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Royal Decree 96/1992 Of 7 February On Revaluation Of Pensions 1992 Passive Classes And Economic Complements Them During This Exercise.

Original Language Title: Real Decreto 96/1992, de 7 de febrero, sobre revalorización de pensiones de Clases Pasivas para 1992 y complementos económicos de las mismas durante el citado ejercicio.

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TEXT

By this Royal Decree the regulatory development of Law 31/1991, of 30 December, of General Budget of the State for 1992, in matters concerning revaluation, economic complements and Review of amounts of Passive Classes pensions.

The implementation of the aforementioned law in the aforementioned matters, including, for the first time, in a Law on the Budgets of the amounts corresponding to the minimum amounts guaranteed in the various public schemes that The social security system in our country could well lead to the estimation of being able to dispense with a standard of development, which is the present, for the application of that provision. However, the need to establish the procedures to be followed by the competent services, which is an adjective aspect which the Law does not collect and which constitute a system of guarantees for the managed ones, advise the enactment of this Royal Decree, thus giving unitary and complete treatment to the substantive and procedural aspects of the subjects referred to above.

In its virtue, on the proposal of the Minister of Economy and Finance, in agreement with the State Council, and after deliberation by the Council of Ministers at its meeting on 7 February 1992,

DISPONGO:

CHAPTER FIRST

General rules for the revaluation of pension classes Passive for 1992

Article 1. º Cuantia of the increase for 1992 of the pension of Passive Classes.

In accordance with the provisions of Article 44 (2) of Law 31/1991 of 30 December 1992 on the General Budget of the State for 1992, the pensions paid by Passive Classes shall be increased by 5,7%. in respect of the amounts which would have been allocated to them as at 31 December 1991.

Art. 2. Non-revalorizable pensions during 1992.

1. By way of derogation from the previous Article, and in application of the provisions of Article 45 (1) and (2) of the General State Budget Law for 1992, the following pensions shall not be increased. Passive Classes:

(a) Those whose full amount, in addition, in their case, the full monthly amount of other public pensions received by the holder, exceeds 233,631 pesetas in the monthly calculation when the holder is entitled to receive 14 monthly or, in other cases, 3.270,834 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 such a pension as such.

c) The orphan's as referred to in the second paragraph of Article 4.3 of Law 5/1979 of 18 September, added by Article 2 of Law No 42/1981 of 28 October 1981, as well as the pensions referred to in Article 4.2 of the Law 5/1979.

(d) The orphanages 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.

2. The pensions for which the amounts are to be revised in accordance with the provisions of Chapter III of this Royal Decree are also excluded.

Art. 3. Extraordinary pensions for acts of terrorism.

1. In accordance with the second paragraph, number 1, of Article 45 of the Law on the General Budget of the State for 1992, and in Article 46 (5) of the same Law, the extraordinary pensions of the Passive Classes originating in terrorist acts, as well as pensions improved under Royal Decree-Law 19/1981 of 30 October 1981, are exempt from the exclusive or limiting rules referred to in Article 2 (1) (a) and Article 4 (1). Rule 2. of this Royal Decree.

2. In the event that, together with any of the pensions in the above mentioned number, certain persons were entitled to receive at 31 December 1991 some or some other public pensions, the rules which were exclusive or limited, cited, if applicable in respect of the latter.

Art. 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 1992 and the amount of the monthly amount collected or received by the holder on 31 December 1991.

If the pensions, caused before 1 January 1992, are pending recognition of the date indicated, the initial amount for the 1991 financial year or, where appropriate, previous financial years, shall be determined and the updating taking into account the rules on revaluation, pension provision and limitation of increases are contained in the corresponding Budget Laws, applying for 1992 the increase from the amount.

2. For the purposes of Article 46 of the General Budget Law for 1992, the amount of the pension or set of pensions paid out of the Passive Classes credit to be paid by the same holder, Once the increase from each of them has been applied, it will be limited to the amount of 3.270,834 full annual pesetas, including the amount of the ordinary monthly payments as well as the extraordinary payments that may correspond.

In the event that, in the same holder, one or more of the pension of Passive Classes with another or other public pensions is present, the value of the pension or pension set of Passive Classes will be limited to a figure that The same proportion as that pension or pension is kept with the total total public pension to be paid by the holder of the same proportion as that of 3,270,834 pesetas.

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

CP

3,270,834 pesetas

T

where CP is the full annual theoretical value reached at 31 December 1991 by the pension or pension of Passive Classes and T the result of adding to the previous figure the full value in annual terms of the other pensions at the same time.

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

Art. 5. The procedure for revaluation.

1. The pension revaluation of Passive Classes for 1992 will be carried out on its own initiative, either by the Provincial Delegations of Economy and Finance and by the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance. or by the latter 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 1991. However, and in accordance with Article 21 (2) of the recast text approved by Royal Decree-Law 670/1987 of 30 April 1987, any recipient of Passive Classes may be required to provide information. with regard to its economic situation with the effects on that rule.

3. In accordance with the provisions of Article 46 (4) of the General State Budget Law for 1992, the revaluation will be provisional until the Administration has verified the origin of the perception of its (a) in the light of the other perceptions of the holder of a pension or pension and of the rules on concurrency and incompatibility which are applicable in each case, provided that at the time of his practice he did not hold the Administration information on this subject. If the evidence that the excess amounts have been collected is obtained from the increase to the final of the revaluation previously practised, the pensioner shall be obliged to reintegrate the amount unduly received, without prejudice to the other responsibilities in which you would have been able to incur according to the rules in force in the event that you had committed falsehood or omission.

CHAPTER II

Add-ons for minimums

Art. 6. Economic supplements for Passive Classes pensions during 1992.

1. According to the forecasts contained in Article 47 (1), (2) and (3) of the General Budget Law for 1992, the application during the year of economic supplements to the pension scheme of the Passive Classes Scheme adjust 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. provided that it has been recognised under the general legislation in the field.

(b) In the event of receipt of several pensions from the same beneficiary referred to in the preceding paragraph, the supplement shall, where appropriate, apply in respect of that pension which, in respect of its class, is assigned a higher amount 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 credit Passive classes or other public pensions received by the beneficiary, reach the minimum corresponding to column A of the table below.

For these purposes the amount to be taken into account shall be, for the pension of Passive Classes, the one that is once revalued and revised the same in accordance with the provisions of this Royal Decree, and for the other 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 event the income corresponding to any public pension shall be taken into account. the same subject, or not, to the said 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 annual value corresponding to the the time to submit the application referred to in the following Article 2, and the income of the work and capital will be taken into account in the value perceived in 1991, with the exclusion of those left from being perceived on account of the fact that the various pensions are causing the various pensions as well as those which are not to be perceived in 1992.

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

:

A

Monthly minimum pension

B

Maximum annual

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

53,020

1.433,935

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

45.060

1.322.495

widower's pension

45.060

1.322.495

45.060

691,655 + 630,840

n

n

In the case of pension or pensions in favour of other family members who are received by several beneficiaries, the figure resulting from column A of the above table shall not be less than 13,320 pesetas per month, in respect of each one of those beneficiaries whose annual income does not exceed those listed in column B.

For the purposes of applying the above table, it is understood that there is a spouse in charge of the holder where he is living with the pensioner and is economically dependent on the pensioner. 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 research activity of the Administration, and it is understood that there is economic dependence when the revenue of the spouse by any concept does not exceed the current minimum interprofessional salary.

For the same purposes, the pension shall be understood as a whole of the perception of this concept, including increases for children who may have been recognised under Law 19/1974 of 27 June and of the Law of 27 June 1974. 74/1980, of December 29.

3. The economic supplements covered by this provision will be paid in twelve ordinary and two extraordinary amounts, all of which are of equal value, will in no case be consolidated and will be absorbed with any future increase of the pension to be applied.

4. In accordance with the provisions of Article 21.1 of Royal Decree 1288/1990 of 25 October 1990, the right to minimum pension recipients of Passive Classes which would have obtained the right under the express rule may be granted.

Art. 7. The procedure for economic supplements.

1. Without prejudice to the fact that this function may be collected, in whole or in part, by the General Directorate of Personnel and Public Pensions Costs, it corresponds to the services of the same and the different Provincial Delegations of Economy and Finance, in respect of the assets entered in their respective Paying Fund, to grant and to determine the economic supplements that come in accordance with the provisions set out in the previous article of this Royal Decree.

2. The procedure shall be initiated, in any case, at the request of the person concerned by application submitted to the departments of the Directorate-General for Personnel and Public Pensions, or of the Provincial Delegation for Economic and Financial Affairs, as indicated entered the payment of your pension in the respective Caja. 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 economic supplement and, where appropriate, information on computer consultation of the Public Pension Bank, the administrative office shall, without further formalities, dictate the decision as appropriate, without prejudice to the the same is reviewable at any time, in consideration of the verification or inspection of the data recorded or the variation of the conditioning elements of the right or complement. If, on the occasion of such administrative action, there is a contradiction between the information declared and the reality, the applicant shall be obliged to recover the amount unduly received, without prejudice to the fact that the information is against other possible responsibilities in accordance with the legal order.

For the purposes of this review and in accordance with the provisions of Article 21 of the recast text approved by Royal Decree-Law 670/1987 of 30 April 1987, the pensioner must provide the Administration with the information he the payment of the supplement may be suspended, in the event of non-compliance with this obligation, after an individual requirement and in the formal conditions laid down in the regulations.

4. The recipient of the supplements regulated in this chapter 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 changes in your marital status or the economic dependency situation of your 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 undue perception of the amounts.

5. The Directorate General of Personnel and Public Pensions of the Ministry of Economy and Finance is empowered to dictate how many instructions of service the order to expedite the procedures of concession, provisional, could be convenient or final, and for the perception by the parties concerned, of the supplements referred to in this Article.

Art. 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 under 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 Court of Justice of the European Parliament, the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union Passive classes except in the following cases:

(a) Where the pensions of the different systems are in the same class, if the monthly full amount of the Passive Classes pension is higher than the amount corresponding to the other public pension liable to be supplemented.

(b) If the pensions to be received by the person concerned were of a different kind, where the minimum monthly pension amount corresponding to that of the Passive Classes was greater than that corresponding to the other public pension may be supplemented.

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 scheme in question may not be taken into consideration for the purposes of determining the amount of the supplement for Passive Classes, in accordance with the rules of Article 6. of this Royal Decree.

CHAPTER III

Review of Liabilities to Passive Classes ' Pensions

Art. 9. The ex officio review of the amounts allocated to certain pensions of Passive Classes.

1. In accordance with Article 41 (6) of the Law on the General Budget of the State for 1992, the amounts of pensions in favour of family members recognised under the laws of the Member States of the European Union 5/1979 of 18 September 1990; 35/1980 In June, and 6/1982, of 29 March, they shall be revised ex officio, with economic effects of 1 January 1992, in order to adapt their amounts to the provisions of Article 41 (1), (2) (c), first subparagraph, and (3) (b) of the said Law of 29 March 1992. Budgets.

2. The same ex officio review shall be carried out in relation to the pensions of widowers who are affected by the provisions of Article 8 (2), second subparagraph, of Law No 37/1984 of 22 October, as amended by Article 53, Number 4, of Law 37/1988 of 28 December of the General Budget of the State for 1989.

3. In accordance with the additional provisions of the General Budget Law for 1992, the additional provision of the Law on the General Budget for 1992 will also be carried out, with economic effects of 1 January 1992, of the amounts allocated to them. pensions caused by the staff referred to in that provision. Such review shall be carried out in accordance with the percentage of increase resulting for the regulatory fees or salaries applicable during the 1991 financial year in relation to those allocated for the year 1992.

4. The amounts of the revised pensions referred to in the preceding numbers shall in any case be subject to the ceiling which, for public pensions alone or in concurrency, is established by Article 43 of the Budget Law. General of the State for 1992, whose exclusive effects the new amount allocated will have the character of initial indication when the beneficiary is the holder of other public pensions at the time of the review.

Art. 10. Procedure for the review of trades.

1. The fixing of the new amounts corresponding to the pensions expressed in the previous article, as well as, where appropriate, the liquidation of arrears, may be carried out on a centralised basis and by means of computer processes. the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance, on the exclusive basis of the computer data obtained from the Payrolls of Passive Classes and the Public Pension Data Bank created by the Real Estate Decree 2566/1985 of 27 December.

2. This action, which is centralised and by means of information technology, does not preclude competition from the paying agencies in order to be able to carry out the checks which they deem appropriate and to proceed, where appropriate, to corrections. relevant.

3. The inclusion in payroll of the new amounts of pensions already recognised, in accordance with the procedure laid down in this Article, shall be of a provisional nature for the purposes of Article 15 (2) of the text. recast of the Passive Classes Act, and will be practiced without the need for its holders to appear before the administrative offices of Passive Classes or to provide new data or declarations for the sake of the same.

ADDITIONAL PROVISIONS

First.

During 1992, the economic supplements regulated in Chapter II of this Royal Decree will apply to the recognized pensions, in favour of the own or their families, under Title II of Law 37/1984, 22 October, as well as in relation to the operators of lotteries, the staff of the Mines of Almadén and medical doctors who have been used or who have died on the occasion of extraordinary services in the time of the epidemic, or sub-delegates of health refers to the Law of 11 July 1912.

These economic supplements will also apply, even if only to those which would have been caused in favour of family members, to pensions recognised under the laws of the European Union 5/1979, of 18 September, 35/1980, of 26 May 1990. June, and 6/1982, of 29 March, and with exclusion, in any case, of the benefit of the orphan's pensions referred to in Article 2 (1) (c) and (d) of this Royal Decree.

Second.

1. The pensions of Passive Classes to which economic supplements had been applied in 1991 shall be adjusted ex officio, and on a provisional basis, with effect from 1 January 1992, to the amounts laid down in Article 6 of this Royal Decree, assuming that its holders fulfil the conditions and requirements laid down in that provision until such time as the corresponding administrative services are in fact satisfied with the concurrency in those conditions and requirements. For the purposes of this adjustment, the increase resulting from the amount of the pension of the Passive Classes concerned, in accordance with the provisions of this Royal Decree, shall be applied, without taking into account any such pension. exclusive effect, the amount of the add-on on its applied day. The difference between the amount of the increased pension and the difference between the amounts reflected in the article 6. of this Royal Decree is then paid.

2. If the check referred to above results in the absence of any requirement or condition, the immediate cessation of the payment of the supplement shall be made, with a refund of the amount unduly received for that purpose from, at the latest, the first of January of the 1992. Similarly, if such a check resulted in the need to amend the amount of the supplement initially determined on its own initiative by 1992, the appropriate amendment shall be made, with a refund of the unduly received from the same date. indicated above.

However, and in accordance with the provisions of Article 7 (3) of this Royal Decree, the drawback of the unduly perceived to the initial date on which the economic supplement began to be paid shall be rolled back. previous 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, without prejudice to the responsibilities that you might have incurred.

FINAL PROVISIONS

First.

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

Second.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", without prejudice to its economic effects being rolled back, where appropriate, to 1 January 1992.

Given in Madrid on February 7, 1992.

JOHN CARLOS R.

The Minister of Economy and Finance,

CARLOS SOLCHAGA CATALAN