Key Benefits:
In the light of the forecasts contained in Title IV of Law 21/1993 of 29 December 1993 on the General Budget of the State for 1994, this Royal Decree establishes, for that financial year, that the Passive classes, whatever their regulatory legislation, will experience an increase of 3.5 per 100, in respect of the amounts corresponding to 31 December 1993, with the exception of certain benefits which, as in years do not be revalorized.
Likewise, the Royal Decree regulates, on the one hand, everything relating to the rules and procedures for carrying out the said revaluation and, on the other, the system of granting the economic complements, provided for in that Law, in order to ensure, at all times, an adequate level of income for those who do not reach the minimum amounts established for this year.
For their part, in the additional provisions, certain aspects related to other benefits paid also from the appropriations of Section 07 of the Budget of State Expenditure are regulated, including to highlight the application of the supplements to minimum to groups not included in the general legislation of passive classes, as well as the reevaluation of the social aid of those affected by the Human Immunodeficiency Virus (HIV), to which it refers Royal Decree-Law 9/1993 of 28 May.
Finally, the percentage of the revaluation indicated is part of the objective of maintaining the purchasing power of pensions, so that, in the event that the actual evolution of the CPI during 1994 exceeded the forecasts In the case of the Commission, the Commission has not been able to take the necessary measures to ensure that the aid granted to the State in question is not the same as that in the case of the such pensions in the following financial year.
In its virtue, on the proposal of the Minister of Economy and Finance, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of 14 January 1994,
D I S P O N G O:
CHAPTER I
General rules for the revaluation of passive class pensions for 1994
Article 1. Amount of the increase for the 1994 pension of passive classes.
In accordance with the provisions of Article 40 (2) of Law 21/1993 of 29 December 1993 on the General Budget of the State for 1994, the pensions paid by Passive Classes will be increased by 3.5 percent. in respect of the amounts which they would have received by 31 December 1993, except those covered by Title II of Royal Decree 851/1992 of 10 July 1992, which shall be adapted to the amounts corresponding to their own legislation.
Article 2. Pensions not revalued during 1994.
By way of derogation from the previous article, and pursuant to Article 41 (1) and (2) of the 1994 General State Budget Law, no increase will be made. The following Passive Classes pensions:
(a) Those whose full amount, in addition, in their case, the full monthly amount of other public pensions received by the holder, exceeds 254,140 total pesetas on a monthly basis when the holder has the right to receive 14 monthly or, in other cases, 3.557,960 pesetas in annual accounts.
(b) Recognized in favour of State Camineros and caused prior to 1 January 1985, with the exception of those whose holder only received this pension for such a condition.
(c) The orphanages referred to in the second paragraph of Article 4.3 of Law 5/1979, of 18 September, added by Article 2 of Law 42/1981 of 28 October.
(d) The orphan's as referred to in the second paragraph of Article 17 of Law 35/1980 of 26 June, added by Article 3 of Law 42/1981 of 28 October.
Article 3. Extraordinary pensions for acts of terrorism.
1. In accordance with the second subparagraph of Article 41 (1) and Article 42 (5) of the General Budget Law for 1994, as well as in Royal Decree No 851/1992 of 10 July 1992, the Commission has adopted a decision on the of passive classes originating in terrorist acts are exempt from the exclusionary or limiting rules referred to in Article 2 (a) and Article 4, rule 2, of this Royal Decree.
2. In the event that, together with any of the pensions mentioned in the preceding number, a person is entitled to receive at 31 December 1993 some or some other public pensions, the rules which are exclusive or limited, cited, if applicable in respect of the latter.
Article 4. Rules for the increase of pension of Passive Classes.
The application of the increase set out in Article 1 of this Royal Decree will be in accordance with the following rules:
1. The increase shall apply to pensions which were incurred before 1 January 1994 and to the monthly total amount which it received or would have been paid to its holder by 31 December 1993.
If the pensions caused before 1 January 1994 are pending recognition of the date indicated, the initial amount for the 1993 financial year, or, where appropriate, previous financial years, shall be determined and shall be updating taking into account the rules on revaluation, pension provision and limitation of increases are contained in the corresponding budget laws, applying for 1994 the increase coming.
2. For the purposes of Article 42 of the General Budget Law for 1994, the amount of the pension or set of pensions paid out of the Passive Classes receivable shall be levied by the same holder, after the application of the an increase from each of them, will be limited to the amount of 3.557.960 full annual pesetas, including the amount of ordinary monthly payments as well as the amount of extraordinary payments that may be paid reciprocate.
In the event that in the same holder one or more of the pension of Passive Classes with another or other public pensions is present, the value of the pension or pension set of Passive Classes will have as a limit a figure that with a total of 3,557,960 pesetas per year, the same proportion as that pension or pension with the total set of public pensions to be paid by the holder.
That limit (L) is obtained by applying the following formula:
L = CP divided by T and multiplied by 133 3,557,960 pesetas annually
where CP is the full annual theoretical value reached at 31 December 1993 by the pension or pension of Passive Classes and T the result of adding to the previous figure the full value in annual terms of the other pensions at the same time.
3. Established for each case and in accordance with the above rules, the maximum annual limit of a pension, this limit shall be divided between the number of ordinary monthly payments and extraordinary payments which, in respect of the annuity and in accordance with the (a) the amount of the pension shall be paid by the holder of the pension in each ordinary monthly payment and shall be paid in an extraordinary amount.
Article 5. Procedure for revaluation.
1. The revaluation of passive class pensions for 1994 will be carried out by the Provincial Delegations of Economy and Finance or by the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance. as appropriate, although the latter may be able to do so on a centralised basis where for reasons of agility and simplification it is appropriate.
2. This revaluation shall be carried out taking into account the data obtained in respect of each pension holder as at 31 December 1993. However, and in accordance with the provisions of Article 21 (2) of the recast of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April, any beneficiary of Classes may be required to Passive to provide information about its economic situation with the effects of such a rule.
3. In accordance with the provisions of Article 42, number four of the General State Budget Law for 1994, the revaluation will be provisional until the Administration establishes the source of its perception. amount, depending on the other perceptions of the title of a pension or pensions and the rules on concurrency and incompatibility that are applicable in each case.
If the evidence that excess amounts have been collected has been obtained from the elevation of the previously practiced revaluation, the pensioner will be obliged to reintegrate the unduly perceived amount. Without prejudice to the foregoing, in the event that the person concerned has committed in his declaration of falsehood or omission of data, he may be required for the corresponding responsibilities in which he may have incurred.
CHAPTER II
Add-ons for minimums
Article 6. Economic supplements for pension of Passive Classes during 1994.
1. According to the forecasts contained in the numbers one, two and three of Article 43 of the State Budget Law for 1994, the application during the expressed year of economic supplements to the pensions of the Classes Passive will conform to the following rules:
(a) That pension of the Passive Classes Scheme may be supplemented, whatever the date on which it was caused, which does not reach the corresponding minimum set out in column A of the table below, which has been recognised under the general legislation in the field.
(b) In the event of receipt of several pensions from the same beneficiary in the preceding paragraph, the supplement shall, where appropriate, apply in respect of that pension which, in the interest of its nature, is allocated an amount greater in column A of the table below is included.
(c) The amount of the supplement shall be the amount necessary for the pension to supplement, in full monthly calculation, plus, where appropriate, the full monthly amount of all other pensions payable by the credit institution. Passive classes or other public pensions received by the beneficiary, reach the minimum corresponding to column A of that table.
For these purposes the amount to be taken into account will be, for the pensions of Passive Classes, the one that is once revalued the same according to the provisions of this Royal Decree, and for the remaining pensions of a public nature, which the beneficiary is receiving at the time of submitting the application referred to in the following Article 2 (2).
(d) The supplement shall be reduced, or, where appropriate, shall be abolished in the amount necessary to ensure that the sum, in annual terms, of the pension supplemented by the provisions of the preceding subparagraph, together with all the working income or replacement of the same or capital, received by the beneficiary, does not exceed the corresponding limit in column B of the table below.
For these purposes, the concept of income shall be defined in accordance with the laws of the Income Tax of the Physical Persons, although, in any case, the income corresponding to any pension of the public character, whether or not they are subject to the aforementioned tax; the pension of Passive Classes shall be taken at its annual value once revalued in accordance with the provisions of this Royal Decree; the remaining public pensions shall have the value (a) the date of submission of the application referred to in number 2 of the following year Article 3 of the Treaty on European Union and the Council of the European Economic and Social Committee (OJ L 17, 12.3.1993, and in particular Article 3 of the Treaty on European Union), the Council Regulation (EC) No 21993/93 of the European Parliament and of the Council in 1994.
2. For the purposes of the preceding number, the following amounts shall be taken into
:A-Minimum monthly pension/B-Maximum annual revenue
Retirement or retirement pension when there is spouse in charge of the holder/57,680/1.559.892
Retirement or retirement pension when there is no spouse or, existing, not in charge/49.020/1.438,652
widow's pension/49.020/1.438,652
Pension or pensions in favour of other relatives, with
In the case of pension or pensions in favour of other relatives who are perceived by several officials, the figure resulting from column A of the above table shall not be less than 14,490 pesetas per month, in respect of each of beneficiaries whose annual income does not exceed those listed in column B.
In widow's pensions, increases for children who may have been recognised under Law 19/1974 of 27 June and Law 74/1980 of 29 December shall not be counted for the purposes of the application of the minimum set in the table above.
For the same purposes, it is understood that there is a spouse in charge of the holder when he is living with the pensioner and is economically dependent. Co-existence shall be presumed provided that the marriage bond is preserved, without prejudice to the fact that this presumption may be destroyed by the administration, and the same effects shall be understood to be economically dependent. where the spouse's income, by any means, does not exceed the current minimum inter-professional salary.
3. The economic supplements covered by this provision, which will be paid in 12 ordinary and two extraordinary amounts, all of which are of equal value, will in no way be consolidated and will be absorbed by any future increase which they can experience the perceptions of the person concerned, either by revaluation or by recognition in their favour of new public pensions.
4. In accordance with the provisions of Article 21.5 of Royal Decree 1288/1990 of 25 October 1990, the right to minimum pension recipients of Passive Classes may be granted access to the right to minimum pension benefits under the terms of the standard.
Article 7. Procedure for economic supplements.
1. It corresponds to the General Directorate of Personnel and Public Pensions Costs and to the different Provincial Delegations of Economy and Finance, in respect of the assets entered in their respective Payor Boxes, to grant and to determine the economic supplements which come, in accordance with the provisions set out in Article 6, without prejudice to the fact that this function may be collected in whole or in part by the Directorate-General.
2. The procedure shall be initiated at the request of the person concerned by application submitted to the departments of the Directorate-General for Personnel and Public Pensions, or the Provincial Delegation for Economic and Financial Affairs, as indicated in the payment of your pension in the respective Box. That request shall be adjusted and completed in accordance with the model established for that purpose.
3. In the light of the information provided by the applicant for the financial supplement and, where appropriate, the information consultation of the Public Pension Data Bank, the administrative office shall, without further formalities, dictate the decision as appropriate, without (a) to the detriment of the fact that the same is reviewable at any time, in respect of the verification or inspection of the data entered or the variation of the conditions of the right to supplement.
If the request for economic supplements is made, for the first time, during the present financial year, its economic effects shall be rolled back to 1 January 1994 or the date of the start of the pension if it is back.
4. If, after recognition of the economic supplements, there is a finding of a contradiction between the declared data and the reality, the applicant shall be obliged to recover the amount unduly received, without prejudice to the against other possible responsibilities in accordance with the legal system.
For the purposes of this review, and in accordance with the provisions of Article 21 of the current consolidated text of the State Passive Classes Act, the pensioner shall provide the Administration with the information that it formally gives to the Administration. The payment of the supplement may be suspended in the event of non-compliance with this obligation.
5. The recipient of the pension supplements shall be obliged to inform the Administration, at the time of the occurrence, of any variation in the composition or amount of the income declared in the application, as well as any variation of their marital status or the situation of economic dependence of their spouse in respect of the initially declared. Failure to comply with this obligation, if the undue perception of quantities were to be followed, will give rise to the failure to comply with them.
6. The General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance is empowered to dictate how many service instructions may be appropriate, in order to expedite the procedures for the perception of the supplements referred to in this Article.
Article 8. Prohibition of the granting of economic supplements in Passive Classes.
1. In the event that a certain pensioner of Passive Classes was entitled to receive, in accordance with the rules of this Royal Decree, an economic supplement, and to be a beneficiary in addition to other public pensions, paid under schemes In the case of the pension scheme, the pension is paid for in the case of a person who is not entitled to a pension, who is not entitled to a pension or a pension. of Passive Classes except in the following cases:
(a) Where the pensions of the different systems are of the same nature and the total monthly amount of the pension of Passive Classes out of the same amount as the amount corresponding to the other public pension be supplemented.
(b) Where the pensions to be received by the person concerned are of different nature and the minimum monthly pension amount corresponding to that of the Passive Classes is higher than that of the other public pension.
2. In the two cases referred to in the preceding number, the economic supplement to which the person concerned may be entitled to the pension from the Passive Classes may not be taken into consideration in order to determine the amount of the supplement that the scheme corresponds to it, in accordance with the rules of Article 6 of this Royal Decree.
Additional disposition first. Add-ons for minimums in other Passive Classes pensions.
For the financial year 1994, the economic supplements covered by Chapter II of this Royal Decree shall apply to pensions recognised under Title II of Law 37/1984 of 22 October, as well as to those other in For the purpose of the lotteries operators, the staff of the Mines of the Almaden and the inused or deceased medical doctors for extraordinary services in the time of the epidemic, and sub-delegates of health referred to in the Law of 11 July from 1912.
These economic supplements will also apply, even if only to those which would have been caused in favour of family members, to pensions recognised under the laws of the European Union 5/1979 of 18 September; 35/1980, 26 of June, and 6/1982, of 29 March, the pensions of orphans referred to in Article 2 (c) and (d) of this Royal Decree being excluded, in any event, from that benefit.
Additional provision second. Recognition of the trade of accessories for minimums.
1. The pension of Passive Classes to which economic supplements had been applied in 1993 shall be adapted ex officio and on a provisional basis, with effect from 1 January 1994, to the amounts laid down in Article 6 of this Royal Decree, Assuming that their holders meet the conditions and requirements laid down in that provision until the corresponding administrative services are satisfied, the concurrency of those conditions and requirements shall be established.
2. If the absence of any requirement or condition results from the verification referred to above, the immediate cessation of the payment of the supplement shall be carried out, with a refund of the amount unduly received for such a period from, at most, the first of January of the year. 1994. Similarly, if such verification results in the need to modify the amount of the supplement, the appropriate modification shall be made, with drawback of the unduly perceived from the date indicated above.
However, and in accordance with the provisions of Article 7.4 of this Royal Decree, the drawback of the unduly perceived to the initial date on which the economic supplement began to be paid in financial years shall be rolled back. prior to, up to a maximum of five years, if evidence of the fact that the recipient of the same committed any omission or falsehood in the declaration submitted at the time of application for the supplement was found to be prejudice to the responsibilities in which it could have incurred.
Additional provision third. Re-evaluation of social aid to those affected by HIV.
In accordance with the provisions of the additional 13th provision of the State Budget Law for 1994, the social aid recognized in favour of persons contaminated by HIV, regulated in the (b), (c) and (d) of Article 2 (1) of Royal Decree-Law 9/1993 of 28 May 1993 shall be increased by 3,5 per 100 in respect of the amounts which would have been allocated to them as at 31 December 1993.
Final disposition first. Enablement for development provisions.
The Minister of Economy and Finance is hereby authorized to give the general provisions necessary for the implementation of this Royal Decree.
Final disposition second. Entry into force and economic effects.
This Royal Decree shall enter into force on the day following that of its publication in the Official Journal of the State, without prejudice to its economic effects being rolled back, where appropriate, to 1 January 1994.
Given in Madrid on 14 January 1994.
JOHN CARLOS R.
The Minister of Economy and Finance,
PEDRO SOLBES MIRA
