or collaborations which will have the effect of determine between them.

Article 58. Structure and competencies.

1. The Government, on a proposal from the Ministry of Protection, shall regulate the structure and powers of the entities referred to in the previous article.

2. The managing bodies shall develop their activity under decentralised arrangements, in the different territorial areas.

3. The care centres of the managing bodies may be managed and managed by local authorities.

Article 59. Legal nature.

1. The managing entities have the nature of entities governed by public law and legal capacity to carry out the tasks entrusted to them.

2. In accordance with Article 5 (c) of the Law of 26 December 1958, the provisions of that Law shall not apply to those entities.

3. The managing bodies shall enjoy the benefit of free justice for jurisdictional purposes.

Article 60. Participation in management.

The government is empowered to regulate the participation in the control and supervision of management of the management entities, which will be carried out gradually, from the state level to the local level, by bodies in which they will be included, fundamentally, by equal parties, representatives of the various trade unions, business organisations and the public administration.

Article 61. International relations and services.

The managing entities, with the prior agreement of the Ministry of Protection, may belong to international associations and organizations, to arrange operations, to establish reciprocity of services with institutions (a) foreign nationals of a similar character and shall participate, in so far as they are assigned, in the implementation of the international conventions on social security.

SECTION 2. ES SERVICES

Article 62. Creation.

It is up to the government, on a proposal from the Ministry of Labor and Social Security, to establish common services, as well as the regulation of its structure and competences.

Article 63. General Treasury of Social Security.

1. The General Treasury of Social Security is a common service with its own legal personality, in which, by application of the principles of financial solidarity and the single box, all financial resources are unified, both by operations budget as extra-budgetary. He shall be responsible for the custody of the funds, securities and credits and the general care and collection services for the rights and payments of the obligations of the Social Security system.

2. The General Treasury of Social Security shall enjoy the benefit referred to in Article 59 (3). It shall also be applicable to the management bodies referred to in Article 61.

SECTION 3. COMMON RULES FOR MANAGING ENTITIES AND COMMON SERVICES

Article 64. Name reservation.

No public or private entity may use in Spain the title or names of the managing entities and common services of Social Security, nor those that may result from the addition to the same of certain words or of the mere In other words, the main ones are the main ones. The term "Social Security" may also not be included in its name unless it is authorized by the Ministry of Labour and Social Security.

Article 65. Tax exemptions and other benefits.

1. The managing entities and common services shall enjoy to the same extent as the State, with the limitations and exceptions that, in each case, establish the current tax legislation, of absolute tax exemption, including the rights and fees (a) notarial and registrants, for the acts which they carry out or the goods which they acquire or are affected for their purposes, provided that the taxes or charges in question are directly borne by the reference bodies in respect of the the taxpayer and without it being legally possible to transfer the tax burden to other persons.

2. They shall also enjoy, to the same extent as the State, postal and telegraphic franchising.

3. The exemptions and other privileges referred to in this Article and in Article 59 (3) of this Law shall also be granted to the managing bodies as soon as they affect the management of the voluntary improvements provided for in Article 39 of the This Act.

Article 66. Staff.

1. Officials of the Administration of Social Security shall be governed by the provisions of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service and other provisions applicable to them.

2. It is up to the Government, on a proposal from the competent Minister, to appoint and cease managerial posts with a category of Director-General or assimilated.

SECTION 4. COLLABORATION IN THE MANAGEMENT OF SOCIAL SECURITY

Subsection 1. General layout

Article 67. Collaborating entities.

1. The partnership in the management of the Social Security system shall be carried out by Mutual Working Accidents and Occupational Diseases of Social Security and by enterprises, in accordance with the provisions of this Section.

2. Collaboration in management can also be done by associations, foundations and public and private entities, prior to their registration in a public register.

Subsection 2. Mutual of Occupational Accidents and Occupational Diseases of Social Security

Article 68. Definition.

1. The Mutual Accident of Work and Occupational Diseases shall collaborate in the management of Social Security, in relation to the contingencies of accidents at work and occupational disease.

2. For the purposes of this Article, they shall be deemed to be the Mutual Working Accident and Occupational Diseases of the Social Security, for the purposes of this Article, to the associations legally constituted with the joint responsibility of their associates, whose operations, without Prejudice to the provisions of the 11th additional provision of this Law, they are reduced to spread among their partners:

(a) The cost of benefits due to accident of work suffered by the staff at the service of the associates.

b) the cost of benefits for occupational diseases suffered by staff at the service of the partners, in the situation of temporary incapacity for work and period of observation, and in other situations, the contribution they are assigned to deal with, in compensation arrangements, the general claim arising out of the contingency.

(c) The contribution to the prevention, recovery and other services provided for in this Law, in favour of the victims of those contingencies and their beneficiaries.

d) The administrative expenses of the entity itself.

3. These mutuals may not give rise to the perception of economic benefits of any kind in favour of the partners.

4. In accordance with Article 17 and Article 80 (1), the revenue which the mutual funds shall obtain as a result of the premiums for accidents at work provided to them by the employers to whom they are associated, as well as the movable or immovable property in which such income may be invested, are part of the social security assets and are affected to the fulfilment of the purposes of the social security.

The assets incorporated in the assets of mutual funds before 1 January 1967 or during the period between that date and 31 December 1975, provided that in the latter case they are goods which come from (a) of the 20 per 100 excess surplus, as well as those which come from resources other than those originating in the Social Security quotas, constitute the historical heritage of the mutual societies, the property of which corresponds to them in their capacity as association of employers, without prejudice to the protection referred to in Article 71 of this Law.

This historical patrimony is equally strictly affected by the social end of the entity, without its dedication to the social ends of the mutual one being able to derive returns or property increases which, in turn, constitute a charge for the unique patrimony of Social Security.

Without prejudice to the general provisions of the preceding paragraph, mutual funds that have real estate members of their historical patrimony, intended to locate health or administrative centers and services for the development of the activities of the partnership with the Social Security entrusted to them, may charge in their respective management accounts a fee or cost of compensation for the use of such buildings, prior to authorization and under the conditions to be determined.

5. The Mutual Insurance and Occupational Accidents of Social Security shall enjoy the tax exemption, in the terms established for the managing entities, in Article 65 (1) of this Law.

Article 69. Requirements for their constitution and operation.

In order to build and develop collaboration in the management referred to in the previous article, mutual societies will have to meet the following requirements:

(a) At least 50 employers and 30,000 workers are present, with a quota volume of not less than the limit to be established.

(b) To limit their activity, without prejudice to the provisions of the additional provision of this Law, to the protection, in collaboration, of the contingencies of accidents at work and occupational disease.

c) To provide bail, in the amount indicated by the implementing and development provisions of this Law, to ensure the fulfilment of their obligations.

Article 70. Associate entrepreneurs.

1. In order to formalise the protection against accidents involving accidents at work and occupational disease of the staff at their service, employers may choose to do so in the competent management body or by associating themselves with a mutual accident accident. Occupational Social Security Work and Diseases.

2. Employers associated with a mutual fund shall, for the purposes of these rules, protect the whole of their employees in the same entity from work centres falling within the scope of mutual assistance. For these purposes, the working centre shall be defined as such in Law 8/1980 of 10 March of the Staff Regulations.

3. The Mutual Working Party and the Occupational Diseases Association shall accept any proposal for an association and a consequent protection for its staff, by employers falling within its scope of action, in the same way as terms and with the same scope as the managing entities in relation to the employers and workers who have concerted this contingency with them.

The non-payment of the fees by an employer associated with a mutual one may not result in the resolution of the association agreement.

Article 71. Competence of the Ministry of Labour and Social Security.

1. The Ministry of Labour and Social Security is responsible for the powers of management and supervision of the Mutual Working and Occupational Diseases of Social Security, as set out in Article 5 (2) (c

.

2. Each year shall be the subject of an audit of accounts, which shall be carried out by the General Intervention of Social Security.

In order to carry out such an audit, the General Intervention of Social Security, in the event of insufficient personal means, may request the collaboration of private entities, which must conform to the rules and instructions to be laid down by that management centre, which may also carry out such reviews and quality checks as it deems appropriate. Such cooperation shall require the corresponding ministerial authorisation, as provided for in Article 93.

Article 72. Authorisation and cessation.

1. The Ministry of Labour and Social Security shall approve the Statutes and authorize the formation and performance of the Mutual Work and Occupational Diseases of Social Security, in accordance with the rules of this Law and its application and development provisions.

2. The mutual associations may cease in the collaboration provided for in this section by their own will, communicating it to the Ministry of Labour and Social Security three months in advance, at least, so that the timely liquidation is carried out. Similarly, the Ministry of Labour and Social Security may withdraw the authorization referred to in paragraph 1 of this Article, where the conditions and conditions required for the formation of such entities are no longer met, and in the other assumptions that are identified in the implementing and development provisions of this Law.

3. In the cases referred to in the preceding number, the mutual settlement shall be carried out, and any surplus which may result, after the completion of the settlement process, shall be used for the specific purposes of social security which determine its Statutes.

Article 73. Surplus.

The annual surpluses obtained by mutual funds in their management must first be affected by the establishment of the reserves which are to be determined. In addition, the destination to be given for excess of the surplus resulting, once covered by the indicated reserves, must be established, in any case, the 80 per 100 of them for the general purposes of the prevention and rehabilitation.

Article 74. Adoption of precautionary measures.

1. The Ministry of Labour and Social Security may adopt the precautionary measures contained in the following number where the mutual benefit is in one of the following situations:

a) Cumulative deficit in excess of 25 per 100 of the theoretical amount of the immediate obligation reserves.

Such a deficit will be considered once the stabilization reserves have been prepared and, if necessary, the reserves of immediate obligations and, where appropriate, the voluntary ones of the entity.

(b) Where the immediate obligation reserve does not reach 80 per 100 of its maximum amount, once the stabilisation reserve has been exhausted.

(c) Liquidity Difficulties that have determined the delay or default in the payment of benefits.

(d) Situations in fact, deducted from the checks carried out by the Administration, which determine an economic and financial imbalance which jeopardises the solvency or liquidity of the institution, the interests of the mutualists and beneficiaries or non-compliance with the obligations incurred, as well as the inadequacy or irregularity of the accounting or administration, in terms of preventing the situation of the entity from being known.

2. Irrespective of the penalties which, for the purposes of this Law, the precautionary measures referred to in the preceding paragraph, in accordance with the characteristics of the situation, may consist of:

(a) Require the institution to submit within one month a plan of viability, rehabilitation or consolidation in the short or medium term, approved by its Board of Directors, in which appropriate financial measures are proposed, (a) administrative or other order, make provision for the results and set the time limits for its implementation, in order to overcome the situation which gave rise to that requirement, and in any event guarantee the rights of the protected workers and of the Social Security.

The duration of the plan will not exceed three years, depending on the circumstances, and will concretize in its form and periodicity the actions to be carried out.

The Ministry of Labour and Social Security shall approve or refuse it within one month and, where appropriate, determine the frequency with which the institution shall report its development.

b) Call the governing bodies of the entity, designating the person to chair the meeting and account for the situation.

c) To suspend all or some of the directors of the institution in their duties, and the persons who, previously accepted by the Ministry of Labour and Social Security, should be appointed to replace them interchangely. If the institution fails to do so, the Ministry may designate it.

d) To order the execution of corrective measures of the unfavorable trends recorded in their economic development and in the fulfillment of their social ends during the last years analyzed.

e) Intervening the entity to verify and to ensure the correct fulfillment of specific orders emanating from the said Ministry when, in another case, such orders could be infringed and thereby to be found immediate for protected workers and Social Security.

3. In order to take the precautionary measures provided for in the preceding paragraph, the corresponding administrative procedure with prior hearing of the entity concerned shall be instructed. Such measures shall cease by agreement of the Ministry of Labour and Social Security when the reasons for which they have been removed have disappeared.

Article 75. Incompatibilities.

1. May not hold the position of Director-Manager, Manager or carry under any other title the executive direction of a Mutual Accident of Work and Occupational Diseases of Social Security:

(a) Those who belong to the Board of Directors or perform any paid activity in any company associated with the mutual.

(b) Those who, themselves, their spouses or children who are subject to parental authority, hold the ownership of a participation equal to or greater than 25 per 100 of the share capital in any of the companies associated with the mutual.

(c) Those who, as a result of a sanctioning file, have been suspended from their duties until the time of suspension.

2. They may not be a member of the Board of Directors of a mutual, nor shall they be the Director-Manager, Manager or assimilated, persons who, in their capacity as agents or agents, are engaged in the processing, on behalf of the mutual, of agreements of association for the coverage of occupational accident and occupational disease risks.

3. Failure to comply with the provisions of paragraph 1 of this Article shall be deemed to be very serious, for the purposes of Law 8/1988 of 7 April on Infractions and Sanctions of Social Order.

Article 76. Prohibitions.

1. Members of the Board of Directors, Directors-Managers, Managers or assimilated persons, or any other person who carries out executive management functions in a Mutual of Occupational Accidents and Occupational Diseases, shall not be able to buy or sell for whether or not directly or by person or entity, any assets of the entity.

For these purposes, the operation is understood to be performed per person or entity that is interposed when it is executed by a person united by a link of direct or collateral in line, consanguinity or affinity, to the fourth degree (a) whether or not by a representative or by any company in which the persons referred to in the preceding paragraph have, directly or indirectly, a percentage equal to or greater than 25 per 100 of the share capital; or the exercise of decision-making power.

2. Failure to comply with the provisions of the previous paragraph shall be deemed to be very serious, for the purposes of Law 8/1988 of 7 April on Infractions and Sanctions of Social Order.

Subsection 3. Companies

Article 77. Business collaboration

1. The companies, individually considered and in relation to their own staff, will be able to collaborate in the management of Social Security exclusively in some or some of the following ways:

(a) directly assuming the payment, in his capacity, of the benefits for temporary incapacity for work arising from accidents at work and occupational disease and the benefits of health care and professional recovery, including the corresponding allowance during the given situation.

(b) Taking into account the collaboration in the management of health care and the temporary incapacity for work resulting from a common illness and non-work accident, with the right to receive a participation in the fraction of the the quota for such situations and contingencies, to be determined by the Ministry of Labour and Social Security.

(c) Paying its employees, in charge of the required managing body, the economic benefits for temporary incapacity for work, as well as the other benefits that may be determined by regulation.

(d) directly assuming the payment, in his capacity, of the economic benefits due to temporary incapacity for work arising from a common illness or non-work accident, under the conditions laid down by the Ministry of Labour and Social Security.

Companies that engage in this form of collaboration will have the right to reduce the share of Social Security by applying the coefficient that the Ministry of Labor and Social Security will set for this purpose.

2. The Ministry of Labour and Social Security may provide, on a compulsory basis, for all undertakings or for some of certain characteristics, cooperation in the payment of benefits referred to in paragraph (c) above.

3. The Ministry of Labour and Social Security shall determine the conditions under which the cooperation provided for in the earlier numbers of this Article shall be governed.

4. The form of collaboration of undertakings in the management of social security referred to in paragraph 1 of this Article may be authorized to groups of undertakings, which are constituted for this sole purpose, provided that they fulfil the conditions laid down in the determine the Ministry of Labour and Social Security.

5. The arrangements for cooperation laid down in paragraphs 1, 1 (a), (b) and (d) of paragraph 1 and in paragraph 4 of this Article shall be in line with the particular interest in the improvement of benefits and means of assistance with the demands of national solidarity.

SECTION 5. INSPECTION

Article 78. Competence of the Inspectorate.

1. The inspection in the field of Social Security will be carried out through the Inspection of Work and Social Security, developing the functions and competences that it has attributed by Law 39/1962, of July 21, this Law and norms concordant.

2. Specifically, it will be up to the Labour and Social Security Inspectorate:

(a) The inspection of the management and operation of the managing entities, common services and institutions of the Social Security and, in particular, the monitoring of the late payment and collection of the security contributions Social.

(b) Inspection of the management, operation and enforcement of the legislation that applies to collaborative entities in management.

c) Technical assistance to social security entities and bodies, when requested.

3. The transcribed powers shall be exercised in accordance with the powers and procedures laid down in the applicable provisions.

Article 79. Collaboration with the Inspectorate.

The Social Security Services will lend their collaboration to the Labor and Social Security Inspectorate in order to the surveillance that it has attributed to the fulfillment of the obligations of employers and workers. established in this Law.

CHAPTER VIII

Economic Regime

SECTION 1. HERITAGE OF SOCIAL SECURITY

Article 80. Heritage.

1. The quotas, assets, rights, actions and resources of any other gender of the Social Security constitute a unique patrimony affected to its ends, distinct from the patrimony of the State.

2. The regulation of the patrimony of social security shall be governed by the specific provisions contained in this Law, in its implementing and development rules and, as far as is not foreseen, by the provisions of the Law on the Heritage of the State. References to the State Heritage Law to the Finance Delegations, to the General Directorate of the State Heritage, and to the Ministry of Economy and Finance shall be read, respectively, to the Directorates Provincial of the Social Security Treasury, to the General Directorate of the General Treasury of Social Security and to the Ministry of Labor and Social Security.

Article 81. Ownership, membership, administration and custody.

1. The ownership of the unique patrimony of Social Security corresponds to the General Treasury of Social Security. Such ownership, as well as the attachment, administration and custody of the said estate, shall be governed by the provisions of this Law and other regulatory provisions.

2. The certificates that are issued in respect of the official inventories and documents kept in the Social Security Administration shall be sufficient for their certification and registration in the corresponding Official Records.

Article 82. Acquisition of real estate.

1. The acquisition for consideration of immovable property of Social Security, for the purposes of its purposes, shall be carried out by the General Treasury of Social Security by means of a public tender, unless, in the light of the peculiarities of the The Ministry of Labour and Social Security needs to be able to obtain direct acquisition.

2. It is for the Director-General of the National Institute of Health to authorize the contracts for the acquisition of immovable property which the Institute requires for the fulfilment of its purposes, prior to the report of the General Treasury of Social Security. The authorisation of the Minister for Health and Consumer Affairs, according to the amount set out in the corresponding State General Budget Law, will be required.

3. The Ministry of Labour and Social Security shall determine the applicable procedure for the acquisition of the goods affected by the performance of the purposes of collaboration in the management of the Accidents of Work and Diseases. Social Security Professionals.

Article 83. Disposal of real estate and securities.

1. The disposal of immovable property incorporated in the social security patrimony shall require the authorization of the Ministry of Labour and Social Security when its value, according to the expert assessment, does not exceed the amounts fixed by the State Heritage Act, or Government in the remaining cases.

The disposal of the goods referred to in the preceding paragraph shall be carried out by public auction, except where the Council of Ministers, acting on a proposal from the Minister of Labor and Social Security, authorizes direct disposal. This may be authorised by the Minister of Labour and Social Security in the case of goods which do not exceed the value laid down in the State Heritage Act.

2. The disposal of securities securities, whether variable or fixed income, shall be made subject to authorization in accordance with the terms laid down in the preceding paragraph of this Article. By way of derogation, the official stock exchange listing securities will necessarily be held in this institution, in accordance with the existing securities market legislation, without requiring prior authorisation for sale when required. in order to pay for the payment of statutory benefits and the gross amount of the sale does not exceed the amount fixed by the corresponding State General Budget Law. The Ministry of Labour and Social Security shall be immediately taken into account of the activities of such securities.

Article 84. Leasing and disposal of real estate.

1. The leases of immovable property to be carried out by the Social Security shall be made by public tender, except in cases where, in the opinion of the Ministry of Labour and Social Security, it is necessary or appropriate to arrange for them to direct.

2. It is for the Director-General of the National Institute of Health to authorize the lease of immovable property which the Institute requires for the fulfilment of its purposes. The authorisation of the Minister for Health and Consumer Affairs shall be required where the amount exceeds the amount of annual income set out in the corresponding State General Budget Law.

3. The Ministry of Labour and Social Security shall determine the applicable procedure for the leasing of goods affected by the performance of the purposes of collaboration in the management of the Mutual Work and Disease Accidents Social Security Professionals.

4. The buildings of the social security patrimony which are not necessary for the fulfilment of their purposes, and in respect of which the non-convenience of their disposal or lease is credited, may be transferred for purposes of public utility or in the interest of Social Security, by the Government, on a proposal from the Minister of Labour and Social Security.

Article 85. Inembargability.

The assets and rights that make up the patrimony of Social Security are inembargable. No Court or administrative authority may give a ruling on the seizure or issue a warrant for the execution of the assets and rights of the Social Security patrimony, or against their income, fruits or products, application, where appropriate, of the provisions of Articles 44, 45 and 46 of Royal Decree No 1091/1988 of 23 September 1988 on the recast of the General Budget Law.

SECTION 2. FINANCIAL RESOURCES AND SYSTEMS OF SOCIAL SECURITY

Article 86. General resources.

1. The resources for the financing of Social Security shall consist of:

(a) The progressive contributions of the State, which will be entered on a permanent basis in their General Budget, and those that are agreed for special attention or are required by the circumstances.

b) The quotas of the obligated persons.

(c) The amounts collected in respect of surcharges, penalties or other similar amounts.

d) The fruits, income or interest and any other product of their heritage resources.

e) Any other income, without prejudice to the provision of the additional twenty-second provision of this Law.

2. The protective action of social security, in its contributory form, shall be financed by the application of the set of resources referred to in the preceding paragraph, without prejudice to the final contributions which are to be provided for in the corresponding State General Budget Laws.

invalidity and retirement pensions and the economic allocations per child in their non-contributory forms, as well as the economic allowances for the disabled referred to in Article 185 (2) of the This Act shall be financed from the State's contributions to the Social Security Budget.

Article 87. Financial system.

1. The financial system of all the Regiments of the Social Security system shall be the system of distribution for all contingencies and situations covered by each of them, without prejudice to the derogation provided for in paragraph 3 of this Article. Article.

2. The General Treasury will be a single stabilization fund for the entire Social Security system, which will be aimed at addressing the needs arising from deviations between income and expenditure.

3. In the case of accidents at work, the system of financing shall be adopted, which may be required by the Ministry of Labour and Social Security, and must be compulsory, a reinsurance scheme or any other the system of compensation for results, as well as the financial system for the capitalisation of pensions caused by permanent invalidity or death, subject to which the Mutual Insurance and Occupational Safety and Occupational Diseases Social and, where appropriate, the companies responsible must constitute, in the General Treasury, the corresponding capital.

4. The matters referred to in this Article shall be governed by the Regulations referred to in Article 5 (2) (a) of this Law.

Article 88. Investments.

The stabilisation reserves which are not to be allocated immediately to the fulfilment of the regulatory obligations shall be invested in such a way as to coordinate the social objectives with the attainment of the degree of liquidity, profitability and technically precise security.

SECTION 3. BUDGET, INTERVENTION AND SOCIAL SECURITY ACCOUNTING

Article 89. General provision and regulatory rules for intervention.

1. The Social Security Budget, integrated into the general budget of the State, as well as the intervention and accounting of social security, shall be governed by the provisions of Title VIII of the recast text of the General Budget Law and by the rules of this Section.

2. For the purpose of ensuring a better and more efficient implementation and budgetary control, the Government, on a joint proposal from the Ministers of Labour and Social Security and Economic and Financial Affairs, shall adopt the rules for the financial year in the management entities of Social Security.

In hospitals and other health centers of the National Institute of Health, the financial controller may be replaced by the permanent financial control of the General Intervention of Social Security. The entry into force will take place gradually on a proposal from the Minister for Economic Affairs and Finance.

The General Intervention of the State Administration may delegate to the financial controllers the exercise of the financial function in respect of all acts carried out by the National Institute of Health in name and on behalf of the State Administration.

Article 90. Modification of credits at the National Institute of Health.

Notwithstanding the provisions of Article 150.3 of the recast text of the General Budget Law, any increase in the expenditure of the National Institute of Health, with the exception of the one that may result from the generations of credit, that it cannot be financed by internal redistribution of its claims or from the remainder affected by the institution, shall be financed during the financial year by the State.

Article 91. Budget remains and inadequacies.

1. The Government, on a proposal from the Minister of Labour and Social Security and after the Minister for Economic Affairs and Finance, will determine, in order to meet the future needs of Social Security, the financial materialization of the surplus, if There would have been, resulting from the liquidation of the Budget of that.

2. The remaining amounts resulting from a lower realization of the National Health Institute's budget of allocations and those produced by an increase in the income provided for health care will be used for the financing of the expenses. of that entity.

3. The Ministry of Economy and Finance is authorized to reflect, by means of extensions of credit in the budget of the National Institute of Health, the impact of the changes in the State's contribution. It is also up to the Minister for Economic Affairs and Finance to authorise the credit changes to be financed from the remainder of that institution.

Article 92. Amortization of acquisitions.

For the expenses of first establishment and installation, as well as for the acquisition derivatives of inventorable material and any other that, by its nature, is to be amortized in several financial years, shall be entered in Annual Social Security Budgets the amounts corresponding to the depreciation of such acquisitions.

Article 93. Annual audit plan.

1. The Annual Plan of Audits of the General Intervention of the State Administration will include the one elaborated by the General Intervention of Social Security, in which the managing entities, common services, will be progressively included, as well as as the Mutual Insurance and Occupational Accident and Occupational Diseases of Social Security, in accordance with the provisions of Article 71 of this Law.

For the implementation of the Social Security Audit Plan the collaboration of private companies may be sought, in the event of insufficient services of the General Intervention of Social Security, which must be adjusted to the rules and instructions laid down by the management centre referred to above, which may carry out the quality checks and controls which it considers appropriate.

2. In order to obtain the collaboration of private companies, the inclusion of the corresponding authorisation in the Order referred to in the second provision of Royal Decree No 1091/1988 of 23 September 1988, for which the Commission is approves the recast text of the General Budget Law.

An Order of the Ministry of Labour and Social Security or the Ministry of Health and Consumer Affairs will be necessary when the financing of the indicated collaboration is carried out by appropriations from the budgets of the institutions and Social Security services attached to one or another Department.

Article 94. Social Security accounts and balances.

1. Social Security accounts and balances will be joined by the State General Account.

2. The managing bodies, common services and mutual associations of occupational accidents and occupational diseases of social security shall send to the Ministry of Labour and Social Security the accounts and balance sheets of the preceding financial year for the purposes of their integration and further referral to the Court of Auditors.

SECTION 4. HIRING IN SOCIAL SECURITY

Article 95. Recruitment.

The arrangements for the contracting entities and common services of Social Security shall be in accordance with the provisions of the text of the Law on Contracts of State, in the General Regulations of Contracting of the State and in its complementary rules, with the following specialties:

(a) The power to conclude contracts corresponds to the Directors of the different management entities and common services, but they will need authorization for those whose value is higher than the limit set in the respective Law of General Budget of the State. The authorization shall be adopted, on the proposal of those entities and services, by the holders of the ministerial departments to which they are attached or by the Council of Ministers, according to the powers defined in the Law of Contracts of the Status.

(b) The directors of the managing bodies and the common services may not delegate or disconcentrate the power to conclude contracts without prior authorization from the holder of the Ministry to whom they are attached.

(c) Projects of works to be developed by the managing bodies and common social security services shall be supervised by the office of project supervision of the Department of the Ministry of Social Security, except that have established own offices, in which case they shall be supervised by them.

(d) Legal or technical reports which are required under the law of the State may be issued by the competent bodies in the field of Social Security or the respective Ministries.

CHAPTER IX

Violations and sanctions in the field of Social Security

Article 96. Infringements and penalties.

The provisions of this Law and of Law 8/1988 of 7 April on Infractions and Sanctions of Social Order will be in the field of violations and sanctions.

TITLE II

General Social Security Regime

CHAPTER I

Application field

Article 97. Extension.

1. Workers who are employed or treated as such as referred to in Article 7 (1) (a) of this Law shall be compulsorily included in the General Social Security Scheme.

2. For the purposes of this Law, they are expressly stated in the preceding paragraph:

(a) The senior staff referred to in Article 2.1.a) of the Staff Regulations.

b) Drivers of passenger cars at the service of private persons.

(c) Non-official civil personnel dependent on agencies, services or entities of the State.

(d) Non-official civil personnel serving as bodies and entities of the Local Administration, provided that they are not included under a special law in another mandatory social security scheme.

e) The laity or laymen who provide paid services in the establishments or dependencies of the ecclesiastical institutions or institutions. By special agreement with the competent ecclesiastical hierarchy, the situation of lay and secular workers who provide their services to the Church's agencies or agencies and whose primary mission is to assist in helping them directly in the practice of worship.

(f) Persons who provide paid services in institutions or institutions of a social-welfare nature.

g) Staff engaged in the service of Notaries, Property Records and other offices or similar centers.

h) Officials in practices who aspire to join the Corps or Escalations of officials who are not subject to the Passive Classes Regime and the high positions of the Public Administrations other than public officials, as well as the newly-entered officials of the Autonomous Communities.

(i) State officials transferred to the Autonomous Communities who have entered or voluntarily enter the Autonomous Community of the Autonomous Community of destination, whichever is the access system.

j) The members of the Local Corporations who carry out their positions with exclusive dedication, except as provided for in Article 74 of Law 7/1985, of April 2, regulating the Bases of the Local Regime.

k) Other persons who, hereinafter and by reason of their activity, are subject, by Royal Decree on the proposal of the Minister of Labour and Social Security, of the assimilation provided for in paragraph 1 of this article.

Article 98. Exclusions.

The following jobs will not be included in this General Regime:

a) Those that are executed occasionally through so-called friendly, benevolent or good-neighborly services.

b) Those that give rise to inclusion in one of the Special Regiments of Social Security.

CHAPTER II

Enrollment of companies and rules on membership, listing and collection

SECTION 1. REGISTRATION OF COMPANIES AND MEMBERSHIP OF WORKERS

Article 99. Registration of companies.

1. Employers, as a prerequisite and indispensable for the initiation of their activities, shall apply for registration in the General Social Security Scheme, stating the managing body or, where appropriate, the Mutual Fund for Work Accidents and Occupational diseases of Social Security to be protected by these contingencies of the staff at their service, in accordance with the provisions of Article 70.

The business owners must communicate the variations that occur from the data provided when applying for their registration, and in particular regarding the change of the entity that must assume the protection for the contingencies before mentioned.

2. The registration shall be made in the name of the natural or legal person who holds the undertaking in the name of the person or legal entity of the Social Security Administration.

3. For the purposes of this Law, an employer shall be deemed to be an employer, even if his activity is not motivated by profit, to any natural or legal person, public or private, on the behalf of which the persons included in Article 97 work.

Article 100. Membership, ups and downs.

1. Employers shall be required to apply for membership of the system of social security for workers entering their service, as well as to communicate such entry and, where appropriate, the cessation of such workers ' undertaking to be given, respectively, high and low in the General Regime.

2. In the event that the employer fails to comply with the obligations imposed on him by the previous paragraph, the worker may request his or her membership, either high or low, directly to the competent body of the Social Security Administration. Such a body may also carry out such acts of trade in the cases referred to in Article 13 (4) of this Law.

3. Recognition of the right to discharge and discharge in the General Regime shall be the responsibility of the body of the Social Security Administration which is regulated by law.

4. Unless otherwise stated in law, the status of the worker in this General Regime shall condition the application to the same of the rules of this Title.

Article 101. Staff Matriculation book.

1. Employers will have to carry out in order and in the day a Personal Matriculation Book, in which all their employees will be enrolled from the moment they begin the provision of services.

2. The regulatory provisions may, in general or in particular, establish other documentation systems for undertakings which replace the Book of Matriculation.

Article 102. Procedure and time limits.

1. Compliance with the obligations set out in the previous Articles shall be adjusted, in terms of the form, time limits and procedure, to the regulatory standards.

2. The successive membership and subsequent high-ups requested by the employer or the worker shall have no retroactive effect. Where such acts are carried out on their own initiative, their temporary effectiveness and imputation of the resulting responsibilities shall be as determined in this Law and its implementing and development provisions.

SECTION 2. Quote

Article 103. Bound subjects.

1. They shall be subject to the obligation to list workers and similar persons in their field of application and the employers on whose behalf they work.

2. The contribution shall comprise two contributions:

a) Of the entrepreneurs, and

b) Of the workers.

3. By way of derogation from the above numbers, the total contribution shall be borne exclusively by employers in the case of accidents at work and occupational diseases.

Article 104. Responsible subject.

1. The employer is liable for the fulfilment of the contribution obligation and shall pay the contributions of his or her employees in full. The persons referred to in Article 127 (1) and (2) shall also be liable, where appropriate, for compliance with this obligation.

2. The employer shall dispose of his employees, at the time of their actual remuneration, the contribution corresponding to each of them. If you do not make the discount at that time, you will not be able to do so at a later date, and you will be obliged to enter all the quotas at your sole charge.

3. The employer who, having made such a discount, does not enter the share of the share of his employees within a period of time, shall be liable to them and to the bodies of the Social Security Administration concerned, without prejudice to the criminal and administrative responsibilities arising.

Article 105. Nullity of covenants.

Any covenant, individual or collective, shall be void, whereby the worker assumes the obligation to pay in full or in part the premium or part of the fee charged to the employer.

Likewise, any covenant that seeks to alter the bases of quotation that are set out in Article 109 of this Law shall be void.

Article 106. Duration of the obligation to list.

1. The obligation to list shall be made with the same commencement of the provision of the work, including the probationary period. The mere application of the worker's membership or discharge to the competent body of the Social Security Administration shall in any event take the same effect.

2. The obligation to list shall be maintained for the entire period in which the worker is discharged in the General Regime or provides his services, even if these are discontinuous in nature. Such an obligation shall also remain in respect of workers who are performing duties of a public nature or who are acting as trade union representatives, provided that this does not give rise to surplus work.

3. Such an obligation shall be extinguished only with the application as a rule of absence from the General Regime to the competent body of the Social Security Administration. However, such communication shall not extinguish the obligation to list if the provision of work continues.

4. The obligation to list shall continue in the situation of temporary incapacity for work, whatever its cause, and in the other situations referred to in Article 125 in which it is established as such.

5. The obligation to list shall be suspended during the strike and lockout situations.

6. The obligation to contribute to the contingencies of accidents at work and occupational diseases shall exist even if the undertaking, in breach of the provisions of this Law, has not established the protection of its personnel, or of part of it, with regard to such contingencies. In such a case, the premiums due shall be payable in favour of the General Treasury of Social Security.

Article 107. Type of quotation.

1. The rate of contribution shall be of a single nature for the entire scope of protection of this General Regime. Their establishment and distribution, in order to determine the respective contributions of the employer and employee to be listed, shall be made in the corresponding State General Budget Law.

2. The rate of contribution shall be reduced by the percentage or percentages corresponding to those situations and contingencies which do not fall within the protective action to be determined in accordance with Article 114 (2) of the Treaty. this Law, for those who are assimilated to employed persons, as well as for other legal or regulatory assumptions.

Article 108. Contribution to accidents at work and occupational diseases.

1. By way of derogation from the foregoing Article, the contribution of occupational accident and occupational disease contingencies shall be made subject to premiums, which may be different for the various activities, industries and tasks. For this purpose, the corresponding rate of percentages applicable for the determination of premiums shall be legally fixed. The cost of the benefits and the requirements of preventive and rehabilitative services shall be calculated for the calculation of the said tariffs.

2. In the same way, it will be possible to establish, for undertakings offering occupational disease risks, additional premiums for the contribution of accidents at work, in relation to the danger of the industry or working class and the effectiveness of the means of prevention used.

3. The amount of the premiums referred to in the preceding numbers may be reduced in the case of undertakings which are distinguished by the use of effective means of prevention; the amount may also be increased in the case of undertakings which fail to comply with the their obligations in terms of hygiene and safety at work. The reduction and increase provided for in this number may not exceed 10 per 100 of the amount of premiums, but the increase may be up to 20 per 100 in case of repeated non-compliance with the mentioned obligations.

Article 109. Quote Base.

1. The contribution base for all contingencies and situations covered by the protective action of the General Regime, including those of accidents at work and occupational disease, shall consist of the total remuneration, whichever is the form or denomination, which, on a monthly basis, has the right to receive the worker or the equivalent, or the one who actually receives the latter, for the purpose of the work which he or she carries out as an employed person.

Maturity perceptions higher than monthly will be prorated over the twelve months of the year.

2. The following concepts shall not be computed on the basis of quotation:

(a) Travel allowances, locomotion costs, plus distance and plus urban transport.

(b) Compensation for death and related to transfers, suspensions and dismissals.

(c) The amounts that are paid in currency bankruptcy and the wear and tear allowances of useful or tools and purchase of work items.

d) Products in kind voluntarily granted by companies.

e) Perceptions by marriage.

f) Social Security benefits and their improvements.

g) Extraordinary hours, except for the contribution of accidents at work and occupational diseases.

3. By way of derogation from paragraph (g) above, the Ministry of Labour and Social Security may establish the calculation of overtime, either on a general basis, either by labour sectors in which the extension of the working day is characteristic of your activity.

Article 110. Maximum and minimum caps on the quote basis.

1. The maximum ceiling of the contribution base, unique for all the activities, professional categories and contingencies included in this Regime, will be established, for each year, in the corresponding State General Budget Law.

2. The maximum ceiling for the levy base thus established shall also apply in cases of multi-employment. For the purposes of this Law, the situation of those working in two or more distinct undertakings shall be considered to be a multi-employment activity, in activities that lead to their inclusion in the field of application of this General Regime.

3. The contribution base shall be at least the amount set out in Article 16 (2) of this Law.

4. The Ministry of Labour and Social Security shall adjust, on the basis of the working days and hours, the minimum ceilings and the minimum bases fixed for each group of professional categories, in relation to the cases in which, by legal provision, expressly set the quote for days or hours.

Article 111. Additional contribution for overtime.

The remuneration to be paid by workers for the concept of overtime, irrespective of their contribution for the purposes of occupational accidents and occupational diseases, shall be subject to an additional levy per part of employers and employees, in accordance with the rates to be laid down in the corresponding State General Budget Law.

Article 112. Normalization.

The Minister of Labour and Social Security shall establish the standardisation of the basis of quotation as set out in this Section.

SECTION 3. COLLECTION

Article 113. General rules.

1. For the purposes of Chapter III of Title I of this Law, employers and, where appropriate, the persons referred to in Article 127 (1) and (2) shall be obliged to enter all the shares of this General Regime. in the period, place and form laid down in this Law and in its implementing and implementing rules.

2. The employer shall be solely responsible for the late fees and charges laid down in Article 27 of this Law.

3. The entry of the quotas out of time, either by the employer spontaneously or by formal formal notice, or by virtue of the clearance or certification of discovery, shall be made on the basis of the rate of contribution in force on the date of (a) to be entered, to make the request, to take up the certificate or to issue the certificate, unless the rate applicable on the date on which the quotas became established was higher, in which case it shall be taken.

CHAPTER III

Protective action

SECTION 1. PROTECTIVE CONTINGENCIES

Article 114. Scope of the protective action.

1. The protective action of this General Regime shall be, with the exception of the forms of non-contributory benefits, that laid down in Article 38 of this Law. The benefits and benefits of that shall be provided under the conditions laid down in this Title and in its provisions.

2. In the case referred to in Article 97 (2) (k), the rule itself in which the assimilation of employed persons is available shall determine the extent of the protection granted.

Article 115. Concept of the accident at work.

1. A work accident is understood to mean any bodily injury suffered by the worker on the occasion or as a result of the work he/she is carrying out on behalf of others.

2. They will have the consideration of accidents at work:

a) Those who suffer the worker when they go or return from the workplace.

(b) Those suffered by the worker on the occasion or as a result of the performance of elective posts of a trade union character, as well as those occurring when they go or return from the place where the duties of those posts are exercised.

c) Those that occurred on the occasion or as a result of the tasks which, although different from those of their professional category, executed the worker in compliance with the orders of the employer or spontaneously in the interest of the good operation of the company.

(d) Those occurring in rescue and other acts of a similar nature, when some and others are connected to the work.

(e) The diseases, not included in the following article, which the worker contracts for the performance of his or her work, provided that it is proved that the disease was solely responsible for the execution of the disease.

(f) The diseases or defects, previously suffered by the worker, which are aggravated as a result of the constituent injury of the accident.

g) The consequences of the accident which are modified in their nature, duration, severity or termination, due to inter-curricular diseases, which constitute complications arising from the pathological process determined by the the accident itself or have its origin in conditions acquired in the new medium in which the patient has been placed for healing.

3. Unless proof to the contrary, it is presumed that the injuries suffered by the worker during the time and place of work are constitutive of an accident at work.

4. By way of derogation from the above paragraphs, they shall not be considered to have an accident at work:

(a) Those who are due to a strange force majeure to work, it being understood by this that it is of such a nature that no relation is kept with the work that was carried out in the event of the accident.

In no case will the insolation, the lightning and other similar phenomena of nature be considered strange force to work.

b) Those that are due to him or to reckless recklessness of the injured worker.

5. They shall not impede the qualification of an accident as work:

(a) Professional recklessness that is a consequence of the usual exercise of a job and derives from the trust that it inspires.

(b) The concurrency of civil or criminal guilt of the employer, of a colleague of the accident or of a third party, unless there is no relationship with the work.

Article 116. Concept of occupational disease.

Professional illness shall be understood as a result of the work carried out by an employed person in the activities specified in the table approved by the implementing and implementing provisions of this Law, and which is caused by the action of the elements or substances indicated in that table for each occupational disease.

Such provisions shall establish the procedure to be followed for the inclusion in that table of new occupational diseases which are deemed to have to be incorporated therein. Such a procedure shall in any event include, as a mandatory procedure, the report of the Ministry of Health and Consumer Affairs.

Article 117. Concept of non-work accidents and common diseases.

1. A non-working accident shall be considered to be an accident which, in accordance with Article 115, does not have the character of an accident at work.

2. Health changes which do not have the status of accidents at work or occupational diseases shall be deemed to constitute a common disease, in accordance with the provisions of Article 115 (2) (e), (f) and (g) respectively. in Article 116.

Article 118. Concept of remaining contingencies.

The legal concept of the remaining contingencies shall be that which results from the conditions required for the recognition of the right to the benefits granted under consideration to each of them.

Article 119. Catastrophic risks.

In no case shall the General Regime be subject to the protection of the risks declared catastrophic under its special legislation.

SECTION 2. GENERAL SCHEME OF BENEFITS

Article 120. Amount of benefits.

1. The amount of financial benefits not determined in this Law shall be fixed in the General Regulations for its development.

2. The amount of pensions shall be determined on the basis of all the bases for which the contribution was made during the periods indicated. Such bases shall also apply to other economic benefits, the amount of which is calculated on the basis of a regulatory basis.

The additional contribution for overtime referred to in Article 111 of this Act shall not be computable for the purposes of determining the regulatory basis for the benefits.

In any event, the regulatory basis for each benefit shall not exceed the maximum ceiling which, for the purposes of the quotation bases, is provided for in Article 110.

3. In the case of pluriemployment, the basis for the benefits is determined on the basis of the sum of the bases for which the various undertakings have been listed, and the maximum expected ceiling will be applied to the regulatory base. in the previous section.

Article 121. Characters of the capabilities.

1. The benefits of the General System of Social Security shall have the characters generally attributed to them in Article 40 of this Law.

2. The benefits to be provided by the employer in accordance with Article 126 (2) and in the second subparagraph of Article 131 (1) of this Law, or by their cooperation in the management and, where appropriate, the Each of them shall have the status of privileged claims, having the effect of the arrangements laid down in Article 32 of the Staff Regulations of the Member States of the European Parliament and of the Council of the European Communities. Workers.

3. The provisions of the above paragraphs shall also apply to the benefit surcharge referred to in Article 123 of this Law.

Article 122. Pension incompatibility.

1. The pensions of this General Regime shall be incompatible with each other when they coincide in the same beneficiary, unless expressly otherwise provided for in law or regulation. In the event of incompatibility, who may be entitled to two or more pensions shall opt for one of them.

2. The system of incompatibility laid down in the preceding paragraph shall also apply to the flat-rate allowance provided for in Article 139 (2) as a substitute for invalidity pension in the degree of incapacity for work. total permanent.

Article 123. Surcharge of economic benefits in the event of an accident at work and occupational disease.

1. All economic benefits which are caused by accidents at work or occupational disease shall be increased, depending on the seriousness of the fault, from 30 to 50 per 100, when the injury occurs by machines, devices or installations, (a) centres or workplaces which do not have the use of regulatory precautions, have them unused or in poor condition, or where the general or particular safety and hygiene measures at work have not been observed; or elementary health or personal adequacy to each job, having regard to its characteristics and of the age, sex and other conditions of the worker.

2. The liability for the payment of the surcharge set out in the previous paragraph shall be borne directly by the infringing employer and shall not be the subject of any insurance, with any agreement or contract being made to cover it, being void in full. compensate or transmit it.

3. The responsibility of this article is independent and compatible with those of any order, including criminal law, which may result from the infringement.

Article 124. Conditions of entitlement to benefits.

1. Persons included in the field of application of this General Regime shall be entitled to the benefits of this General Regime when, in addition to the individuals required for the respective benefit, they meet the general requirement of being affiliated and high in This Regime or in a situation assimilated to the high, when the contingency or protected situation is over, unless expressly provided otherwise.

2. In the case of benefits the grant or amount of which is also subject to the fulfilment of certain periods of contribution, only the contributions actually made or those which are expressly assimilated to them in this Law or in the its regulatory provisions.

3. The quotas corresponding to the situation of temporary incapacity for work shall be computable for the purposes of the various preceding periods of contribution required for entitlement to benefits.

4. No prior periods of contribution shall be required for the right to benefits arising from accidents, whether or not work, or occupational disease, unless otherwise expressly provided for in law.

Article 125. Situations treated as high.

1. The situation of total unemployment during which the worker receives benefit from such contingency shall be treated as high.

2. Cases of forced leave, suspension of contract of employment for military service or replacement social benefit, transfer by the undertaking outside the national territory, special agreement with the Social Security Administration and the other The Ministry of Labour and Social Security may be assimilated to the situation of discharge for certain contingencies, with the scope and conditions to be established.

3. Workers falling within the scope of this General Regime shall be considered, in full, in a high situation for the purposes of accidents at work, occupational diseases and unemployment, even if their employer has failed to fulfil their obligations. their obligations. The same rule applies to the exclusive effects of health care by common sickness, maternity and non-occupational accidents.

4. The Government, acting on a proposal from the Minister for Labour and Social Security and following the determination of the precise financial resources, may extend the presumption of discharge referred to in the preceding paragraph to some or some of the other Contingencies covered by this Title.

5. The provisions of the two preceding paragraphs shall be without prejudice to the obligation of employers to apply for the discharge of their employees in the General Regime, in accordance with the provisions of Article 100, and of corporate responsibility. which is appropriate in accordance with the provisions of the following Article.

6. During the situations of strike and lockout the worker will remain in a situation of high special in Social Security.

Article 126. Responsibility in order for the benefits.

1. Where the right to a benefit has been caused because the conditions referred to in Article 124 of this Law have been fulfilled, the corresponding liability shall be charged, in accordance with their respective powers, to the institutions. (a) the management of the management or the management or, where appropriate, the common services.

2. Failure to comply with obligations relating to membership, high and low costs and contributions shall determine the requirement of liability in respect of the payment of benefits, subject to the fixing of the alleged imputation and its scope and the regulation of the procedure to make it effective.

3. By way of derogation from the preceding paragraph, the managing bodies, the Mutual Insurance and Occupational Diseases and the Occupational Diseases or, where appropriate, the common services shall, in accordance with their respective powers, pay the costs. benefits to the beneficiaries in those cases, which are included in that paragraph, in which it is determined to be regulated, with the consequent subrogation in the rights and actions of such beneficiaries; the payment shall be made, even if (a) for the purposes of Article 1 (1) of Regulation (European) No Award procedure. Similarly, the said entities, mutual and service providers shall assume the payment of the benefits, in so far as the extent of the employer's responsibility for such payment is complied with.

Article 127. Special cases of liability in order for benefits.

1. Without prejudice to Article 42 of the Staff Regulations, for contracts and subcontracts for works and services corresponding to the activity of the contraaing employer, where an employer has been declared responsible, in whole or in part, for the payment of a benefit, as provided for in the previous Article, if the corresponding work or industry is contracted, the owner of the latter shall be liable for the obligations of the employer if he himself was declared insolvent.

There will be no place for this subsidiary liability when the contracted work relates exclusively to repairs that a master of home may contract with respect to his dwelling.

2. In cases of succession in the ownership of the holding, industry or business, the acquirer shall respond in solidarity with the former or with his heirs to the payment of the benefits caused before such succession. The same liability is established between the transferor and the transferee in the cases of temporary transfer of labour, even if it is a friendly or non-profit.

The issue of certificates by the Administration of Social Security will be regulated, which implies a guarantee of non-liability for the acquirers.

3. Where the provision has been made in cases of criminal or civil liability of a person, including the employer, the benefit shall be made effective, the other conditions shall be fulfilled by the managing body, service (a) common or mutual occupational accidents and occupational diseases, where appropriate, without prejudice to those responsibilities. In such cases, the worker or his or her rights holders may require the compensation from the alleged criminal or civilly responsible.

Regardless of the actions of the workers or their successors, the National Institute of Health and, where appropriate, the Mutual Work and Occupational Diseases of Social Security, will have the the right to claim the third party responsible or, where appropriate, the legal or contractually subrogated in their obligations, the cost of the health benefits they would have satisfied. The same right shall, where appropriate, assist the employer in assisting in the management of health care, as provided for in this Law.

In order to exercise the right to compensation referred to in the preceding paragraph, the managing entity referred to therein and, where appropriate, the Mutual Insurance and Occupational Diseases and/or Employers ' Accidents, shall have full powers to be directly involved in the criminal or civil procedure followed in order to make the compensation effective, as well as to promote it directly, as third parties to the effect of Article 104 of the Criminal Code.

CHAPTER IV

Transient incapacity for work

Article 128. Concept.

1. They will have the consideration of determining situations of temporary incapacity for work:

(a) Those due to a common or professional illness and accident, whether or not they work, while the worker receives health care from the Social Security and is prevented from work, with a maximum duration of 12 months, extendable by six others when it is presumed that during them the worker can be discharged from medical care for healing.

(b) the periods of observation for occupational disease in which the discharge is prescribed during the work during the periods, with a maximum duration of six months, which may be extended for a further six months where it is deemed necessary for the study and diagnosis of the disease.

(c) periods of rest in the case of maternity, adoption or prior acceptance, with the duration to be determined and which, in no case, may be less than that provided for in the Article 48 (4) of the Staff Regulations and Article 30 (3) of Law 30/1984 of 2 August.

2. For the purposes of the maximum period of duration of the temporary incapacity for work referred to in paragraph (a) above, and for the possible extension, the relapse and observation shall be taken into account.

Article 129. Economic performance.

The economic benefit in the various situations constituting temporary incapacity for work will consist of a subsidy equivalent to a percentage of the regulatory basis, which will be fixed and effective in the established in this Law and in the General Regulations for its development.

Article 130. Beneficiaries.

The persons integrated in this General Regime who are in any of the situations specified in Article 128 shall be eligible for temporary incapacity for work, provided that they meet, in addition to the Article 124 (1), as required by Article 124 (1), the following conditions

(a) In the case of a common disease, which have been in place for a contribution period of one hundred and eighty days within five years immediately preceding the causative event.

(b) In the event of an accident, whether or not work, and occupational disease, no prior contribution period shall be required.

(c) In the case of maternity, adoption or prior acceptance, which have been affiliated with the Social Security at least nine months before the date of delivery or the dates of the administrative or judicial decision of the host country, or of the a judicial decision establishing the adoption of a decision; that they have complied during the year immediately preceding that moment for a minimum period of contribution of one hundred and eighty days and that they fulfil the conditions governing the adoption of the determine.

In these cases they will be considered to be beneficiaries to whom, whatever their sex, they enjoy the rest periods referred to in Article 128 (1) (c) of this Law.

Article 131. Birth, duration and extinction of entitlement to the allowance.

1. The allowance shall be paid, in the event of an accident at work or occupational disease, from the day following the day of the absence at work, the employer being in charge of the full salary corresponding to the day of the discharge.

In the event of a common illness or non-work accident, the allowance shall be paid, respectively, from the 16th day of absence at work caused by the disease or accident, with the employer being in charge of the the benefit to the worker from the fourth to the 15th day of the day, both inclusive.

2. The allowance shall be paid as long as the beneficiary is in a situation of temporary incapacity for work, in accordance with Article 128 of this Law.

3. Entitlement to the allowance shall be extinguished for the duration of the maximum period laid down for the temporary incapacity for work in question; the beneficiary shall be discharged with or without a declaration of invalidity, or death.

4. During the strike and lockout situations the worker shall not be entitled to the economic benefit due to temporary incapacity for work.

Article 132. Loss or suspension of entitlement to the allowance.

1. Entitlement to temporary incapacity for work may be refused, cancelled or suspended:

(a) Where the beneficiary has acted fraudulently to obtain or retain such benefit.

(b) Where the incapacity is due or prolonged as a result of reckless recklessness of the beneficiary himself.

c) When the beneficiary is self-employed or employed.

2. The allowance which may correspond may also be suspended where, without reasonable cause, the beneficiary refuses or abandons the treatment referred to him.

Article 133. Observation periods and special obligations in case of occupational disease.

1. For the purposes of Article 128 (1) (b), the time required for the medical examination of the occupational disease shall be considered as an observation period where the final diagnosis is necessary.

2. The provisions of the preceding paragraph shall be without prejudice to the obligations laid down, or which may be laid down in the following, by this General Regime or by employers, where the result of occupational disease is agreed in respect of a worker the transfer of work, his or her absence from the undertaking or other similar measures.

CHAPTER V

Invalidity

SECTION 1. GENERAL CHOICE

Article 134. Concept and classes.

1. In the contributory mode, the situation of continuous alteration of the health that makes it impossible or limits to the one who suffers it for the realization of a professional activity is invalid.

In non-contributory mode, the deficiencies, predictably permanent, of a physical or mental nature, whether congenital or not, which cancel or modify the physical, mental or sensory capacity of the who have them.

Invalidity, in its contributory mode, may be temporary or permanent.

2. Temporary invalidity is the situation of the worker who, after the period of maximum duration indicated for the temporary incapacity for work, requires the continuation of the health care and remains unable to resume his work, provided that the invalidity is not intended to be final.

3. Permanent invalidity is the situation of the worker who, after having undergone the prescribed treatment and having been medically discharged, has serious anatomic or functional reductions, which are susceptible to objective determination and likely to be final, to decrease or to cancel their work capacity. It shall not preclude the possibility of recovery of the work capacity of the invalid if such a possibility is deemed medically as uncertain or in the long term.

By way of derogation from the preceding paragraph, the medical discharge shall not be required for the assessment of permanent invalidity in cases where final sequelae are present.

You will also have permanent invalidity consideration, to the extent you qualify:

(a) The invalidity situation which is a subsidiary after the expiry of the provisional invalidity for the duration of the maximum period prescribed for it.

(b) The situation of the worker who, exhausted the maximum period of the temporary incapacity for work, requires the continuation of the health care and remains unable to resume his work, providing that the invalidity is to be final.

4. For the purposes of paragraphs 2 and 3 (b) of this Article, the maximum duration of the temporary incapacity for work shall be deemed to be exhausted if, after the period of 12 months, the extension provided for in paragraph 1 does not apply. Article 128 (a), as it is not assumed that during the same period the worker can be discharged from medical care by cure.

5. Invalidity, permanent or temporary, shall be derived from the situation of temporary incapacity for work due to illness, common or professional, or accident, whether or not work, unless it affects those who lack protection as regards such temporary incapacity for work, either because it is in a situation treated as high, in accordance with Article 125, which does not include it, or in the case of the taking up of employed persons, in which the under the same circumstances, in accordance with the provisions of Article 114 (2), either in the case of access to permanent invalidity from the situation of non-discharge within the meaning of Article 138 (3) of this Law.

SECTION 2. PROVISIONAL INVALIDITY

Article 135. Duration.

1. The provisional invalidity situation shall begin the day following that in which the temporary incapacity for work is completed, for the duration of the maximum period of validity of the temporary incapacity and shall be extinguished:

a) By medical discharge due to cure.

b) By medical discharge with permanent invalidity declaration.

(c) The right to a retirement pension has been recognised as a beneficiary.

d) For the duration, in any case, of a period of six years from the date on which the temporary incapacity for work was declared.

2. Where the provisional invalidity situation is extinguished, as provided for in paragraph (d) above, the status of the invalid shall necessarily be examined for the purposes of any permanent invalidity qualification.

3. By way of derogation from paragraphs 1 (b) and (d) of this Article, the effects of the provisional invalidity situation shall be extended until the date of the qualification of permanent invalidity, on the date of which the benefits are to be paid. (a) the economic activity of the latter, unless the latter is higher than the worker's receipt, in which case they shall be rolled back to the time when the maximum period of provisional invalidity is exhausted.

Article 136. Benefits.

The provisional invalidity situation will entitle, as long as it remains, to a subsidy on the amount and conditions to be determined in the General Regulations of this Law, without prejudice to the continuation of the appropriate health care for the worker and to qualify his/her work capacity when he/she is discharged from the hospital.

SECTION 3. PERMANENT INVALIDITY IN ITS CONTRIBUTORY MODE

Article 137. Degrees of invalidity.

1. Permanent invalidity, whatever its determining cause, shall be classified according to the following grades:

a) Partial permanent inability for the usual profession.

b) Total permanent capacity for the usual profession.

c) Absolute permanent inability for all work.

d) Great Invalidity.

2. The term 'normal occupation' shall mean, in the event of an accident, whether or not it is a work, that normally performed by the worker at the time of the accident. In the case of a common or professional illness, the one to whom the worker engaged in his or her fundamental activity during the period of time prior to the initiation of the incapacity, which is regulated by law.

3. Partial permanent incapacity for the usual profession shall mean that, without reaching the level of total, the worker shall have a reduction of not less than 33 per 100 in his normal performance for that profession, without preventing him from performing the core tasks of the same.

4. Permanent incapacity for the usual profession shall mean that the worker is disabled for the performance of all or the fundamental tasks of that profession, provided that he/she can engage in a different profession.

5. An absolute permanent incapacity for work shall mean that the worker is completely disabled for any occupation or occupation.

6. The situation of the worker shall be deemed to have been of great invalidity, and which, as a result of an anatomical or functional loss, requires the assistance of another person for the most essential acts of life, such as dressing, scrolling, eating, or analogues.

Article 138. Beneficiaries.

1. Persons included in the General Regime who are declared in such a situation shall be entitled to permanent invalidity benefits and who, in addition to the general condition required by Article 124 (1), have covered the the minimum contribution period as determined in paragraph 2 of this Article, except where the period is due to an accident, whether or not work, or occupational disease, in which case no prior contribution period shall be required.

2. In the case of permanent invalidity pensions, the minimum required contribution period shall be:

(a) If the deceased person is less than twenty-six years of age, half of the time between the date on which he was sixteen and the date of the event causing the pension.

(b) If the deceased is twenty-six years of age, a quarter of the time between the date on which the twenty years have been completed and the day on which the causative event occurred, with a minimum, in any case, of five years. In this case, at least the fifth part of the required contribution period shall be within the ten years immediately preceding the event causing it.

In the case of a partial permanent incapacity benefit for the usual profession, the minimum period of levy payable shall be one thousand eight hundred days, which shall be in the ten years immediately preceding the date of the date on which the temporary incapacity for work resulting from permanent invalidity has been extinguished.

3. By way of derogation from paragraph 1 of this Article, permanent invalidity pensions in the degree of permanent incapacity for work or great invalidity arising from common contingencies may be caused even if the interested are not at the time of the causative event in high or situation assimilated to the high one.

In such cases, the minimum required price period shall be, in any case, fifteen years, distributed in the manner provided for in the last subparagraph of paragraph 2.b) of this Article.

4. In order to cause a pension in the General Regime and in another or other of the Social Security system, in the cases referred to in the preceding paragraph, it shall be necessary for the contributions credited to each of them to overlap, at least, during the fifteen years.

5. The Government, by way of a Royal Decree, on a proposal from the Minister for Labour and Social Security, may amend the period of contribution which, for benefits due to partial permanent incapacity for the usual profession, is required in paragraph 2 of this article.

Article 139. Benefits.

1. The economic benefit corresponding to the partial permanent incapacity for the usual profession shall be a lump sum.

2. The economic benefit corresponding to the total permanent incapacity shall consist of a lifetime pension, which may exceptionally be replaced by a flat-rate allowance where the beneficiary is less than 60 years old.

Those declared as having a total permanent incapacity for the usual profession shall receive the pension provided for in the preceding paragraph increased by the percentage which is determined, where by their age, the General or specialised preparation and social and occupational circumstances of the place of residence, the difficulty of obtaining employment in activity other than the usual one is assumed.

3. The economic benefit corresponding to the absolute permanent incapacity shall consist of a lifetime pension.

4. If the worker is qualified as an invalid person, he shall be entitled to the pension referred to in the preceding paragraph, with the amount of the pension increased by 50 per 100, which is intended to enable the person to pay the salary to the person who takes care of him.

At the request of the great invalid or of his legal representatives, the replacement of the increment referred to in the preceding paragraph by his accommodation may be authorized, provided that it is considered appropriate for the benefit of the person concerned. care, in charge of Social Security and in boarding school, in a suitable care institution.

5. The benefits referred to in this Article shall be effective in the amount and conditions to be determined in the General Regulations of this Law.

Article 140. Permanent disability pension regulatory base derived from common contingencies.

1. The statutory basis for permanent invalidity pensions resulting from a common illness shall be the ratio which shall be divided by 112 the contributions bases of the person concerned during the 1990s and six months immediately preceding the date on which the pension was paid. cause the causative event.

The computation of these bases will be performed according to the following rules, of which the formula that appears at the end of this paragraph is mathematical expression:

1. The bases corresponding to the twenty-four months prior to the one in which the causative event occurs shall be computed at their nominal value.

2. The remaining quotation bases shall be updated in accordance with the evolution of the consumer price index from the months to which they correspond until the immediate month preceding the month in which the price index was start the non-updatable base period referred to in the previous rule.

B_r = (_{i=1 .. 24} B_i +_{i=25 .. 96} B_{i × (I25 /I1)) /112}

Being:

B_r = Regulatory Base

B_i = Quote Base for the i-th month before the causative event.

I_i = General Consumer Price Index for the month i-th before the causative event.

being i = 1, 2, ..., 96

2. In cases where a minimum contribution period of less than eight years is required, the regulatory basis shall be obtained in the same way as that laid down in the preceding number, but by calculating monthly contributions in number equal to the number of months of which consists of the minimum period payable, without taking into account the fractions of a month, and excluding, in any event, the update of the bases corresponding to the twenty-four months immediately preceding the date of the event of the event cause.

3. In respect of pensions of absolute invalidity or invalidity arising from a non-employment accident referred to in Article 138 (3), the rules provided for in paragraph 1 of this Article shall apply for the calculation of their regulatory base. Article.

4. If, in the period to be taken for the calculation of the regulatory basis, months during which there was no obligation to list, these lagoons shall be integrated with the minimum base of all the existing ones at any time for workers over the age of 18.

Article 141. Compatibility in the receipt of permanent invalidity economic benefits.

1. In the event of a total permanent incapacity for the usual profession, the corresponding life pension shall be compatible with the salary which the worker may receive in the same undertaking or in another other, with the scope and under the conditions laid down in the determine regulentarily.

In the same way, the incompatibility between the perception of the increase provided for in the second subparagraph of Article 139 (2) and the carrying out of work, whether self-employed or otherwise, may be determined. implementation of the Social Security system.

2. Pensions for life in the event of total invalidity or invalidity shall not prevent the pursuit of those activities, whether gainful or not, compatible with the state of the invalid and which do not represent a change in their capacity for work review.

Article 142. Special rule on invalidity arising from occupational disease.

The General Regulations for the Development of this Law will adapt, in terms of occupational diseases, the rules of this Section to the peculiarities and special characteristics of such a contingency.

Article 143. Rating and review.

1. The status of permanent invalidity, as referred to in Article 134 (3), shall be carried out in accordance with the provisions laid down in the relevant regulatory provisions.

2. Permanent invalidity declarations, such as those relating to the various degrees of incapacity, shall be reviewable at all times, while the beneficiary has not complied with the minimum age laid down for the retirement pension, of the following causes:

a) Agravation or improvement.

b) Diagnostic error.

3. The provisions of this Law shall govern the review procedure and the modification and conversion of the economic benefits which have been recognised to the worker, as well as the rights and obligations resulting from it. of such changes shall correspond to the managing or collaborating entities and the common services which are in charge of such benefits.

SECTION 4. INVALIDITY IN NON-CONTRIBUTORY MODE

Article 144. Beneficiaries.

1. Persons who meet the following requirements shall be entitled to the invalidity pension in their non-contributory form:

a) Being over eighteen and under sixty-five years of age.

b) Reside legally in Spanish territory and have done so for five years, of which two must be immediately prior to the date of application for the pension.

c) Being affected by a disability or chronic illness, to a degree equal to or greater than sixty-five percent.

d) Rent of sufficient income or income. Insufficient income or income shall be deemed to exist where the sum, in annual calculation, of the same is less than the amount, also in annual calculation, of the benefit referred to in paragraph 1 of the following Article.

Although the applicant does not have his own income or income, in the terms indicated in the preceding paragraph, if he or she lives with other persons in the same economic unit, only the deficiency requirement of the sufficient income or income when the sum of all the members of that person is less than the limit for the accumulation of resources obtained in accordance with the following paragraphs.

The beneficiaries of the invalidity pension, in their non-contributory form, who are employed as apprentices, shall automatically recover, where appropriate, the right to such a pension when the contract is terminated, to the effect that they are terminated. Notwithstanding the provisions of paragraph 5 of this Article, they shall not be taken into account in the annual calculation of their income which they would have received by virtue of their work as apprentices.

2. The limits for the accumulation of resources, in the case of economic unit, shall be equivalent to the amount, in annual calculation, of the pension, plus the result of multiplying the figure by 70% by the number of cohabitants, less one.

3. Where co-existence within the same economic unit occurs between the applicant and his or her descendants or ascendants in the first degree, the limits for the accumulation of resources shall be equivalent to two and a half times the amount resulting from the apply the provisions of paragraph 2.

4. There shall be an economic unit in all cases of co-existence of a beneficiary with other persons, whether or not they are beneficiaries, united with that person by marriage or by relationship of consanguinity to the second degree.

5. For the purposes of the above paragraphs, they shall be considered as a revenue or a computer income, any goods and rights, derived from both the work and the capital, as well as those of a borrowing nature.

When the applicant or members of the co-existence unit in which he or she has movable or immovable property, their effective returns shall be taken into account. If there are no effective returns, they shall be valued according to the rules established for the Income Tax of the Physical Persons, with the exception, in any case, of the dwelling usually occupied by the beneficiary. The periodic allocations for dependent children will also not be computed.

6. Income or income, as well as those of other people, for reasons of living together in the same economic unit, residence in Spanish territory and the degree of disability or chronic illness condition both the right to a pension and the conservation of the same and, where appropriate, the amount of that.

Article 145. Amount of pension.

1. The amount of the invalidity pension in its non-contributory form shall be fixed, in its annual amount, in the corresponding State General Budget Law.

When in the same economic unit there is more than one beneficiary entitled to a pension of this same nature, the amount of each pension will be determined according to the following rules:

1. The amount referred to in the first subparagraph of this paragraph shall be added to 70% of the same amount, as many times as the number of beneficiaries, minus one, exist in the economic unit.

2. The amount of the pension for each of the beneficiaries shall be equal to the ratio of dividing the result of the sum provided for in the First rule by the number of beneficiaries entitled to a pension.

2. The amounts resulting from the application of the provisions of this Article, calculated on an annual basis, shall be reduced by an amount equal to that of the annual income or income of each beneficiary, where appropriate. 3. In the case of co-existence of the beneficiary or beneficiaries with non-beneficiary persons, if the sum of the annual income or income of the economic unit plus the non-contributory pension or pension, calculated in accordance with the provisions of the two (a) to exceed the limit for the accumulation of resources laid down in paragraphs 2 and 3 of the preceding Article, the pension or pensions shall be reduced, in order not to exceed that limit, by reducing, in the same amount, each of the pensions.

4. By way of derogation from paragraphs 2 and 3 above, the amount of the pension recognised shall be at least 25% of the amount of the pension referred to in paragraph 1 of this Article.

5. For the purposes of the above paragraphs, it is income or computer revenue that is determined as such in paragraph 5 of the previous article.

6. Persons who, in accordance with the requirements referred to in paragraph 1 (a), (b) and (d) of the preceding Article, are affected by a disability or chronic disease to a degree equal to or greater than seventy five per cent and who, as a result of anatomical or functional losses, need the contest of another person to perform the most essential acts of life, such as dressing, scrolling, eating or analogs, they will be entitled to a complement equivalent to fifty percent of the the amount of the pension referred to in the first subparagraph of paragraph 1 of this Article.

Article 146. Economic effects of pensions.

The economic effects of the recognition of the right to invalidity pensions in their non-contributory mode shall be produced from the first day of the month following the month in which the application is submitted.

Article 147. Compatibility of pensions.

Invalidity pensions in their non-contributory mode shall not prevent the exercise of those activities, whether gainful or not, compatible with the status of the invalid, and which do not represent a change in their capacity for work.

Article 148. Rating.

1. The degree of disability or chronic illness suffered, for the purposes of the recognition of the pension in its non-contributory form, shall be determined by the application of a scale, in which the physical factors are assessed, mental or sensorial of the alleged disability, such as complementary social factors, and which will be approved by the Government.

2. In addition, the situation of dependency and the need for the contest of a third person referred to in Article 145 (6) shall be determined by the application of a scale to be approved by the Government.

Article 149. Obligations of the beneficiaries.

The recipients of invalidity pensions in their non-contributory mode will be obliged to inform the institution that the benefit is paid to them any variation of their living situation, marital status, residence and how many may have an impact on the conservation or the level of those. In any event, the beneficiary shall, in the first quarter of each year, submit a statement of the revenue of the respective economic unit of which it is a party, referred to in the preceding year.

SECTION 5. PERMANENT NON-INVALIDATING INJURIES

Article 150. Compensation per scale.

The injuries, mutilations and deformities of a definitive nature, caused by accidents at work or occupational diseases which, without becoming permanent invalidity in accordance with the provisions of Section 3. of this Chapter, they entail a reduction or alteration of the physical integrity of the worker and appear in the scale annexed to the provisions of the development of this Law, shall be compensated, for one time, with the amounts raised it is determined by the institution which is obliged to pay the permanent invalidity benefits, without prejudice to the worker's right to continue the service of the undertaking.

Article 151. Beneficiaries.

They shall be beneficiaries of the compensation referred to in the previous Article for workers integrated into this General Regime who fulfil the general condition required by Article 124 (1) and have been discharged from the medical.

Article 152. Incompatibility with permanent invalidity benefits.

The flat-rate allowances to be paid for the injuries, mutilations and deformities covered by this Section shall be incompatible with the economic benefits laid down for permanent invalidity, except in the case that such injuries, mutilations and deformities are wholly independent of those taken into consideration in order to declare such invalidity and the degree of disability thereof.

CHAPTER VI

Recovery

SECTION 1. RECOVERY BENEFITS

Article 153. Beneficiaries.

1. Persons integrated into this General Regime who fulfil the general condition required by Article 124 (1) shall have the right to initiate recovery proceedings as soon as the origin of the recovery is assessed. and without the existence of a prior declaration of permanent invalidity. The beneficiaries must follow the recovery processes whose origin is determined; in the event of a refusal not reasonable to follow the prescribed treatment, they may be punished with the suspension of the right to the subsidy which may be or, in their day, with the loss or suspension of invalidity benefits.

2. The Ministry of Labour and Social Security may recognise in each case as beneficiaries of recovery measures to those who lose the right to invalidity benefits for being declared responsible for such a situation.

3. Where permanent invalidity is declared by the competent managing body, the source of recovery benefits may be recognised as being in the conditions to be determined.

Article 154. Content.

1. Professional recovery processes may include all or some of the following recovery benefits:

a) Proper healthcare treatment, especially functional rehabilitation.

b) Professional orientation.

(c) Vocational training, by readjustment to the previous usual job or by re-education for new trade or profession.

2. The medical treatment referred to in paragraph (a) above shall include health care services for common sickness and for occupational accidents or occupational diseases and, in a special way, those for functional recovery, physical medicine, and ergotherapy, and how many others are considered necessary for worker recovery.

3. The professional guidance provided for in paragraph (b) of this Article shall be provided, as long as it is deemed necessary, before the recovery process is determined, during and at the end of the medical treatment. The beneficiary may request, in the light of the results obtained in medical treatment, that the recovery process prescribed in the part concerning his or her rehabilitation or professional recovery be reconsidered.

4. The vocational training referred to in paragraph (c) of this Article shall be provided to the worker in accordance with the professional guidance provided in the terms laid down in the preceding paragraph. The training courses may be carried out in the centres designated for the purpose, either own or concerted, or in the undertakings themselves, in accordance with a special contract which shall be subject to the rules laid down in the provisions of application and development.

5. Specialised treatments for non-professional recovery may also be provided, under the conditions laid down in regulation, where the application of a professional recovery is not possible because of the seriousness of the invalidity.

Article 155. Recovery plan or program.

1. Without prejudice to the immediate initiation of the recovery processes referred to in the preceding Articles, the recovery plan or programme shall be fixed for each beneficiary, taking into account its residual skills and abilities, or be provided as such, age, sex and family residence, as well as in the case of permanent recoverable invalids, the characteristics of their former occupation and their reasonable wishes for social promotion, within the technical requirements and professionals derived from the conditions of employment.

2. In the event that the recovery may be effected, without distinction, in accordance with various plans or programmes determined in accordance with the provisions of the preceding paragraph, the beneficiary shall be entitled to opt for them.

The beneficiaries will be able to provide, in their capacity, the opinions and proposals they deem appropriate for the best formulation of the programme.

3. The program will be mandatory for the beneficiaries, with the enjoyment of the recovery benefits conditional on their faithful observance.

SECTION 2. ECONOMIC PROVISION

Article 156. Recovery allowance.

Beneficiaries who receive the benefits of professional recovery, without being entitled to temporary incapacity for work or temporary invalidity, shall receive a recovery allowance under the conditions and amounts to be determined, either unique or complementary to other economic benefits that the beneficiaries may have recognised.

SECTION 3. SELECTIVE EMPLOYMENT

Article 157. Beneficiaries.

1. They shall be entitled to benefit from the selective employment benefits set out in the following

:

(a) Workers who have been declared with a partial permanent incapacity for the usual profession, without recognizing the provenance of recovery benefits.

(b) Permanent invalids who, having received the benefits of professional recovery, continue to be affected by a partial permanent incapacity for their usual occupation, either because their incapacity has not been changed initial, either under review case.

2. The Ministry of Labour and Social Security will be able to extend the benefits of selective employment:

a) To workers qualified as total permanent invalids for the usual profession, and

(b) To those who are in a situation of permanent permanent invalidity in fact for their usual profession, without having been recognised as being entitled to economic benefits because they did not meet the conditions required for the effect.

3. Absolute permanent invalids and large invalids may only benefit from their admission to the special pilot centres referred to in paragraph 2 of the following Article.

4. A Register of the invalids to which this Article refers shall be organised.

Article 158. Content of selective employment.

1. The Ministry of Labour and Social Security shall regulate the selective use of those registered in the Register referred to in paragraph 4 of the previous Article, and may, among other measures, establish the reservation, preferably (i) the conditions for readmission by the undertakings of their own workers, after the completion of the recovery process; the establishment of the quotas of workers entitled to selective employment, to be taken into account; which will have to occupy the same in proportion to their respective templates, obligation which may be replaced, subject to the authorization of the indicated department, by the payment of the amount which is regulated in the case of undertakings which, in the light of their special technique or the danger of employment, may not occupy decreased capacity workers.

2. Pilot-centres shall be established for the use of the invalids referred to in the previous Article.

3. The body of the competent authority shall take appropriate measures to make the right to selective use as provided for in this Article effective. The bodies and departments under the Ministry of Labour and Social Security shall provide the appropriate collaboration.

Article 159. Complementary benefits.

The rules for the application and development of this Law will establish the precise measures to complete the protection afforded to the invalid beneficiaries of selective employment.

This protection may include media and attention to facilitate or safeguard the carrying out of the task of the indicated workers, participation in the expenses arising from the conditioning of the jobs that they occupy, measures to promote or directly contribute to the organization of special centers of employment or occupational centers, payment of the quotas of this General Regime, credits for their establishment as a self-employed worker and preference for the enjoyment of other benefits of social legislation.

CHAPTER VII

Retirement

SECTION 1. RETIREMENT IN YOUR CONTRIBUTORY MODE

Article 160. Concept.

The economic benefit due to retirement, in its contributory form, will be unique for each beneficiary and will consist of a lifetime pension that will be recognized, under the conditions, amount and form that will be regulated. are determined, where the age established, ceases or has ceased in the employment of an employed person.

Article 161. Beneficiaries.

1. They shall be entitled to the retirement pension, in their contributory form, to persons covered by this General Scheme who, in addition to the general rule required by Article 124 (1), meet the following conditions:

a) Haber turned sixty-five years old.

(b) Have a minimum contribution period of 15 years covered, of which at least two must be within the eight years immediately preceding the time of entitlement.

2. The minimum age referred to in paragraph (a) above may be reduced by Royal Decree, on the proposal of the Minister of Labour and Social Security, in those professional groups or activities whose work is exceptionally distressing in nature, toxic, dangerous or unhealthy and have high levels of morbidity or mortality, provided that the workers concerned demonstrate in the respective profession or work the minimum of activity to be established.

3. They shall also be entitled to the retirement pension who are in temporary invalidity and who fulfil the conditions laid down in paragraph 1 of this Article.

4. By way of derogation from the first subparagraph of paragraph 1 of this Article, the retirement pension may be paid, even if the persons concerned are not at the time of the high or the situation treated as high, provided that meet the age and contribution requirements referred to in paragraph 1.

5. In order to cause a pension in the General Regime and in another or other of the Social Security system, in the case provided for in paragraph 4 of this Article, it shall be necessary for the contributions credited to each of them to overlap, at least, for 15 years.

Article 162. The statutory basis for the retirement pension.

1. The statutory basis for the retirement pension, in its contributory form, shall be determined in accordance with the provisions of the invalidity pension in Article 140 (1) and (4) of this Law.

2. Without prejudice to Article 120 (2), in order to determine the retirement pension, in its contributory form, the increases in the basis of contributions produced in the Member States shall not be taken into account. two last years, resulting from higher pay increases than the average annual increase experienced in the applicable collective agreement or, failing that, in the relevant sector.

3. Except for the general rule set out in the previous paragraph, wage increases resulting from the strict application of the rules contained in legal provisions and collective agreements on seniority and promotions Professional category regulations.

However, this general rule will apply when such wage increases are produced exclusively by the company's unilateral decision under its organizational powers.

In addition, in the terms of the preceding paragraph, the salary increases resulting from any other remuneration concept established in general and regulated in the above shall also be exempt. legal provisions or collective agreements.

4. By way of derogation from the preceding paragraph, in no case shall those salary increases exceeding the limit laid down in paragraph 2 of this Article and which have been agreed exclusively or in particular on the basis of the compliance with a particular age close to retirement.

5. For the purposes of calculating the statutory basis for the retirement pension in situations of multiemployment, the bases for which the various undertakings have been listed shall be taken into account only in their entirety if they are credited with staying at the same time. situation during the ten years immediately preceding the date of the causative event.

In another case, only the proportion of the contribution bases corresponding to the time actually quoted in the situation of pluriemployment within that period, in the form determined by the Ministry of Finance, will be accumulated. Work and Social Security.

Article 163. Amount of pension.

The amount of the retirement pension, in its contributory form, shall be determined for each beneficiary by applying to the regulatory base the percentage of the pension in accordance with the scale to be laid down in the general regulations, function of the years of contributions that correspond to it.

Article 164. Printability.

The right to the recognition of the retirement pension, in its contributory form, is imprinted, without prejudice to the effects of such recognition occurring from the three months preceding the date on which it was present the corresponding application, in the case of retirement in high status.

Article 165. Incompatibilities.

1. The enjoyment of the retirement pension, in its contributory form, will be incompatible with the work of the pensioner, with the provisos and in the terms that are legally or regulatively determined.

2. The performance of a job in the public sector, as defined in the second subparagraph of Article 1 (1) of Law 53/1984 of 26 December 1984, of Incompatibilities of Personnel to the Service of Public Administrations, is incompatible with the perception of a retirement pension, in its contributory mode.

The perception of the indicated pension shall be suspended for the duration of the performance of that position, without affecting its revaluations.

3. The receipt of the retirement pension, in its contributory form, will also be incompatible with the performance of the high charges referred to in the first article of Law 25/1983, of December 26, of Incompatibilities of High Charges.

Article 166. Partial retirement.

1. Workers who fulfil the conditions required to be entitled to a retirement pension with the exception of age, which shall be less than three years of age, at most, to that required, may be entitled to partial retirement under the conditions laid down in Article 3 (1) of the provided for in Article 4 (4) of Law 10/1994 of 19 May 1994 on Urgent Measures to Promote Occupation.

2. The benefit of the partial retirement pension will be compatible with a part-time job, until the age is generally established to claim entitlement to the retirement pension.

SECTION 2. RETIREMENT IN YOUR NON-CONTRIBUTORY MODE

Article 167. Beneficiaries.

1. They shall be entitled to a retirement pension, in their non-contributory form, to persons who, having been aged 60 and five years, have no income or income in excess of the limits laid down in Article 144, legally in Spanish territory and have done so for 10 years between the age of sixteen years and the age of accrual of the pension, of which two shall be consecutive and immediately prior to the application for the benefit.

2. Income and own income, as well as non-computable ones for the purpose of living together in the same economic unit, and residence on Spanish territory, condition both the right to a pension and the preservation of the same and, where appropriate, the amount of that.

Article 168. Amount of pension.

For the determination of the amount of the retirement pension, in its non-contributory mode, the invalidity pension shall be in accordance with Article 145 of this Law.

Article 169. Economic effects of the recognition of the right.

The economic effects of the recognition of the right to a retirement pension, in its non-contributory form, shall be produced from the first day of the month following that in which the application is submitted.

Article 170. Obligations of the beneficiaries.

The recipients of the retirement pension, in their non-contributory form, shall be obliged to comply with the provisions laid down, for the invalidity pension, in Article 149 of this Law.

CHAPTER VIII

Death and Survival

Article 171. Benefits.

1. In the event of death, whatever their cause, some or some of the following may be granted, depending on the following:

a) A death aid.

b) A lifetime pension for widower.

c) An orphan's pension.

d) A lifetime pension or, if applicable, temporary allowance in favour of family members.

2. In the event of death caused by an accident at work or occupational disease, a flat-rate allowance shall also be granted.

Article 172. Causing subjects.

1. They may be entitled to the benefits listed in the previous Article:

(a) Persons integrated in the General Regime who fulfil the general condition required by Article 124 (1).

b) Provisional invalids and pensioners for permanent invalidity and retirement, both in their contributory mode.

2. The right to death as a result of an accident at work or of occupational disease shall be deemed to have been recognised for such contingencies as an absolute permanent invalidity for all work or the condition of great invalidity.

If the assumption provided for in the preceding paragraph is not given, it must be proved that the death has been due to the accident at work or to the occupational disease, provided that the death occurred within the following five years. on the date of the accident; in the case of occupational disease, such proof shall be permitted, whichever is the time.

3. Workers who have disappeared on the occasion of an accident, whether or not they work, in circumstances that make their death presumed and without any news of their own during the 90 calendar days following that of the accident, may cause death and survival benefits, except for death aid. The economic effects of the benefits shall be rolled back to the date of the accident, under the conditions to be determined.

Article 173. Death aid.

The death of the deceased will entitle the immediate perception of a death aid to meet the expenses of the person who has endured them. Unless proof to the contrary, they are presumed to have been satisfied by this order: By the surviving spouse, children and relatives of the deceased who lived with him habitually.

Article 174. Widow's pension.

1. He shall be entitled to a widow's pension, for a lifetime, unless there are any of the cases of extinction which he or she regulates are established, the surviving spouse when, at the death of his or her spouse, he or she is (a) to be in a high or in a situation treated as high, would have completed the period of quotation which it is determined to regulate. If the cause of death is an accident, whether or not work, or a professional illness, no prior contribution period shall be required.

2. In the case of separation or divorce, the right to a widow's pension shall correspond to the person who is or has been a legitimate spouse and in proportion to the length of time lived with the deceased spouse, irrespective of the causes of such separation. determined separation or divorce.

3. The rights deriving from the previous paragraph shall be without effect in the cases referred to in Article 101 of the Civil Code.

Article 175. Orphan's pension.

1. They shall be entitled to the orphan's pension each of the children of the deceased, whatever the legal nature of their parentage, and, under the conditions which are regulated by law, the adoptees, provided that the deceased person dies, are less than 18 years of age or are unfit for work and who have covered the required contribution period, in relation to the widow's pension, in paragraph 1 of the previous Article.

2. The orphan's pension shall be paid to those who are in charge of the beneficiaries, according to regulatory determination.

Article 176. Benefits in favour of family members.

1. The General Regulations for the Development of this Law will determine those other relatives or assimilated persons who, together with the conditions established for each of them, will be established and after proof of their economic dependence on the deceased. the right to a pension or death allowance, in the amount to be fixed respectively.

2. In any event, the children or siblings of beneficiaries of contributory retirement and invalidity pensions shall be entitled to a pension, in respect of the terms laid down in the general regulations, the following: circumstances:

a) Haber lived with the causative and his position.

b) Be over forty-five and single, divorced or widowed.

c) Credit extended dedication to the care of the causative.

d) Carishing of life's own.

3. The duration of temporary allowances for death and survival will be the subject of determination in the General Regulations for the Development of this Law.

4. For the purposes of these benefits, those who are in a legal position of separation shall have the same rights as those of their ascendants or descendants, which would be the same as their marriage.

Article 177. Special flat-rate allowance.

1. In the case of death by accident of work or occupational disease, the surviving spouse and orphans shall be entitled to a flat-rate allowance, the uniform amount of which shall be determined in the general regulations of this Law.

In the case of separation or divorce, it shall apply, where appropriate, as provided for in Article 174 (2) of this Law.

2. Where other family members are not entitled to a pension for death and survival, the father or mother who lived at the expense of the deceased worker, provided that they do not, on the occasion of the death of the deceased worker, have the right to benefits (a) the compensation referred to in paragraph 1 of this Article shall be collected.

Article 178. Printability.

The right to the recognition of death and survival benefits, with the exception of death aid, shall be imprinted, without prejudice to the effects of such recognition occurring from the three months onwards. prior to the date on which the corresponding application is submitted.

Article 179. Compatibility and limit of performance.

1. The widow's pension shall be compatible with any working income.

2. The orphan's pension shall be compatible with any working income of the person who is or has been the spouse of the deceased, or of the orphan himself, as well as, where appropriate, the widow's pension.

By way of derogation from the preceding paragraph, the perception of the orphan's pension shall be incompatible with the performance of a job in the public sector, as defined in the second subparagraph of Article 1 (1). First of the Law 53/1984, of December 26, of Incompatibilities of the Personnel to the Service of the Public Administrations. The perception of the pension shall be suspended for the duration of the performance of that post, without affecting its revaluations.

3. Orphans who are disabled for work entitled to an orphan's pension, when they receive another Social Security pension for the same incapacity, may choose between one or the other.

4. The sum of the amounts of widow's and orphan's pensions may not exceed the amount of the relevant regulatory base, as provided for in Article 120 (2), on the basis of the contributions made by the deceased. This limitation shall apply to the initial determination of the amounts expressed, but shall not affect the periodic revaluations of the pensions of widowers and orphans referred to in paragraph 2 of this Article. Article 48 of this Law.

5. The effects of the concurrency on the same beneficiaries of orphan's pensions caused by the father and mother will be determined.

CHAPTER IX

Family benefits per child in charge

SECTION 1. CONTRIBUTORY MODE

Article 180. Benefits.

Child protection benefits in your contributory mode will consist of:

(a) An economic allowance, for each child, under the age of eighteen or affected by a disability to a degree equal to or greater than 65 per 100, by the beneficiary, whatever the legal nature of the filiation of those.

(b) The consideration, as an effective contribution period, of the first year with the reserve of work of the period of leave which the workers, in accordance with the applicable legislation, enjoy in the care of each child.

Article 181. Beneficiaries.

They will be entitled to the economic allowance per child in charge, in their contributory mode:

(a) Persons integrated in the General Regime who, by meeting the general condition required by Article 124 (1), do not receive annual income of any kind exceeding 1,035,000 pesetas. The above amount will be increased by 15 per 100 for each child in charge, from the second, this included.

The maximum annual income ceiling set out in the previous paragraph shall be updated annually in the General Budget Law of the State in respect of the amount of the previous financial year, at least, in the same percentage as in This Law is established as a general increase in the contributory pensions of Social Security.

(b) Pensioners of this General Scheme for any contingency or situation, in contributory form, and recipients of the provisional invalidity allowance, who do not receive income, including pension or pension allowance, in excess of the amount indicated in the previous paragraph.

SECTION 2. NON-CONTRIBUTORY MODE

Article 182. Benefit.

The provision of child protection, in its non-contributory form, shall consist of an economic allowance, for each child, under eighteen years of age or affected by a disability to a degree equal to or greater than 65 per 100, to the beneficiary's charge, whatever the legal nature of the filiation of those.

Article 183. Beneficiaries.

They will be entitled to the economic allowance per child in their non-contributory mode, who:

a) They are legally resident in Spanish territory.

b) Take care of children in whom the conditions laid down in the previous article are met.

(c) Do not receive annual income, of any kind, exceeding the limits set out in Article 181 (a).

(d) Do not have the right, neither the father nor the mother, to benefits of this same nature in any other public social protection regime.

SECTION 3. RULES APPLICABLE TO BOTH MODES OF PERFORMANCE

Article 184. Determining the payee condition in special assumptions.

1. By way of derogation from Articles 181 and 183, they may also be beneficiaries of the economic allocations per child in charge, the persons identified in the same who receive annual income, by any nature, which, exceeding the figure referred to in the above Articles, be lower than the amount resulting from adding to that figure the product of multiplying the annual amount of the allowance per child by the number of children in charge of the beneficiaries.

In such cases, the annual amount of the allocation shall be equal to the difference between the revenue received by the beneficiary and the figure resulting from the application of the preceding paragraph. This amount shall be distributed between the children in charge of the beneficiary and the monthly payments to which, within each financial year, the allowance is entitled, being rounded up, after such distribution, to the multiple of 1,000 more close by excess.

No economic allowance shall be recognised per child in charge, where the difference referred to in the preceding paragraph is less than 3,000 pesetas per year for each child in charge.

2. In the case of co-existence of the father and the mother, if the sum of the income of both exceeds the income limits laid down in Articles 181 and 183 and paragraph 1 of this paragraph, the condition of the beneficiary shall not be recognised as a of them.

3. They shall also be beneficiaries of the allocation which, where appropriate and on the basis of which their parents have been assigned, those orphans of the father and the mother, children under 18 years of age or disabled at a level equal to or greater than 65 per 100, whether or not Social Security system orphan pensioners.

Same criteria will be followed in the case of those who are not orphans and have been abandoned by their parents, whether or not they are in a family friendly regime.

In the case of non-disabled children, it is essential that their annual income, including, where appropriate, the orphan's pension, do not exceed the limit laid down in Article 181 (a).

4. For the purposes of recognition of the status of beneficiary of the economic allocations provided for in Article 185 (2), no limit of economic resources shall be required.

5. In the case of legal separation or divorce, the right to receive the allowance referred to in Articles 180 and 182 shall be kept for the father or mother for the children in his or her capacity, even if the person is a person other than the one who has been recognised before legal separation or divorce has occurred, provided that the child in charge does not exceed the annual income limits set out in Articles 181 and 183 and in the preceding paragraphs of this Article.

Article 185. Amount of benefits.

1. The amount of the economic allocation referred to in Articles 180 and 182 shall be, in annual accounts, of 36,000 pesetas, except in the case of special cases referred to in the following paragraph.

2. In cases where the child in charge has a disability status, the amount of the economic allowance shall be as follows:

(a) 72,000 pesetas, when the child in charge is under the age of eighteen and the degree of disability is equal to or greater than 33 per 100.

(b) 391,620 pesetas, when the child in charge is over eighteen years of age and is affected by a disability to a degree equal to or greater than 65 per 100.

(c) 587.460 pesetas, when the child in charge is over eighteen years of age, is affected by a disability to a degree equal to or above 75 per 100 and, as a result of anatomical or functional losses, needs the contest of another person to perform the most essential acts of life, such as dressing, scrolling, eating or analogous.

Article 186. Determination of the degree of disability and the need for another person's contest.

The degree of disability, for the purposes of recognition of allowances for a disabled child in charge, as well as the situation of dependency and the need for a third person's contest referred to in paragraph 2 (c) of the The above Article shall be determined by the application of a scale to be approved by the Government through Royal Decree.

Article 187. Incompatibilities.

1. In the case where the father and the mother are in the circumstances necessary to qualify as beneficiaries of the economic allocation referred to in Articles 180 and 182, the right to receive it may be recognised only in favour of the of one of them.

2. The dependent child allowance provided for in Article 180 shall be incompatible with the perception, by the parent or the parent, of any other similar provision established in the other public social protection schemes.

3. The perception of the economic allocations by a disabled child, as laid down in Article 185 (2) (b) and (c), shall be incompatible with the condition, on the part of the disabled child, of invalidity or retirement pension in the non-contributory mode.

Article 188. Accrual and credit.

1. The economic allocations referred to in Articles 180 and 182 shall be payable on the basis of the monthly payments to which the beneficiary is entitled, within each financial year.

2. The payment of the economic allocations shall be carried out with the periodicity laid down in the rules for the development of this Law.

Article 189. Statement and effects of family variations.

1. Any beneficiary shall be obliged to declare any variations in his family, provided that such variations must be taken into account for the purposes of the birth, modification or extinction of the right.

In no case will it be necessary to document those facts or circumstances, such as the amount of pensions and allowances, that the Social Security Administration must know directly.

Every beneficiary shall be required to submit, within the first quarter of each year, an expressive statement of the income during the previous year.

2. Where the variations referred to in the preceding paragraph occur, they shall, in the case of the birth of the right, take effect from the first day of the calendar quarter immediately following the date on which the recognition was requested. of the same and, in the event of the extinction of the right, such variations shall not take effect until the last day of the calendar quarter within which the variation in question has occurred.

Article 190. Collaboration of the Civil Registry.

The offices of the Civil Registry shall provide the managing body with the information it requests concerning the registration and the data in the register and which may be related to the birth, modification, preservation or extinction of the right to economic allowances per child in charge.

CHAPTER X

Common Provisions of the General Regime

SECTION 1. VOLUNTARY IMPROVEMENTS TO THE PROTECTIVE ACTION OF THE GENERAL SCHEME

Article 191. Improvements to the protective action.

1. Voluntary improvements to the protective action of this General Regime may be made through:

a) Direct improvement of capabilities.

b) Setting additional quote types.

2. The granting of voluntary improvements by the companies should be in line with the provisions of this section and the rules laid down for their implementation and development.

Article 192. Direct improvement of performance.

Companies will be able to directly improve the benefits of this General Regime, costing them to their sole office. By way of derogation, and subject to the approval of the Ministry of Labour and Social Security, an economic contribution may be made by the employees, provided that they are entitled to benefit from the improvements or not, individually and voluntarily. granted by employers with such a condition.

notwithstanding the voluntary nature of the implementation of the improvements to which this article refers, for employers, when under the same conditions a worker has caused the right to the improvement of a periodic benefit, that right may not be disallowed or diminished, if not in accordance with the rules governing its recognition.

Article 193. Modes of direct improvement management.

1. Undertakings, under the conditions which they are determined to determine, may make the improvement of the benefits referred to in the previous Article, by themselves or through the Administration of Social Security, Labour Foundations, and Social Welfare Mutual Insurance or Insurance Entities of any kind.

2. Legally constituted employment foundations for the purpose of their own purposes of tax treatment and other exemptions granted, in the terms that the applicable rules establish.

Article 194. Improvement by setting additional quote types.

The Ministry of Labour and Social Security may, at the request of the parties concerned, approve additional contributions made by the increase in the rate referred to in Article 107, to the revaluation of pensions or other periodic benefits already caused and financed from the pension or to improve future ones.

SECTION 2. PROVISIONS ON SAFETY AND HYGIENE AT WORK IN THE GENERAL SCHEME

Article 195. Non-compliance with accidents at work.

Failure by undertakings of the decisions of the Inspectorate of Labour and Social Security and of the decisions of the Labour Authority on the cessation of work which do not comply with the safety and security standards hygiene shall be equated with respect to accidents at work which may occur in such cases, in the absence of any form of protection for such a contingency of the workers concerned, irrespective of any other liability or penalty what would have happened.

Article 196. Specific rules for occupational diseases.

1. All undertakings which have to cover jobs at risk of occupational diseases are obliged to carry out medical examinations prior to the admission of workers to be employed by those undertakings and to carry out the examinations. newspapers which for each type of disease are laid down in the rules which the Ministry of Labour and Social Security will give to the effect.

2. The examinations shall be carried out by the undertaking and shall be compulsory for the worker, to whom he shall pay the travel costs and the total of the salary which he or she may leave from perceive.

3. An undertaking may not hire workers who have not been qualified in the medical examination as being fit to carry out the jobs of the same concerned. The same prohibition is laid down in respect of the continuation of the worker at his/her job when the declaration of aptitude is not maintained in the successive examinations.

4. The implementing and development provisions shall lay down the exceptional cases in which, by reason of the fact that employment contracts are made, a period of time may be granted for recognition immediately after the initiation of the job.

Article 197. Responsibilities for lack of medical recognitions.

1. The management and mutual associations of occupational accidents and occupational diseases of social security are obliged, before taking up their duties, to protect themselves by accident at work and occupational diseases of the staff employed in the industries with specific risk of this last contingency, to know the certificate of prior medical recognition referred to in the previous article, stating in the relevant documentation that such an obligation has been fulfilled. The results of the periodic medical examinations must be known in the same way.

2. Failure by the undertaking to comply with the obligation to carry out prior or periodic medical examinations shall be the direct responsibility of all the benefits which may be derived, in such cases, from occupational disease, either if the company is associated with a Mutual Insurance and Occupational Accident Insurance Company, as if it has covered the protection of such contingency in a managing body.

3. Failure to comply with the Occupational and Occupational Accident Mutuals of the provisions of paragraph 1 of this Article shall cause them to incur the following responsibilities:

(a) Obligation to enter in favour of the general purposes of prevention and rehabilitation, as referred to in Article 73 of this Law, the amount of the premiums received, with a surcharge which may be 100 per 100 of that amount.

(b) Obligation to enter, with the destination before fixed, an amount equal to that equal to the responsibilities of the undertaking, in the cases referred to in the preceding paragraph of this Article, including such responsibilities shall be carried out in accordance with the provisions of Article 123 of this Law.

c) Annulment, in case of recidivism, of the authorization to collaborate in the management.

d) Any other responsibilities that come under this Law and its implementing and development provisions.

CHAPTER XI

Management

Article 198. Management and collaboration in management.

The management of the General System of Social Security, as well as the collaboration in the management by the Mutual Work and Occupational Diseases of Social Security and Business, will be governed by the provisions of the in Chapter VII of Title I of this Law.

Article 199. Concerts for the provision of administrative and health services.

For the best performance of their functions, the agencies of the Social Security Administration, in accordance with their respective competences, may agree with public or private entities, the mere provision of services administrative, health or professional recovery. The concerts which the effect is to be established shall be approved by the competent ministerial departments and the economic compensation provided for in them may not consist in the delivery of a percentage of the shares of this General Regime. In any case, it will not be possible to replace the management function entrusted to those bodies.

CHAPTER XII

Financial Regime

Article 200. Financial system.

The financial system of the General System of Social Security shall be that provided for in Article 87 of this Law, with the particularities that, in the case of accidents at work, are set out in the following article.

Article 201. Specific rules on accidents at work.

1. The Mutual Economic and Social Security Accidents and, where appropriate, the companies responsible shall constitute in the General Treasury of Social Security, up to the limit of their respective responsibility, the value of the the current capital cost of pensions which, in accordance with this Law, are caused by permanent invalidity or death due to an accident at work. The Ministry of Labour and Social Security shall approve the applicable mortality tables and interest rates for the determination of the values referred to.

2. With regard to the protection of accidents at work referred to in this Article, the Ministry of Labour and Social Security may lay down the obligation of the Working Party and Occupational Diseases Mutuals to re-assure the the General Treasury of Social Security the percentage of the risks assumed to be determined, without, in any event, less than 10 per 100 and not more than 30 per 100. For such purposes, the situation of temporary incapacity for work and the health care and professional recovery that correspond to them shall be excluded.

In relation to excess losses, not reinsused in accordance with the preceding paragraph, the Mutual Insurance and Occupational Accident Mutuals shall constitute the appropriate deposits or shall, in the case of the other, provide the right. supplementary reinsurance of the above under the conditions to be established.

The Ministry of Labour and Social Security may provide for the replacement of the obligations set out in this paragraph by the application of another system of compensation for the results of the management of the protection by accidents at work.

3. The Mutual Insurance and Occupational Diseases of Accidents or, where appropriate, the undertakings responsible for the benefits shall enter into the General Treasury of the Social Security the capital in the amount necessary to constitute an income For 25 years, 30 per 100 of the salary of workers who die as a result of medical or immediate consequences of an accident without leaving any family with a pension.

CHAPTER XIII

Application of general system rules

Article 202. Extra duty.

The provisions of Title I of this Law, as well as the provisions for its application and development, are not expressly provided for in this Title.

TITLE III

Unemployment protection

CHAPTER I

General rules

Article 203. Object of protection.

1. The purpose of this Title is to regulate the protection of the unemployment contingency in which those who, being able and willing to work, may lose their employment or have reduced their ordinary working day, in the terms provided for in the Article 208 of this Law.

2. Unemployment shall be total where the worker ceases, on a temporary or permanent basis, in the activity which he or she has been developing and is subsequently deprived of his/her salary.

3. Unemployment shall be partial where the worker is temporarily reduced to his ordinary working day, at least in one third, provided that the salary is the subject of a similar reduction.

Article 204. Levels of protection.

1. Unemployment protection is structured at a contributory level and at a level of care, both of a public and compulsory nature.

2. The contributory level is intended to provide substitute benefits for the wage income that is left to be perceived as a result of the loss of a previous job or the reduction of the day.

3. The level of care, which is complementary to the previous level, guarantees the protection of unemployed workers who are in one of the cases covered by Article 215.

Article 205. Protected persons.

1. They shall be covered by unemployment protection, provided that they are listed for this contingency, the employed persons included in the General Social Security Scheme, the staff employed under the rule of law administrative and employment officials at the service of the Public Administrations.

2. They shall also be subject to the specific characteristics of the employed persons included in the Special Social Security Regulations which protect such contingency.

3. Unemployment protection shall also be extended, under the conditions laid down in this Title, to those released from prison.

Article 206. Protective action.

1. The unemployment protection shall comprise the following

:

1. At the contributory level:

a) Total or partial unemployment.

(b) Abono of the contribution of the undertaking corresponding to the social security contributions during the receipt of the unemployment benefits, except in the cases provided for in Article 214 (2), as well as of the supplement to the employee's contribution in the terms provided for in Article 214 (4) of this Law.

2. At the care level:

a) Unemployment allowance.

(b) Abono of social security contributions corresponding to health care benefits, family protection and, where applicable, retirement, during the receipt of unemployment benefit.

2. In addition to the benefits provided for in the previous paragraph, specific training, further training, guidance and retraining measures will be carried out in favour of unemployed workers.

CHAPTER II

Contributory level

Article 207. Requirements for the birth of the right to benefits.

In order to be entitled to unemployment benefits, the persons referred to in Article 205 shall meet the following requirements:

(a) Be affiliated with Social Security and in a situation of high or assimilated to the high in the cases that are regulated.

(b) Having covered the minimum contribution period referred to in Article 210 (1) of this Law, within six years prior to the legal status of unemployment or at the time of the end of the obligation to Quote.

c) Find yourself in a legal unemployment situation.

d) Not having complied with the ordinary age required in each case to cause the pension to be entitled to a contributory pension, unless the worker is not entitled to the period of contribution required for this purpose, or cases of suspension of working relations or reduction of working time authorised by administrative decision.

Article 208. Legal status of unemployment.

1. Workers who are included in one of the following cases shall be in a legal position of unemployment:

1. When their employment relationship is extinguished:

a) Under the employment regulation file.

b) By death, retirement or incapacity of the individual employer, when determining the termination of the contract of employment.

c) By dismissal from or from. In the case of dismissal, the judgment of the social court is necessary.

d) By dismissal based on objective causes.

e) By voluntary resolution on the part of the worker, in the cases provided for in Articles 40, 41.3 and 50 of the Staff Regulations.

(f) For the expiration of the agreed time or performance of the work or service subject to the contract, provided that such causes have not acted upon the worker's complaint.

g) By resolution of the employment relationship, during the probationary period, at the request of the employer, provided that the termination of the previous employment relationship was due to any of the assumptions referred to in this paragraph; or a period of three months has elapsed since that termination or from the judgment declaring the dismissal from the date of termination.

2. When their employment relationship is suspended under the employment regulation file.

3. Where it is reduced by a third party, at least, the working day, in terms that are laid down in regulation.

4. Where fixed workers of a discontinuous character are not effective in terms of employment, in the terms that are laid down in regulation.

5. When workers return to Spain for extinguishing the employment relationship in the foreign country, provided they do not obtain unemployment benefit in that country and credit sufficient contributions before leaving Spain.

2. Workers who are in the following cases shall not be considered to be in a legal situation of unemployment:

1. Where they voluntarily cease at work, except as provided for in paragraph 1 (e) of this Article.

2. Where they have been terminated and do not claim timely and timely against the business decision, except as provided for in paragraph 1.1.d) of this Article.

3. Where the dismissal by a firm judgment and communicated by the employer to the date of return to work is inadmissible or void, no such right shall be exercised on the part of the worker or, where appropriate, no use shall be made of the actions provided for in the Article 276 of the Act of Labor Procedure.

4. Where they have not applied for reentry to the job in the cases and time limits laid down in the legislation in force.

Article 209. Application and birth of entitlement to benefits.

1. Persons who satisfy the conditions laid down in Article 207 of this Law shall apply to the competent management body for the recognition of the right to benefits, which shall be based on the legal status of unemployment. requested within the period of the following 15 days. The application shall involve registration as a jobseeker if the application has not been previously made.

2. Those who prove that they comply with the requirements laid down in Article 207, but submit the application after the period of 15 days referred to in paragraph 1 of this Article, shall be entitled to the recognition of the benefit from the of the date of the application, losing as many days of benefit as medien between the date on which the birth of the right to have been applied for in time and form and the date on which the application was actually made.

3. In the case of dismissal, the worker must remain registered as a jobseeker for a waiting period of three months from the time of the judgment, after which the right shall be born, provided that he is requested to the conditions laid down in the preceding paragraphs.

Article 210. Duration of the unemployment benefit.

1. The duration of the unemployment benefit shall be on the basis of the periods of occupation listed in the six years preceding the legal unemployment situation or at the time the obligation to list is terminated, according to the following scale:

period (in days)	Delivery period (in days)
From 360 to 539	120
540 to 719	180
720 to 899	240
900 to 1,079	300
1,080 to 1.259
1,260 to 1,439	420
1,440 to 1,619	480
1,620 to 1,799	540
1,800 to 1,979	600
From 1,980 to 2,159	660
2.160	720

2. For the purposes of determining the period of occupation referred to in the preceding paragraph, account shall be taken of all contributions which have not been taken into account for the recognition of an earlier right, both contributory and assistance. Contributions shall not be taken into account for the time of payment of the benefit to the managing body or, where appropriate, the undertaking.

3. Where the right to benefit is extinguished by the holder of a job of a duration of 12 months or more, the holder may, in the event of a new benefit, be entitled to reopen the initial right for the period which he or she is entitled to (a) the basic and the rates and rates corresponding to it, or the benefit generated by the new contributions made. Where the worker opts for the previous benefit, the contributions which he or she has generated for the benefit for which he has not chosen may not be taken into account for the recognition of a later, contributory or aid-level right.

Article 211. Amount of unemployment benefit.

1. The regulatory basis for the benefit shall be the average of the base for which it has been listed for that contingency during the last six months of the period referred to in paragraph 1 of the previous Article.

2. The amount of the benefit shall be determined by applying the following percentages to the regulatory base: 70 per 100 for the first hundred and eighty days and 60 per 100 from the day one hundred and eighty-one.

3. The amount of the benefit shall not exceed 170 per 100 of the minimum inter-branch salary, except where the worker has dependent children, in which case the maximum amount may be raised by regulation, depending on the number of children, to the 220 per 100 of the quoted salary. The minimum benefit ceiling shall be 100 per 100 or 75 per 100 of the minimum inter-professional salary, depending on whether or not the worker has children in charge. In the case of unemployment by loss of part-time employment, the minimum and maximum amounts shall be determined taking into account the minimum inter-professional salary which the worker would have paid on the basis of the hours worked.

For the purposes of this paragraph, account shall be taken of the minimum inter-professional salary, including the proportional share of two extraordinary payments, in force at the time of the right of birth.

4. The partial unemployment benefit shall be determined, in accordance with the rules laid down in the preceding paragraphs, in proportion to the reduction of the working day.

Article 212. Suspension of duty.

1. The right to the perception of unemployment benefit shall be suspended by the managing body in the following cases:

(a) For a month where, unless justified, the holder of the right does not appear, upon request, to the managing body, does not renew the demand for employment in the form and dates to be determined by the managing body in the document for the renewal of the application, or do not return the corresponding supporting evidence to the National Employment Institute within the period and dates indicated to cover the job vacancies provided by that Institute.

(b) While the rightholder is either providing the military service or performing a replacement social benefit from that service. The right shall not be suspended if the holder has family responsibilities and does not have any family income whose value exceeds the minimum inter-professional salary.

c) While the rightholder is serving time that implies deprivation of liberty. The right to the same assumption provided for in the previous paragraph shall not be suspended.

d) As long as the right holder performs a job of less than twelve months.

2. The suspension of the right to benefit shall result in the interruption of the payment of the benefit and shall not affect the period of its receipt, except in the case referred to in paragraph (a) above, in which the period of receipt of the benefit shall be reduced for time equal to that of the suspension produced.

Article 213. Extinction of the right.

1. The right to the receipt of unemployment benefit shall be extinguished in the following cases:

a) Exhaustion of the duration of the benefit.

(b) Refusal from an adequate or negative job offer to participate in social partnership work, employment programmes, or in the form of promotion, training and retraining, unless justified.

(c) Imposition of penalty of extinction of the benefit, as provided for in Article 46 of Law 8/1988 of 7 April on Infractions and Sanctions of Social Order.

(d) Realisation of work of a duration equal to or greater than 12 months, without prejudice to Article 210 (3).

e) Compliance, by the rightholder, of the ordinary retirement age, with the provisos set out in Article 207.d).

f) To become a pensioner in retirement, or permanent invalidity in the degree of permanent incapacity for the usual profession, absolute permanent incapacity for work or great invalidity. In these cases of invalidity, however, the beneficiary may choose the most favourable benefit.

g) Transfer of residence abroad, except in cases that are regulated by law.

h) Voluntary waiver of the right.

2. For the purposes set out in this Title, appropriate placement shall be deemed to be appropriate to the usual profession of the worker or any other who, in accordance with his/her physical and training skills, is entitled to a salary equivalent to that established in the sector in which the job is offered to him, irrespective of the amount of the benefit to which he is entitled, and does not change his habitual residence, unless he has the possibility of appropriate accommodation at the place of the new job. In any case, the appropriate placement shall be deemed to be the same as the last work activity performed.

3. The work of social partnership which the managing body may require from the recipients of unemployment benefits shall not imply the existence of a working relationship between the unemployed person and the institution in which the work is carried out, maintaining the the right to receive the benefit or the unemployment benefit that corresponds to it.

The managing body will promote the holding of concerts with public administrations and non-profit entities in which they identify, in the conditions that they regulate, such works of social collaboration that must, in any case, meet the following requirements:

a) To be of social utility and to be in the interest of the community.

b) Having a temporary character.

c) Match the physical and training skills of the unemployed worker.

d) Do not assume change of habitual residence of the worker.

Article 214. Contribution during the unemployment situation.

1. During the period of receipt of the unemployment benefit, the managing body shall enter the contributions to the Social Security, assuming the business contribution and discounting the amount of the benefit, including the cases in which it does reference to Article 211 (3) of this Law, the contribution corresponding to the worker.

2. In the case of reduction of the day or suspension of the contract, the company shall enter the corresponding contribution, the managing body having to enter only the contribution of the worker, after the discount referred to in the Previous section.

3. Where the employment relationship has been extinguished, the contribution to the Social Security contribution shall not include the corresponding unemployment, occupational accidents and occupational diseases, the Wage Guarantee Fund and vocational training.

4. During the receipt of the unemployment benefit, the contribution of the worker to the Social Security shall be reduced by 35 per 100, which shall be paid by the managing body. In the case of fixed workers of the Special Agrarian Regime, this reduction will be 72 per 100.

CHAPTER III

Care level

Article 215. Beneficiaries of the unemployment benefit.

1. They will be beneficiaries of the allowance:

1. The unemployed persons who are registered as jobseekers within one month without having refused the right job offer or refusing to take part, except for justified reasons, in promotion, training or retraining measures professional, and lacking income of any higher nature, in monthly computation, to 75 per 100 of the minimum interprofessional salary, excluding the proportional part of two extraordinary pages, are found in one of the following situations:

a) Have exhausted unemployment benefit and have family responsibilities.

(b) You have exhausted a right to unemployment benefit of at least three hundred and sixty days ' duration, have no family responsibilities and are over forty-five years of age at the date of exhaustion.

c) Being a migrant worker who, having returned from abroad, is not entitled to unemployment benefit and has worked for at least six months abroad since his last departure from Spain.

(d) You have been released from prison and not entitled to unemployment benefit, provided that the deprivation of liberty has been for longer than six months.

(e) to have been declared fully capable or invalid in the degree of partial permanent incapacity for the usual profession, as a result of a review file for improvement of an invalidity situation in the grades of total permanent incapacity for the usual profession, absolute permanent incapacity for all work or great invalidity.

2. The unemployed who, together with the requirements referred to in paragraph 1.1. of this Article, except for the waiting period, are in a legal state of unemployment and are not entitled to the contributory benefit because they have not covered the minimum quote period, provided that:

a) Hayan listed at least three months and have family responsibilities.

b) Hayan listed at least six months, even though they lack family responsibilities.

3. Workers over the age of fifty-two years, even if they do not have family responsibilities, provided that they are in one of the cases referred to in the previous paragraphs, have been unemployed for at least six years. the length of their working life and credit that, at the time of application, they meet all the requirements, except age, to access any type of contributory pension pension in the Social Security system.

4. Unemployed persons over 40 and five years of age on the date on which they have exhausted a right to unemployment benefits of seven hundred and twenty days, which meet all the requirements laid down in paragraph 1.1 of this Article, except The period of waiting period shall be entitled to a special allowance prior to the application for the unemployment allowance provided for in paragraphs (a) and (b) of that paragraph, provided that they have not been eligible for a new benefit of contributory level or do not have the right to the allowance provided for in the previous paragraph.

2. For the purposes of this Article, family responsibilities shall be taken to mean that the spouse, children under the age of twenty-six or the disabled, or less-than-six-year-olds are entitled to the income of the family unit as a whole. constituted, including the applicant, divided by the number of members who compose it, does not exceed 75 per 100 of the minimum interprofessional salary, excluding the proportional share of two extraordinary pages.

The spouse, children or minors who have received benefits shall not be considered to be in charge, with income of any kind exceeding 75 per 100 of the minimum interprofessional salary, excluding the proportional share of two extraordinary pages.

Article 216. Duration of the allowance.

1. The duration of the unemployment benefit shall be six months, which may be extended, for six-monthly periods, up to a maximum of eighteen months, except in the following cases:

1. Unemployed persons covered by paragraph 1.1. (a) of the preceding article which on the date of exhaustion of the unemployment benefit is:

(a) Over forty-five years of age who have exhausted a right to unemployment benefits of at least one hundred and twenty days. In this case, the subsidy shall be extended to a maximum of 24 months.

(b) Over forty-five years of age who have exhausted a right to unemployment benefits of at least one hundred and eighty days. In this case, the subsidy shall be extended to a maximum of 30 months.

(c) Under forty-five years of age who have exhausted a right to unemployment benefits of at least one hundred and eighty days. In this case, the subsidy shall be extended to a maximum of 24 months.

2. Unemployed persons covered by paragraph 1 (1) (b) of the previous Article. In this case the duration of the allowance shall be six months unextendable.

2. In the case provided for in paragraph 1.2 of the previous Article, the duration of the allowance shall be as follows:

a) In case the worker has family responsibilities:

Listing Period

Subsidy
months of quotation	3 months
4 months of quotation	4 months
5 months		5 months
6 or more quotation months	21 months

If the subsidy is twenty-one months, it will be recognized for a period of six months, extendable until its maximum duration is exhausted.

(b) In the event that the worker has no family responsibilities and has at least six months ' contribution, the duration of the allowance shall be six months unextendable.

In both cases, the contributions that were used for the birth of the allowance may not be taken into account for the recognition of a future right to the benefit of the contributory level.

3. In the case provided for in paragraph 1.3 of the previous Article, the allowance shall be extended until the worker reaches the age of entitlement to the contributory retirement pension in any of its forms.

4. The special allowance for over forty-five years, provided for in paragraph 1.4 of the previous Article, shall be for a period of six months.

5. The duration of the allowance in the case of discontinuous fixed workers in the situations referred to in paragraphs (a) and (b) of paragraph 1.1 and in paragraph 1.2 of the preceding article shall be equivalent to the number of months quoted in the year before the request.

They shall not apply to these workers, while maintaining that condition, the unemployment allowance for over fifty-two years and the special allowance for over-forty-five years, provided for, respectively, in paragraphs 1.3 and 1.4 of the previous Article.

Article 217. Amount of allowance.

1. The amount of the unemployment benefit shall be equal to 75 per 100 of the minimum inter-professional salary in force at any time, excluding the proportional share of two extraordinary pages. In the case of unemployment by loss of part-time work, that amount shall be collected in proportion to the hours previously worked, in the cases referred to in paragraphs (a) and (b) of paragraph 1.1, and in paragraphs 1.2, 1.3 and 1.4 of the Article 215. 2. However, the amount of the special allowance for more than 40 and five years as referred to in Article 215 (4) shall be determined on the basis of the worker's family responsibilities, assessed in accordance with the provided for in paragraph 2 of that Article, in accordance with the following percentages of the interprofessional minimum wage in force at any time, excluding the proportional share of the extraordinary payments:

a) 75 per 100, when the worker has one or no relatives in his or her capacity.

b) 100 per 100, when the worker has two relatives in his or her care.

c) 125 percent, when the worker has three or more family members in charge.

3. The amounts referred to in the preceding paragraph shall also apply during the first six months to the unemployed who are eligible for the allowance for more than fifty-two years, as referred to in Article 215 (3). and Article 216 (3), provided that they meet the requirements for access to the special allowance.

Article 218. Contribution during the receipt of the allowance.

1. During the receipt of the allowance, the managing body shall enter the social security contributions corresponding to the health care benefits and, where appropriate, protection of the family.

2. In the case of unemployment benefit for workers over the age of fifty-two years, the managing body must also be listed for the retirement contingency.

3. In the case of receipt of the unemployment benefit, in the case of discontinuous fixed workers and the beneficiary, for the purposes of recognition of the allowance, an occupation period of one hundred and eighty or more days, the The managing body shall also enter the social security contributions corresponding to the retirement contingency for a period of 60 days from the date on which the entitlement to the unemployment benefit is born.

4. For the purposes of determining the quotation of the assumptions referred to in the preceding paragraphs, the minimum contribution ceiling in force shall be taken as a basis for each moment.

Article 219. Dynamics of the right.

1. The right to unemployment benefit is born from the day following the date of the withdrawal of the one-month waiting period laid down in Article 215 (1) or, after the same period of time, from the exhaustion of the special allowance for the period of over forty-five years, except in the following cases:

(a) The allowance provided for in Article 215 (1.2) is born from the day following that of the legal situation of unemployment, except in the case of termination of employment, in which case the right will be born from the day on following the three-month waiting period referred to in Article 209 (3), which has been counted from the legal status of unemployment.

(b) The special allowance for more than forty-five years, provided for in Article 215 (1.4), is born from the day following the end of the extinction of the recognised unemployment benefit.

To do so, it will be necessary, in all cases, that the subsidy be requested within 15 days of the dates mentioned above. In another case, the right shall be born from the day following that of his application, the duration of which shall be reduced in so many days as medien between the date on which the birth of the right would have taken place, the time and form of the application, and the the application would have actually been made.

2. The rules on suspension and termination laid down in Articles 212 and 213 shall apply to the unemployment allowance.

3. Acceptance of a work of less than 12 months ' duration during the waiting period shall not affect the right to obtain the allowance, which shall be suspended until the end of the period.

CHAPTER IV

Benefits Regime

Article 220. Automatic entitlement to benefits.

The competent management entity shall pay unemployment benefits in cases where the obligations of affiliation, discharge and listing are not met, without prejudice to the actions which it may take against the undertaking. the offender and the liability for the benefits paid.

Article 221. Incompatibilities.

1. The benefit or the unemployment benefit shall be incompatible with self-employment, even if it does not involve compulsory inclusion in one of the social security schemes, or with the work of an employed person, except for where it is carried out on a part-time basis, in which case the amount of the benefit or allowance is deducted from the proportion of the time worked.

2. They shall also be incompatible with the provision of pensions or economic benefits for social security, unless they have been compatible with the work of the unemployment benefit.

Article 222. Unemployment and temporary incapacity for work.

1. Where the worker is in a situation of temporary incapacity for work and during which his contract is terminated, for any of the reasons provided for in Article 208 (1), he shall continue to receive the incapacity for work (a) transitional period until such a situation is extinguished, then to the legal status of unemployment and, if it meets the necessary conditions, the corresponding benefit. In this case, the period of receipt of the unemployment benefit shall not be deducted as long as it has remained in a situation of temporary incapacity for work.

2. Where the worker is receiving the total unemployment benefit and passes on to the situation of temporary incapacity for work, he shall receive the benefit of the latter in the amount equal to the unemployment benefit, except in the case of the temporary incapacity for work was higher, in which case the latter will receive the latter. The period of receipt of the unemployment benefit shall not be extended by the fact that the worker is subject to temporary incapacity for work. During that situation, the unemployment benefit management body shall continue to satisfy the social security contributions as provided for in Article 206 (1) (b).

CHAPTER V

Financial system and performance management

SECTION 1. FINANCIAL SYSTEM

Article 223. Funding.

1. The protective action referred to in Article 206 of this Law shall be financed by the contribution of employers and workers and the contribution of the State.

2. The amount of the State's contribution will be fixed in the corresponding State General Budget Law each year.

Article 224. Base and type of quotation.

The contribution base for the unemployment contingency, in all Social Security Regulations that have the same coverage, will be that corresponding to the contingencies of accidents at work and occupational diseases. The rate applicable to that base shall be that laid down for each year in the corresponding State General Budget Law.

Article 225. Collection.

Unemployment fees, as long as they are collected in conjunction with the Social Security contributions, will be settled and entered in the form, terms and conditions established for the latter.

SECTION 2. PERFORMANCE MANAGEMENT

Article 226. Managing entity.

1. It is for the National Employment Institute to manage the functions and services arising from unemployment protection benefits and to declare recognition, suspension, termination and resumption of benefits, without prejudice to The competent authorities of the Labour Administration in the field of penalties shall be recognised.

2. Companies shall collaborate with the managing body, assuming the payment by a proxy of the unemployment benefit in the cases and under the conditions which are determined.

Article 227. Repayment of undue payments.

1. It is for the competent managing body, both on a voluntary basis and on an executive basis, to demand the return of the benefits unduly paid by the employees and the reimbursement of the benefits of which the payment is directly responsible for the employer.

2. To this end, the managing body may arrange the services it deems appropriate with the General Treasury of Social Security or with any of the Public Administrations.

Article 228. Payment of benefits.

1. The managing body shall issue a reasoned decision, recognising or denying the right to unemployment benefits, within 15 days of the date on which the application was made in time and form.

2. The payment of the benefit shall be made by the managing body or by the undertaking itself, in the cases and under the conditions which are determined.

3. Where it is established by a programme for the promotion of employment, the managing body may pay the current value of the amount of the contribution, corresponding to the period to which the worker is entitled, to the current value of the contribution. the quotes made.

Article 229. Performance control.

Without prejudice to the powers of the competent services in respect of inspection and control in order to sanction infringements which may be committed in the perception of unemployment benefits, it is for the institution managing to monitor compliance with what is set out in this Title and check fraud situations that may be committed.

CHAPTER VI

Obligations, Violations, and Sanctions Regime

Article 230. Obligations of employers.

It's business obligations:

a) Listing for the business contribution to the unemployment contingency.

b) Enter your own contributions and those of your employees as a whole, being responsible for the fulfilment of the contribution obligation.

(c) Provide documentation and information that are regulated for the purposes of recognition, suspension, termination or resumption of entitlement to benefits.

d) Deliver the company certificate to the worker, in the time and form that they regulate are determined.

(e) To grant to the competent management body the benefits paid to the workers when the Company has been declared liable for the performance for having failed to fulfil its membership obligations, high or quote.

(f) Proceed, where appropriate, to the payment of the unemployment benefits by delegate.

Article 231. Obligations of employees.

They are workers ' obligations:

a) Listing for the contribution corresponding to the unemployment contingency.

b) Provide documentation and information that are regulated for the purposes of recognition, suspension, termination or resumption of entitlement to benefits.

(c) Participate in vocational training actions and in temporary social collaboration work to be determined by the National Employment Institute and to accept the appropriate placement offered by the Employment Office.

d) Renew the demand for employment in the form and dates in which it is determined by the managing body in the demand renewal document and appear when it has been previously required before the managing body.

e) Request the reduction in unemployment benefits when situations of suspension or termination of the right occur or are no longer meeting the requirements for their perception.

f) Reintegrate the improperly perceived capabilities.

(g) Return to the National Employment Institute within five days the appropriate supporting evidence to have appeared at the place and date indicated to cover the job vacancies to be provided by the Institute.

Article 232. Infringements and penalties.

The provisions of this Title and of Law 8/1988 of 7 April on Infractions and Sanctions of Social Order will be in the field of violations and sanctions.

Article 233. Resources.

The decisions of the competent management body concerning the recognition, refusal, suspension or termination of any of the unemployment benefits shall be brought before the courts of the social order.

CHAPTER VII

extra law

Article 234. Extra duty.

As expressly stated in this Title, the two preceding titles of this Law will be subject to the provisions of this Title.

Additional disposition first. Protection of migrant workers.

1. The Government will take the necessary measures to ensure that the protective action of the Social Security is extended to the Spaniards who are transferred to a foreign country for reasons of work and to the relatives who are in charge or under their dependency.

To this end, the Government will provide as much as is necessary to guarantee to migrants the equality or assimilation with the nationals of the country of reception in the field of Social Security, directly or through the agencies competent intergovernmental bodies, as well as through the ratification of international labour conventions, the accession to multilateral conventions and the conclusion of treaties and agreements with the recipient states.

In cases where there are no Conventions or, for any reason or circumstance, these do not cover certain social security benefits, the Government shall, by means of the corresponding provisions, extend its protective action. in the field both emigrants and their relatives resident in Spain.

2. Accidents occurring during the journey of departure or return of migrants in the operations carried out by the Directorate-General for Migration, or with their intervention, shall be considered as accidents at work, provided that the conditions which are determined to be determined shall be met, to the effect that such a management centre shall establish with the Administration of Social Security the relevant concerts for the protection of this contingency. The economic benefits corresponding to the accident, in accordance with the provisions of this paragraph, shall be compatible with any other compensation or benefits to which it may be entitled.

Equal consideration will have the diseases that have their direct cause on the journey back or forth.

Additional provision second. Protection of disabled workers.

The disabled workers employed in the special employment centres will be included in the corresponding Social Security Scheme. The Government will dictate the specific rules of its working and social security conditions, in the interest of the peculiar characteristics of its work activity.

Additional provision third. Inclusion in the Social Security of high-level athletes.

The government, as a measure to facilitate the full social and professional integration of high-level athletes, will be able to establish the inclusion of those in the Social Security system.

Additional provision fourth. Modalities for the integration of worker and worker partners in cooperatives.

1. The working partners of the associated Working Cooperatives shall enjoy the benefits of the Social Security, with the possibility of opting for the cooperative in the following ways:

(a) As assimilated to employed persons. Such cooperatives shall be integrated into the General Regime or any of the Special Social Security Regulations, as appropriate, in accordance with their activity.

b) As self-employed workers in the appropriate Special Regime.

Cooperatives will exercise the option in the Statutes, and will only be able to modify the option in the assumptions and conditions that the Government establishes.

2. The working partners of the Community Operating Cooperatives of the Earth, as well as the working partners referred to in Article 30 of Law 3/1987, of April 2, General of Cooperatives, for the purposes of Social Security, will be, in all case, assimilated to employed persons.

3. In any event, they shall not apply to the Associated Work Cooperatives, the Community Operating Cooperatives of the Earth or the working members of the Land, the rules on the contribution of the Guarantee Fund and the contribution of the Guarantee Fund. Salary.

4. Until such time as the professional collective of the Medical Colleges or Associations of Doctors in the Social Security system is included, according to the provisions of Royal Decree 2504/1980 of 24 October, the provisions of the Paragraph 1 of this additional provision shall not apply to professionals integrated in such colleges or associations which are worker partners of the health cooperatives referred to in Article 144 (3) of the Law 3/1987, of 2 April, General of Cooperatives.

5. The Government is authorized to regulate the scope, terms and conditions of the option provided for in this provision, as well as, where appropriate, to adapt the rules of the Social Security Regulations to the peculiarities of the activity. cooperative.

Additional provision fifth. Social security scheme for insured persons providing services in the administration of the European Communities.

The insured person who would have been within the personal coverage of the Social Security system who is a member of the administration of the European Communities and who chooses to exercise the right to grants Article 11 (2) of Annex VIII to the Staff Regulations of Officials of the European Communities, adopted by Council Regulation (EEC) No 259/1968 of 29 February 1968, as amended by Regulation (EEC) No 571/1992, The Council, of 2 March 1992, shall be excluded from the protective action of that system in the concerning the retirement pension, once the transfer to the Communities referred to in the Staff Regulations has been carried out.

Notwithstanding the above paragraph, if the person concerned ceases to provide services in the Administration of the Communities, he/she shall return to Spain, carry out an employment activity for an employed or self-employed person, the new inclusion in the system of social security and shall exercise the right conferred by Article 11 (1) of Annex VIII to the said Staff Regulations of Officials of the Communities, after the corresponding entry into the General Treasury of Social Security, at the time of entitlement to the retirement pension in the system shall be taken into account for the time it has spent at the service of the Communities.

Additional provision sixth. Protection of apprentices.

The protection of the apprentice will only include occupational accident and occupational diseases, health care by common contingencies, economic benefit for periods of rest by maternity and pensions.

Additional provision seventh. Rules applicable to part-time contract workers.

1. In the case of part-time contract workers, the basis for social security contributions and other contributions to be collected jointly with the latter shall be the remuneration actually paid on the basis of the hours worked.

Every hour of work that is performed on the ordinary working day in the part-time contract, will be considered extraordinary time.

2. For the purposes of determining the periods of contribution and the calculation of the basis for the provision of social security benefits, including unemployment benefits, the hours or days actually worked shall be taken into account only. The form of calculation of the required trading days, as well as of the periods in which they are to be included, shall be determined.

3. In the case of workers whose effective provision of services is less than 12 hours per week or forty-eight per month, the protection rights shall include only the contingencies of occupational accidents and occupational diseases, health care by common contingencies and the economic benefit corresponding to periods of maternity leave.

Additional disposition octave. Rules applicable to Special Regiments.

1. The provisions of Articles 138, except as provided for in the last subparagraph of paragraph 2 and in paragraph 5 of paragraph 5; Article 140 (1), (2) and (3); (161), (1) (b), (4) and (5); (162), (2) and (3); (4), (2) and (3); (176), (4), (177) and (1); Second paragraph, and in the rules on benefits for dependent child, in their contributory modality, contained in Chapter IX of Title II of this Law, shall apply to all the Regimenes that integrate the system of Social Security.

2. In the Special Regime for Coal and Coal Mining and for workers employed by the Special Agricultural and Workers ' Regimes of the Sea, the provisions of Articles 140 (4) and 162 (1) of this Regulation shall also apply. Law, in the field of integration of quotation gaps.

3. The provisions of Article 166 of this Law shall apply, where appropriate, to the employed persons of the Special Regiments.

Additional provision ninth. Validity, for the purposes of the benefits, of the quotas prior to the discharge in the Special System of Social Security of Workers for the Account of Own or Self-Employed.

When, meeting the requirements to be included in the Special System of Social Security of Workers for Account Own or Autonomy, the mandatory high in the terms of regulation would not have been requested (a) the charges payable in respect of periods prior to the completion of the discharge shall have effect on the benefits, once they have been entered with the surcharges which are legally applicable.

Without prejudice to administrative penalties arising from their non-term income, such contributions shall also give rise to the accrual of interest, which shall be payable from the date on which they were due. entered, in accordance with the legal interest rate of the money in force at the time of payment.

Additional provision 10th. Rules for the calculation of the retirement pension in the Special Workers ' Regime for Own or Self-Employed.

The amount of the retirement pension in the Special Scheme of Workers for the Own or Autonomous Account shall be determined by applying to the regulatory base the percentage that is obtained according to the scale established for the Regime General, based solely on the actual contribution years of the beneficiary.

Additional provision eleventh. Formalisation of the coverage of the economic benefit due to temporary incapacity for work.

The self-employed persons who have chosen to include, within the scope of the protective action of the corresponding Social Security Scheme, the economic benefit due to temporary incapacity for work, may choose between formalize the coverage of that benefit with the relevant managing body, with a Mutual of Occupational Accidents and Occupational Social Security Diseases or with Social Security Mutual Insurance, in the terms and conditions that are determine regulentarily.

Additional disposition twelfth. University professors emeritus.

The incompatibility referred to in Article 165 (2) of this Law will not be applicable to the university teachers who are in need.

Additional disposition thirteenth. Pensions of the Compulsory Old-age and Invalidity Insurance.

The amount of the pensions of the Compulsory Old-age and Invalidity Insurance, concurrent or not with other public pensions, will be the one set out in the corresponding State General Budget Law.

Additional disposition fourteenth. Duration of the unemployment benefit in the reconversion and reindustrialisation processes.

Article 210 (1), in respect of the duration of the unemployment benefit, shall be without prejudice to the legal provisions relating to conversion and reindustrialisation.

Additional provision 15th. Unemployment contribution in the Special Regime of Sea Workers

Without prejudice to the provisions of Article 224, the basis for unemployment in the Special Regime for the Workers of the Sea shall also apply to the provisions of Article 19 (6) of the recast text. of Laws 116/1969 of 30 December 1969 and 24/1972 of 21 June 2001 regulating the Special Regime for the Social Security of Workers of the Sea, adopted by Decree 2864/1974 of 30 August 1974 and in the rules for the development of the precept.

Additional provision sixteenth. Unemployment coverage for paid workers to the party.

employed persons paid to the party who provide services in fishing vessels of up to 20 tonnes of gross registration, excluding those treated as referred to in Article 4 of the recast text of the Laws 116/1969 of 30 December, and 24/1972 of 21 June, governing the Special Scheme for the Social Security of Workers of the Sea, adopted by Decree 2864/1974 of 30 August 1974, shall be entitled to unemployment benefits in the terms covered by this Law and its regulatory standards.

Additional 17th disposition. Unemployment of port stowage workers.

From 1 January 1994, to port stowers providing services in ports of general interest where the corresponding state stowage and esestiba society has not been constituted, or at ports not (a) classified as of general interest in which the provisions of Article 1 (2) of Royal Decree-Law No 2/1986 of 23 May 1986 on public service of stowage and desestiba of ships have not been complied with, shall be recognised as being in the interest of unemployment in accordance with the provisions of this Law.

To this end, at the time when the recognition of the right is first carried out, in accordance with the provisions of the preceding paragraph, it shall be presumed that such workers have a listed occupation period of two years. one hundred and sixty days.

18th additional disposition. Management of non-contributory pensions.

1. Without prejudice to the provisions of Article 57 (1) (c), invalidity and retirement pensions, in their non-contributory forms, may be managed, where appropriate, by the statutory autonomous communities, to which the services of the National Institute of Social Services have been transferred.

2. The Government is authorized to establish with the Autonomous Communities those who have not been transferred the services of the National Institute of Social Services to its territory, the appropriate concerts, in order to non-contributory Social Security can be managed by those.

3. Invalidity and retirement pensions, in their non-contributory forms, will be integrated into the Public Pension Data Bank, which is regulated by Royal Decree 2566/1985 of 27 December, which was established at the National Institute of Social security and managed by that body.

To this end, the entities and bodies which manage invalidity and retirement pensions, in their non-contributory forms, will be obliged to report to the National Social Security Institute the data which, the pensions which they have granted, shall be established in a regulated manner.

Additional 19th disposition. Social Institute of the Navy.

The Social Institute of the Navy will continue to carry out the functions and services it has entrusted in relation to the management of the Special Regime of the Social Security of the Workers of the Sea, without prejudice to the other which is attributed to it by its regulatory laws and other relevant provisions.

320th additional disposition. Consideration of the services provided in the second place or activity to the Public Administrations.

In the cases of compatibility between public activities, authorized under Law 53/1984, of December 26, of Incompatibilities of Personnel to the Service of Public Administrations, the services provided in the Second place or activity may not be taken into account for the purpose of pensions of the Social Security system, in so far as they exceed the benefits corresponding to any of the positions compatible with the system of working time ordinary. The contribution may be adapted to this situation in the form that it is regulated.

Additional twenty first disposition. Contribution and collection of contributions to the Salarial Guarantee Fund and to vocational training.

1. The contribution basis for determining contributions to the Wage Guarantee Fund and for vocational training, in all Social Security Regulations in which there is an obligation to carry them out, shall be the same as for contingencies. of accidents at work and occupational diseases. The rates of contribution shall be those laid down for each year in the corresponding State General Budget Law.

2. The contributions to the Salarial Guarantee Fund and to vocational training, as long as they are collected in conjunction with the Social Security contributions, shall be settled and entered in the form, terms and conditions laid down for the latter.

Additional twenty-second disposition. Proceeds from the sale of goods and services provided to third parties.

1. The nature of Social Security resources shall not be those resulting from the following attention, benefits or services:

1. The revenue referred to in Articles 16.3 and 83 of Law 14/1986 of 25 April, General of Health, originating from the health care provided by the National Institute of Health, in direct management to the users without the right to health care for social security, as well as in the case of private compulsory insurance and in all cases, whether insured or not, in which a third party is required to pay.

2. Sale of products, waste materials or medical or non-sanitary products, not inventorable, resulting from the activity of the health centres in the cases where such activities may be carried out under the General Law of Health, Drug Law and other health provisions.

3. Income from the provision or provision of services of a non-strictly welfare nature.

4. Income from agreements, grants or donations made up of finalists or altruists, for the carrying out of research and teaching activities, the promotion of transplants, blood donations, or other similar activities. Revenue corresponding to Special Programs financed from the budgets of the Ministerial Departments shall not be included.

5. In general, all other income corresponding to care or health services that do not constitute Social Security benefits.

2. The Ministry of Health and Consumer Affairs shall fix the price and tariff arrangements for such services, services and services, on the basis of their estimated costs.

3. Revenue Destination:

1. The revenue referred to in the preceding paragraphs shall generate credit for the total amount and shall be used to cover operating expenses, other than remuneration of staff, and investment in the replacement of health institutions. how to meet the relevant health and care goals.

2. The distribution of such funds will respect the destination of aid or donations.

3. These resources will be claimed by the National Institute of Health, in the name and on behalf of the General Administration of the State, for its entry into the Public Treasury. The Public Treasury, for the amount of the credit generations approved by the Minister of Health and Consumer Affairs, will carry out the transfers corresponding to the accounts that the General Treasury of Social Security has open, to these effects, for each health center.

33rd additional disposition. Competence in matters of expenditure authorisations.

The responsibilities of the Ministry of Labour and Social Security in matters of expenditure authorizations shall be exercised by the Ministry of Health and Consumer Affairs in relation to the management of the National Institute of Health.

In turn, and in relation to the management of the National Institute of Social Services, the Ministry of Social Affairs will be responsible for the authorization of expenditure for those items to be financed by the Ministry of Social Services. State Budget finalists contributions.

Twenty-fourth additional disposition. Special schemes excluded from the application of the rules on inspection and collection.

The provisions of this Law on the inspection and collection of Social Security shall not apply to the Special Regimes of Civil Servants of the State, Armed Forces and Officials at the service of the Administration of Justice, as long as no other thing is available by the Government.

First transient disposition. Transitional rights arising from the legislation before 1967.

1. The benefits of the General Regime caused before 1 January 1967 will continue to be governed by the previous legislation. The same rule shall apply in respect of the benefits of the Special Regims which are caused before the date on which the effects of each of them are initiated, which shall take place in the manner provided for in paragraph 3 of the the final provision of the Social Security Act of 21 April 1966.

Provision shall be deemed to be the benefit to which the beneficiary is entitled to have incurred the contingencies or situations which are the subject of protection and to be in possession of all the conditions governing his or her right, even if you had not already exercised it.

2. Revisions and conversions of pensions already caused by virtue of the provisions of that legislation will also continue to be governed by the previous legislation.

3. Voluntary improvements in social security benefits established by undertakings in accordance with the previous legislation shall be subsist, without prejudice to any variations that may be necessary to adapt them to the rules of this Law.

4. Those who, in accordance with Article 21 of the General Regulation of Labour Mutualism of 10 September 1954, have the status of mutualists, shall keep it and continue to be governed by that Regulation for all purposes. General, without alteration of the rights and obligations arising out of their respective contract.

Second transient disposition. Contributions made in previous schemes.

1. The contributions made in the previous Unified Social Insurance, Unemployment and Labour Mutualism schemes shall be counted for the benefit of the benefits of the General Social Security Scheme.

2. The data on contributions in the Social Security Administration may be challenged before it and, where appropriate, before the courts of the social order. Official listing documents which have been completed by the collecting offices in their day shall constitute the only means of proof admissible for such purposes.

3. The detailed rules for the application and development of this Law shall lay down the specific rules for calculating the contributions made in the previous old-age and invalidity insurance schemes and for employment mutualism in order to determine the number of years of the contribution to which the amount of the retirement pension laid down in this Law depends.

Those rules will determine a computer system that must conform to the following principles:

(a) Take as a basis the contributions actually made during the seven years immediately preceding 1 January 1967.

(b) Produce, with general criteria and on the basis of the number of days quoted in the indicated period, the number of years of contributions, prior to the date referred to in paragraph (a), attributable to each worker.

(c) Ponderate the dates on which the old age and retirement pension schemes were introduced and the age of the workers on 1 January 1967.

(d) Allow workers, who on the date referred to in paragraph (a) to have more advanced ages, to access, where appropriate, at the age of sixty-five years of age, at pension levels which could not be reached the years of existence of the repealed schemes.

Transitional provision third. Application of previous legislation to cause the right to a retirement pension.

1. The right to retirement pensions shall be governed by the General Regime in accordance with the following rules:

1. The provisions for the application and development of this Law shall govern the possibilities of choice, as well as the rights which, where appropriate, may be recognised in the General Regime to those workers who, before 1 January 1967, they are included in the field of application of the Insurance of Old Age and Invalidity, but not in Labor Mutualism, or vice versa.

2. Those who had the status of a mutualist on 1 January 1967 and who had completed the age of 50 years of age may be entitled to a retirement pension from the age of 60. In such a case, the amount of the pension shall be reduced by way of regulation, by weighting the actual retirement age in relation to the general pension laid down in Article 161 (1) (a

.

The Ministry of Labor and Social Security is empowered to develop the assumptions provided for in the preceding paragraph, who must update the conditions outlined for them.

2. Workers who, together with all the requirements for the recognition of the right to a retirement pension on the date of entry into force of Law No 26/1985 of 31 July, would not have exercised it, will be eligible for the legislation. prior to obtaining the pension under the conditions and amount to which they were entitled on the day before the entry into force of that Law.

3. In addition, those workers who were recognised before the entry into force of Law No 26/1985 of 31 July, equivalent to early retirement, determined on the basis of their future pension, may benefit from the above legislation. (a) the retirement of the Social Security system, either under the scheme for the conversion of undertakings, approved under Law 27/1984 of 26 July, and 21/1982 of 9 June, or under the appropriate authorization of the Ministry of Social Security, Work and Social Security, within the forecasts of the corresponding programmes that came developing the extinct Administrative Unit of the National Fund for the Protection of Work, or of the employment support programmes approved by the Order of that Ministry of 12 March 1985.

The right set out in the preceding paragraph will also reach those workers who are covered by reconversion plans already approved for the entry into force of Law 26/1985 of 31 July, in accordance with the rules cited in the This paragraph, even if the aid equivalent to early retirement is not yet individually requested.

Transitional disposition fourth. Gradual application of the periods of contribution required for the retirement pension.

1. For workers employed by the General Regime, the Special Regiments of Coal, Agrarian and Sea Mining, and the extinguished of Ferroviarios, the minimum period of levy payable for the right to retirement shall be that which results from adding to the minimum period laid down in the legislation preceding the entry into force of Law No 26/1985 of 31 July 1985, half of the time between that date of entry into force and the date of the event causing the retirement, until the period thus determined shall be fifteen years.

2. The minimum period of levy payable to cause the right of retirement to those who, at the time of the entry into force of Law No 26/1985 of 31 July, were satisfied with the age of sixty or more years and were included in the Special ones of Autonomos, Employees of the Home, or in the extinguishing of Artists, Trade Representatives, Toreros and Writers of Books, or, as self-employed workers, in the Special Agricultural and Sea Regimes, will be the one to add the minimum period required in the previous legislation for the period of time which, at that time, will be lacking for to be sixty-five years old.

3. The provisions of the preceding paragraphs shall not apply to those applying for a retirement pension without being in high or in a situation similar to that of discharge.

Transient disposition fifth. Transitional rules on the basis of the retirement pension.

Article 162 (2), (3), (4) and (5) of this Law shall not apply to pensions caused before 1 September 1981.

Transitional disposition sixth. Incompatibilities of non-contributory benefits.

1. The condition of the beneficiary of the non-contributory form of the pensions of the Social Security will be incompatible with the perception of the care pensions, regulated in the Law of 21 July 1960 and abolished by Law 28/1992, of 24 November, as well as of the subsidies referred to in the eleventh transitional provision of this Law.

2. The perception of the economic allocations per disabled child, as laid down in Article 185 (2), (b) and (c) of this Law, shall be incompatible with the condition, on the part of the disabled child, of the pension beneficiary. aid, which is governed by the Law of 21 July 1960 and abolished by Law 28/1992 of 24 November, or of the subsidies referred to in the transitional provisions of this Law.

Transitional disposition seventh. Benefits of the Compulsory Old-age and Invalidity Insurance.

Who, on 1 January 1967, whatever their age at that date, had the period of quotation required by the extinguished Old Age and Invalidity covered or which, in their absence, had been affiliated with the Compulsory Workers ' Retirement Scheme shall retain the right to cause the benefits of the first such Insurance, in accordance with the conditions laid down by the legislation of that Insurance, and provided that the persons concerned are not entitled to any pension in charge of the schemes which make up the system of social security; between such pensions They shall be understood to include those corresponding to the replacement entities to be integrated into that system, in accordance with the provisions of the transitional provisions of this Law.

Transient disposition octave. Integration of surrogate entities.

The Government, on a proposal from the Ministry of Labor and Social Security, will determine the manner and conditions in which they will be integrated into the General Social Security Regime, or in any of its Special Regiments, those groups. (a) in the case of non-integrated replacement entities which, in accordance with the provisions of this Law, are included in the field of application of the social security system. The rules to be laid down shall contain the provisions of an economic nature which compensate, in each case, for the form of integration.

transient disposition ninth. Non-replacement entities pending integration.

Social Security Entities that do not have the legal consideration of Social Security substitutes and whose collectives are included in the field of application of Social Security, but have not been integrated into the Corresponding Social Security, will be subject to Law 33/1984, of 2 August, on the Management of Private Insurance, and such collectives will retain their current regime of framing as long as such integration does not occur.

Transient disposition tenth. Situation treated as high in conversion processes.

1. During the period of receipt of the aid equivalent to the early retirement provided for in Law 27/1984 of 26 July on Reconversion and Reindustrialisation, the beneficiary will be considered to be in a situation treated as high in the (a) the social security scheme, and shall continue to be listed in accordance with the rate laid down for the general contingencies of the scheme in question. To this end, the average remuneration which has been used for determining the amount of the aid equivalent to early retirement shall be taken as the basis for the contribution, with the annual update coefficient laid down by the Ministry of Work and Social Security, so that, when the general retirement age is met, the beneficiary can access the pension with full rights.

2. The contributions to be made by undertakings or the funds for the promotion of employment, both for the financing of aid equivalent to early retirement and for the purposes of the preceding paragraph, may be equated for the purposes of collection, to the Social Security contributions.

Transient disposition eleventh. Survival of economic benefits of the Law on the Social Integration of the Disabled.

1. Those who, at the entry into force of Law No 26/1990 of 20 December 1990, have been granted the right to the guarantee of minimum income and third-party aid, provided for in Law 13/1982 of 7 April, and abolished by the In addition, the Commission shall, in accordance with Article 1 (1) of Regulation (EC) No Regulation of the European Union and of the European Union, of the European Union and of the European Union, of the European Union and of the European Union. be subject to the provisions of the sixth transitional provision of this Law.

2. Without prejudice to the provisions of the preceding paragraph, the rules laid down in the specific legislation in respect of the amounts to be paid by the beneficiaries of the minimum income guarantee allowance, served in public or private institutions, shall be abolished, irrespective of the participation of the beneficiaries of this allowance in the cost of the stay, in accordance with the general rules applicable to the financing of such centres.

Transient Disposition twelfth. Debts to the Social Security of football clubs.

1. In the framework of the Convention on the Sanitation of Professional Football, which refers to the additional provision of Law 10/1990 of 15 October of 15 October, the Professional Football League will assume the payment of the debts with the Social Security 31 December 1989, of which the football clubs who have signed the relevant special agreements with the Professional League shall be released.

The debts expressed in the previous paragraph are understood to be those of those clubs which, in the years 1989/1990 and 1990/1991, participated in official competitions of the First and Second Division A of football.

2. Likewise, in order to meet the commitments made in the 1985 Sanitation Plan, the Professional Football League will assume the payment of the debts with the Social Security referred to those other Clubs included in the Plan and not referred to in the second subparagraph of the previous paragraph, which were due prior to that plan and which were pending payment at 31 December 1989.

3. In the event of a total or partial non-payment by the Professional League of the debts referred to in the preceding numbers, the guarantees referred to in paragraph 3 of the third transitional provision of Law 10/1990 of 15 October of the Sport shall be implemented, on the basis of a prize, by the bodies responsible for collecting social security, with the amount obtained in proportion to the unpaid debts being charged.

4. In the framework of the Sanitation Convention, once assumed by the National Professional Football League, the debts of the football clubs which, by all concepts, they have contracted with the Social Security, will be able to agree their fractionation of payment for a maximum period of 12 years, subject to the provisions of Articles 39 and following of the current General Regulation on the Collection of Social Security System Resources.

Payments shall be made by half-yearly redemptions, due to the deferred amounts for the corresponding late payment interest which shall be entered in the last period of each deferred debt.

transient disposition thirteenth. Concerts for the collection.

The ability to arrange collection services, granted by Article 18 to the General Treasury of Social Security, will continue until a system of unified collection for the State and Security is organized. Social.

Single repeal provision. Regulatory repeal.

The provisions of this Law and, in an express manner, the following shall be repealed:

(a) Decree 2065/1974 of 30 May 1974, approving the recast text of the General Law on Social Security:

1. Chapters I, II, III, IV, VI, VII, with the exception of Article 45, VIII and IX and Articles 24, 25, 30, 31 and 32 of Chapter V, all of Title I.

2. Chapters I, II, III, V, VI, VII, VIII, IX, X, XIII, XIV and XV and Articles 181 to 185 and 191 and 192 of Chapter XII, all of Title II.

3. The final provisions.

4. The additional provisions.

5. The first, second, third and seventh transitional provisions, paragraph 4 of the fifth, and paragraphs 1 to 3 and 5 to 8 of the sixth.

(b) From Royal Decree-Law 36/1978 of 16 November on Institutional Management of Social Security, Health and Employment:

1. Article 1 (1) and Article 3.

2. Paragraphs 1 and 2 of the third final provision.

3. The second and third additional provisions.

(c) Of Law 8/1980 of 10 March of the Staff Regulations: the additional provision seventh.

d) Law 40/1980, of 5 July, of Inspection and Collection of Social Security.

e) Royal Decree-Law 10/1981 of 19 June on Inspection and Collection of Social Security.

(f) Royal Decree-Law 13/1981 of 20 August on the determination of the statutory basis for the retirement pension in Social Security.

g) Law 13/1982 of 7 April on the Social Integration of the Disabled:

1. Article 44.

2. The fourth and fifth final provisions.

(h) Of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service: paragraph 2 of the third provision third.

i) Law 31/1984 of 2 August of Protection for Unemployment, amending Title II of Law 51/1980 of 8 October.

j) Of Law 33/1984, of 2 August, on the Management of Private Insurance: the eighth transitional provision.

(k) Law 53/1984 of 26 December 1984 on the Incompatibilities of Personnel in the service of the Public Administrations: Article 7 (3

.

l) Law 26/1985 of 31 July of Urgent Measures for the Rationalization of the Structure and of the Social Security Protective Action.

m) Of Law 3/1987, of 2 April, General of Cooperatives: the fourth provision fourth.

n) Of Law 33/1987, of 23 December, of General Budget of the State for 1988: Article 13.

(n) of Law 37/1988 of 28 December 1989 of the General Budget of the State for 1989: Articles 13 and 23 and Article 24 (2) and (5

.

(o) Law 3/1989 of 3 March, extending to sixteen weeks maternity leave and establishing measures to promote equal treatment of women at work: the additional provision.

p) Of Royal Decree-law 3/1989, of 31 March, of Additional Measures of Social Character:

1. Article 21.

2. The additional provision second.

(q) Of Law 4/1990, of 29 June, of the General Budget of the State for 1990:

1. Article 18 (1) and (2).

2. The additional disposition fourteenth.

r) Law 26/1990, of 20 December, establishing in the Social Security Non-Contributory Benefits.

s) Of Law 31/1990, of 27 December, of General Budget of the State for 1991:

1. Article 105 (2).

2. The additional provision tenth.

t) Of Law 31/1991, of 30 December, of General Budget of the State for 1992: Article 50.

(u) Of Law 22/1992, of July 30, of urgent measures on the promotion of employment and unemployment protection: the additional provision sixth.

v) Of Law 39/1992, of 29 December, of General Budget of the State for 1993:

1. Article 19.

2. The additional disposition twelfth.

(w) Of Law 22/1993 of 29 December 1993 on fiscal measures, of reform of the legal system of civil service and of unemployment protection:

1. Article 39.

2. The additional 10th and 11th provisions.

3. Paragraph 2 of the second final provision.

x) Of Law 21/1993, of 29 December, of General Budget of the State for 1994:

1. Article 11 (3), Article 19 and Article 104 (4), paragraph 4.

2. The fifth, sixth and 20th additional provisions.

and) Law 10/1994 of 19 May on Urgent Measures to Promote the Occupation: Paragraph 5 of the second provision second.

Final disposition first. Application of the Law.

The regulation contained in this Law will be applicable in general under the provisions of Article 149.1.17 of the Constitution, except for aspects relating to the exercise of powers and the organization of the services in the Autonomous Communities which, in accordance with their Statute of Autonomy, have assumed powers in the regulated field.

Final disposition second. Powers of other ministerial departments.

The powers conferred on the Ministry of Labour and Social Security in this Law shall be without prejudice to those which, in relation to the various matters contained therein, may correspond to other departments. ministerial.

Final disposition third. Data input to the managing entities.

The way in which the data that they require for the performance of their duties will be transmitted to the Entities in charge of the management of the pensions of the Social Security.

Final disposition fourth. Accommodation of the rules on retirement pension for age reduction.

The government, on a proposal from the Ministry of Labor and Social Security, will accommodate the current legislation on retirement pension in the Social Security system for the purpose of implementing the provisions of Article 166 of the This Law and those other cases in which the age laid down in general in order to be entitled to such a pension must be reduced in the development of measures to promote employment, provided that they lead to the replacement of some of the retired workers for others in the situation of the unemployed.

Final disposition fifth. Government ratings on unemployment protection.

1. The government will be able to extend the coverage of unemployment contingency to other collectives.

2. The Government is hereby authorized to amend the scale provided for in Article 210 (1) of this Law and the amount and duration of the unemployment allowance, subject to the General Council of the National Employment Institute, on the basis of the unemployment rate and the possibilities of the financing scheme.

3. The Government is also empowered to extend to other workers ' groups the provisions of Article 218 (3) of this Law.

Final disposition sixth. Effects of changes in the field of unemployment protection.

as provided for in paragraph 1.1 (b) of Article 206 (g), in Article 208 (1) (g), in Article 211 (3), in Article 214 (1), (2) and (4), in the first subparagraph of paragraph 1.1, and in Article 215 (2), and in Article 217 (1), it shall not apply to the legal situations of unemployment which have occurred before 1 January 1994 and to unemployment benefits born before the same date, which shall not apply to continue to be governed by the rules in force at the time of their occurrence.

Final disposition seventh. Regulatory development.

The Ministry of Labour and Social Security is empowered to lay down the rules for the application and development of this Law and to propose to the Government for its approval the General Regulations of the Law.