Key Benefits:
The additional provision of Law 26/1985 of 31 July, of Urgent Measures for the Rationalization of the Structure and the Protective Action of Social Security, provides for the integration into the General Regime or other Special of the Railway Workers, Artists, Toreros, Trade Representatives, Book Writers and Footballers ' Representatives, empowering the Government to set the rules and conditions for such integration.
Since the additional provision cited does not provide guidelines to the Government for the integration, the criteria contained in Article 10.15 of the General Law on Social Security, to be taken into account, must be taken into account. effects of the integration of Special Regimenes of Social Security, which are the similarity of the characteristics of the Integrated Regime and the Integration Regime and the greater homogeneity with the General Regime.
The business, trade union and professional organizations concerned, this Royal Decree bases its provisions on the combination of the different considerations: On the one hand, the legal nature of the the professional relationship of each of the groups affected, which is defined by the groups included in five of the Special Regiments as a net work, and, of the other, the peculiar characteristics that make up the exercise of their respective professionalism.
On the other hand, the integration forecasts are characterized by their graduality. In this respect, the proposals of the professional sectors concerned, the Royal Decree provides for an extended transitional period during which to proceed to the definitive accommodation of the financial and protective mechanisms of the Missing regimes with which they are themselves of the Regiments of their respective integration.
In its virtue, on the proposal of the Minister of Labour and Social Security, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day of December 24, 1986,
DISPONGO:
CHAPTER FIRST
Integration Regimes
Article 1. ° Integration regimes.
1. The following Special Regulations are integrated into the General Social Security Regime:
(a) Of Railway Workers, Regulated By Decree 2824/1974, 9 August.
b) Professional Football Players, established by Royal Decree 2806/1979 of 7 December.
(c) Trade Representatives, governed by Decree 2409/1975 of 23 August.
d) Of Artists, regulated by Decree 2133/1975, of July 24.
e) Of Toreros, Regulated By Royal Decree 1024/1981, de.22 May.
2. The current Special Regime of Book Writers, regulated by Decree 3262/1970, of 29 October
is integrated into the Special System of Social Security of Workers for Account or Autonomy.Art. 2. General Benefits Application:
The general application of the benefits of Social Security to the activities, categories and professional groups framed in the extinct Special Regiments of Railway Workers, of Professional Football Players, Representatives of Trade, Artists, Toreros and Writers of Books shall be governed by the legislation of the General Regime or the Special Regime of Autonomous Workers, according to the integration provided for in the previous article, in the form and with the modalities that for each of them establishes the present Real Decree.
CHAPTER II
Particular integration rules
Section first. Modalities for the integration of the Special Regime for Rail Workers
Art. 3. Reduction in the minimum retirement age due to exceptionally painful or dangerous work.
1. The retirement age established for the General Regime by Article 154 of the General Law of Social Security shall be reduced, for railway workers belonging to groups and professional activities of a special nature. dangerous or painful, by applying to the time period effectively worked on such guupos and coefficient activities corresponding to the following scale:
-Head of Machine, Machinist and Vapor Locomotive Driver, Officer Calderer in Deposit: 0.15.
-Capataz de Maniworks, Estaciones Specialists, Train Auxiliary, T.E. Machinist and T.D., Via Machine Operator, Officer Calderero, Chapista, Official Forjador, Official of Officio Smeldor, Official of the Office of the Montador, Assistant of Office Forjador, Adjutant Assistant-Monter, Assistant Calderer-Chapista, Assistant to the Office of Smelter, Officio Assistant Lighter-Lavator, Specialist Pawn Tapero Tirafuegos, Visitator, Assistant to the Machinist T.E. and T.D., Assistant to Machinery of Via: 0.10.
2. The fractions of the year exceeding six months shall be computed as a full year, not at all those that are lower.
Likewise, the different fractions of the year corresponding to hazardous or painful activities with different coefficients will be computed, if the sum of all of them exceeds the semester, for one year fulfilled in the activity in the longer fraction is credited.
3. The period of time between the reduced retirement age and the general minimum age shall be considered to be the exclusive effect of determining the percentage of the pension in each applicable case.
4. In accordance with the provisions of Article 154 (2) of the General Law on Social Security, at the request of the most representative trade union organisations and of the undertakings concerned, prior to the appropriate technical studies, they may be revised the coefficients mentioned in the previous number 1, by means of Royal Decree approved in the Council of Ministers.
Section 2. Modalities for the integration of the Special Regime of Professional Football Players
Art. 4. Minimum minimum and maximum contributions for common contingencies and contributions for accidents at work and occupational diseases.
1. The minimum and maximum bases for contributions for contingencies common to the General Regime by the Professional Football Players and their Clubs shall be those corresponding to the category of the latter, according to the following classification:
| Category | Listing | |
|---|---|---|
| First Division | 2. | |
| Second Division | 3. | |
|
| 5. | |
| Restantes categories | 7. |
2. The contribution to the contingency of accidents at work and occupational diseases shall be carried out under the heading 121 of the premium rate approved by Royal Decree 2930/1979 of 29 December.
Section 3. Modalities for the integration of the Special Regime of Trade Representatives
Art. 5. The formalization of affiliation and the high, low and other variations produced after that.
1. It is for the Trade Representative himself to directly appeal for his affiliation to the Social Security, and to take account of the decisive facts of his discharge in the General Regime and of the casualties and other variations which may arise with after membership.
Together with the application for membership or, where applicable, of the discharge, the Trade Representative must present a copy of the contract in which the employment relationship is covered with the Company or Companies on behalf of which he/she exercises his/her activity, or any other means of evidence that accredit the existence of such employment relationship.
2. For the purposes of the administrative cooperation obligations set out in the number 1, the employers shall be responsible for carrying out their professional activity by the Trade Representative.
Art. 6. ° Quote.
1. The contribution base shall be made up of all the remuneration received or which the worker is entitled to receive during the period referred to in Article 73 of the General Law on Security Social and, in relation to the duration of the period to be considered provided for in Article 7. of this Royal Decree.
However, the longer duration of the contribution period will be determined by the sum of the corresponding monthly fractions, and by leaving the list of the bases of quotation for each of the months included in the period.
2. For the purposes of social security contributions, the trade representatives are included in group 5. of the scale of the contribution groups in force in the General System of Social Security.
3. The contribution of accidents at work and occupational diseases shall be listed under the heading 102 of the premium rate approved by Royal Decree 2930/1970 of 29 December.
4. The Trade Representative shall be the subject responsible for the fulfilment of the obligation to quote, and shall pay in full both his own contributions and those corresponding to the employer or, where appropriate, employers with whom he maintains employment relationship.
The employer will be obliged to give the Trade Representative, at the time of payment of his remuneration, the share of the share corresponding to the business contribution. Where the employer does not make the payment indicated, the General Treasury of Social Security shall reintegrate the Trade Representative, within the time limit and with the requirements to be determined, the amount of the contribution paid by the employer, initiated by the Agency referred to in the tax collection procedure against the employer.
Art. 7. Collection.
The income of the contributions shall be made by natural quarters due and within the month following each calendar quarter.
However, the quarterly frequency income, the quote will be referred to each month of the quarter.
Section 4. Modalities of Integration of the Special Regime of Artists
Art. 8. º Quote.
1. The contribution base shall be made up of the remuneration received by the artist or those which he or she must receive without, in any event, being lower or higher than the minimum or maximum basis which, for that purpose, is fixed in the corresponding Royal Decree on social security contributions, taking into account the assimilation of the various groups of contributions made by the following number, and in accordance with the provisions of numbers 3 and 4 of this Article and of the forecasts contained in the fourth transitional provision.
2. The following professional categories are included in the social security contributions groups listed below:
I. Works of theatre, circus, music, varieties and folklore, including those for radio and television or through recordings.
| Category | Group | |
|---|---|---|
| Directors, choreographic, scene and artistic directors, first master teachers and radio and television hosts | 1 | |
| Seconds and third master teachers, first and second substitute teachers and conductor | 2 | |
|
Masters, choir teachers, master teachers, Band directors, regenders, radio and television announcers and broadcasters | 3 | |
|
, lyric singers and light music, caricatos, Party-room animators, dancers, musicians and circus performers, varieties and folklore | 3 | |
|
Assistant |
5 | |
|
address | 7 |
II. Works of production, dubbing or synchronisation of films (both in terms of feature films, short films or advertising) or for television.
| Category | Listing | |
|---|---|---|
|
Directors | 1 | |
|
Directors | 2 | |
|
| ||
| 3 | ||
| 4 | ||
| 5 | ||
| Helper operators, makeup helpers, second production helper, The following shall be included in the following information: 'The following shall be used for the following:'; ';'; ';'; ';'; ';'; ';'; ';'; ';'; ';'; ';'; ';'; ';'; figuration | 7 |
3. By way of derogation from the provisions of No 1, the maximum ceiling for the bases of contribution for the activities carried out by a worker, for the same or several undertakings, shall be annual and shall be made up of the sum of the monthly basis the maximum corresponding to each contribution group in which the artist is framed.
4. To determine the contribution for each Company, the following procedure will be followed:
(a) Companies shall declare in the corresponding quotation sheets the salaries paid to the artist in the month referred to in the quotation.
(b) In terms of quantity on account, the following fixed bases shall be quoted for each day that the artist has exercised his activity on behalf of the Company or Companies, according to the group of contributions in which the latter including:
|
| Pesetas/day |
|---|---|
| Group 1. | 4.330 |
| 3,590 | |
| Group 3. |
3.120 |
| Group 4. |
2.760 |
|
Group 5. | 2.550 |
| Group 7. | 2.340 |
Except that the salary actually perceived by the artist, in daily computation, is less than the amounts previously mentioned, in which case, it will be quoted by the artist. In no case can it be listed for a quantity less than the daily amount of the minimum contribution base corresponding to the quotation group in which the artist is framed.
The amounts set in the previous paragraph will be reviewed annually.
(c) At the end of the economic exercise, the General Treasury of Social Security shall determine, in accordance with the number 3 and taking into account the declared bases of quotation, the corresponding definitive contribution, either to the Company or to the Company or to the artist, proceeding to their notification to the same ones so that the differences of quotas are entered.
In the event that there has been excess quotation, the General Treasury of Social Security will proceed to the return, both to the Companies and the artists, of the amounts paid in to others.
5. The contribution to the contingency of accidents at work and occupational diseases shall be carried out under the heading 122 of the premium rate, approved by Royal Decree 2930/1979 of 29 December.
Art. 9. DeConsideration of days listed and high.
1. For the purposes of accreditation of listed days, within each calendar year, the following rules shall be followed:
First.-The sum of the bases for which you have quoted will be divided among 365, which, in no case, will exceed the annual contribution ceiling for each professional category. If the resulting ratio is higher than the minimum daily basis applicable to the respective professional category, they shall be considered to be quoted every day of the calendar year, the daily listing being the basis for the effects in order of the benefits, the ratio noted.
Second.-In the event that the ratio referred to in the previous rule is lower than the minimum daily basis applicable to each professional category, the sum of the contribution bases shall be divided by the figure corresponding to that minimum base, the result being the number of days to be considered as quoted.
2. Irrespective of the situations of assimilation to the discharge which, for the various contingencies and situations, are provided for in the General System of Social Security, they shall be deemed to be treated as equivalent to the high number of days which are quoted by application of the rules contained in the preceding numbers, and which do not correspond to the actual provision of services.
Art. 10. Temporary incapacity for work and other allowances.
1. For the recognition of the provision of temporary incapacity for work in the case of maternity, it will be necessary, in addition to the Social Security affiliation, at least nine months before giving birth, which the worker has completed during the year. immediately preceding that moment a minimum period of 90 days ' contribution and meeting the other conditions of regulation laid down in the General Social Security Scheme.
2. For the purposes of calculating the basis for the economic benefits of temporary incapacity for work, provisional invalidity and recovery allowance, account shall be taken of the average of the contributions of the 12 months preceding the year. caused.
Art. 11. Early retirement and reductions in the minimum retirement age.
1. Artists who wish to retire early will be able to do so from the age of sixty. The percentage of the pension will, in these cases, be reduced by 8 per 100 for each year that the worker is missing to meet the age of sixty-five years.
2. By way of derogation from the provisions of No 1, singers, dancers and trapezists may be entitled to a retirement pension from the age of 60 years without the application of reducing coefficients. To this end it will be necessary for them to have worked in the specialty for a minimum of eight years during the twenty-one years prior to retirement.
3. The condition of being discharged or in a situation treated as high on the date of the causative event shall be a prerequisite for access to retirement in any of the cases provided for in this Article, without prejudice to the fact that the artists, in accordance with Article 1 of Law 26/1985 of 31 July 1985, they may apply for a retirement pension, at the age of 60 and five years, without completing the discharge requirement.
4. In accordance with the provisions of Article 154 (2) of the General Law on Social Security, at the request of the most representative trade union organizations and prior to the appropriate technical studies, the retirement age of the workers may be reduced. professional categories referred to in Article 2 of this Article or, where appropriate, extend that reduction to other professional categories.
Section 5. Modalities for the integration of the Special Regime of Toreros
Art. 12. Consideration of employer in professional activities taurines.
The organizer of the taurino show will have the consideration of an entrepreneur, to the effect of the obligations imposed on him in the General Regime of Social Security.
Art. 13. High, low, and other post-affiliation variations.
1. Membership of the Social Security of the Taurian professionals shall be subject to the common rules applicable to the General Social Security Regime.
2. High, low and other post-affiliation variations shall also be governed by the legislation of the General Social Security Scheme, with the following peculiarities:
(a) In the first 15 days of the month of January each year, the Taurian professionals shall make a declaration to the General Treasury of the Social Security of their stay in the professional year during the season taurine corresponding to that year, in order to ensure that the census of assets is made or updated. To this end, the permanence in the professional exercise shall be recognised by the accreditation by the taurino professional of the requirements which are laid down in regulation.
(b) The accreditation of permanence in the professional activity, and the corresponding inclusion in the census of assets, will motivate the consideration of the declarant in a situation of high, for all intents and purposes, during the calendar year. Also the inclusion in the census will exempt from the obligation of communication of the ups and downs, corresponding to each taurino show, of the professionals taurinos.
(c) The absence of a declaration within the prescribed period or the non-accreditation of the requirements to be established shall motivate the automatic discharge of the taurino professional. In such cases, the discharge shall be settled only by a later discharge resulting from the effective resumption of the professional activity, followed by the entry of the corresponding quotas, from the date of which the professional taurino is included in the census.
Art. 14. Quote.
1. For the purposes of listing the General System of Social Security, the Taurian professionals are treated as the various groups of contributions, according to the following categories:
| Categories | Group | |
|---|---|---|
| Toros and Rejonters Matators, classified in groups "A" and "B" | 1. | |
| Toros and Rejonators Matadors, classified in the group " C | 3. | |
| Picators and Banners that accompany Group "A" | 2 | |
| . | ||
|
3. | ||
| 3. comic | 7. |
2. For the contribution of accidents at work and occupational diseases, the heading 16 of the tariff, approved by Royal Decree 2930/1979 of 19 December 1979, shall apply.
3. By way of derogation from the number 1, the contribution ceiling for taurine professionals shall be annual and shall be composed of the sum of the maximum monthly basis for the contribution group in which each category professional is framed.
In the case of taurine professionals not included, since the beginning of the calendar year, in the census of assets referred to in Article 13, the contribution ceiling shall be constituted by the sum of the maximum monthly corresponding to the listing group in which each professional category is framed and computed from the moment of discharge until the last day of the calendar year.
4. For the determination of the contribution for each undertaking, the following procedure shall be taken into account:
(a) Companies shall declare, in the relevant listing documents, the salaries paid to the Taurino professional in the month to which the contribution relates.
(b) For the purposes of listing, it shall be listed on the basis of the following fixed bases for each day that the Taurino professional has exercised his business on behalf of the Company, in accordance with the listing group in which he/she included.
|
| Pesetas/day |
|---|---|
| Group 1. | 40,000 |
| Group 2. | 30,000 |
| Group 3. ° |
20,000 |
| Group 7. ° |
10,000 |
Except that the salary actually received by the professional taurino is less than the quantities mentioned above, in which case it will be listed by the professional. In no case shall it be possible to quote for a quantity less than the daily amount of the minimum contribution base corresponding to the contribution group in which the professional taurino is registered.
The amounts set in the previous paragraph will be reviewed annually.
(c) At the end of the financial year, the General Treasury of Social Security shall determine, in accordance with the number 3 and on the basis of the bases declared, the corresponding definitive contribution to the Company or Companies like the worker, proceeding to their notification to the same ones so that the differences of quotas are entered.
In the event that there has been excess contribution, the General Treasury of Social Security will proceed to the return, both to the companies and the professionals, of the amounts paid by more and Some and others, respective-mind.
Art. 15. Consideration of listed days.
1. For the purposes of accreditation of listed days, within each calendar year, the following rules shall be followed:
First.-It will be divided for three hundred and sixty-five days the sum of the bases for which it has been quoted that, in no case, they will be able to exceed the annual ceiling of contribution corresponding to each professional category. If the resulting ratio is higher than the minimum daily basis applicable to that professional category, they shall be considered as quoted every day of the calendar year as the daily basis of quotation, which shall have effect in order to benefits, the ratio noted.
Second.-In the event that the ratio referred to in the previous rule is lower than the minimum daily basis applicable to each professional category, the sum of the contribution bases shall be divided by the figure corresponding to that minimum base, the result being the number of days to be considered as quoted.
2. In the case of taurine professionals not included, since the beginning of the calendar year in the census of assets referred to in Article 13 (2), the above rules shall relate to the period between the discharge which motivates their inclusion. on the census and the last day of the year.
Art. 16. Concept of an accident at work.
It is understood by accident of work any bodily injury suffered by the professionals taurinos with occasion or consequence of their professional activity. In any event, the work accident shall be considered to be those suffered by the Taurian professionals, whatever their professional category, in the groping, on the movement necessary to take part in their professional activities, in the case of horse testing before the bullfighting shows, or in the case of the fate and the chiquing of the animals, provided that these professionals have acted in the spectacle in question.
Art. 17. Temporary incapacity for work and allowances.
1. The Taurino professional, who causes sick, common or professional sick leave, or accident, whether or not he is working, shall be entitled to the temporary incapacity for work allowance, if he meets the conditions laid down, even if at the time of the discharge he has put out his employment contract. In such cases, it shall be borne by the professional taurino for the payment of the corresponding contributions, for as long as it remains in that situation.
2. The contribution base during the temporary incapacity for work situation and which shall serve as a regulator for the calculation of the corresponding benefit shall be that which is divided by 365 the total annual contribution prior to the causative event, or the average daily of the listing period to be credited if this is lower than the year.
3. The provisions of the preceding number 2 shall be taken into account in the light of the provisional invalidity and recovery allowance basis.
Art. 18. Minimum retirement age for taurine professionals.
1. The minimum retirement age for taurine professionals to cause retirement pension will be as follows:
a) The sixty-five year old, for the Mozos of Estot and Rejones and their helpers.
b) The sixty-year-old, for the Puntilmen.
c) The fifty-five year old, for other taurine professionals.
2. The Mozos of Estot and Rejones and their helpers will be able to anticipate their retirement from the fulfillment of the sixty years of age. The percentage of pension will be reduced, in these cases, by 8 per 100 for each year in advance.
3. In order to qualify for retirement at the age of 1 and 2 (b) and (c), it will be necessary for the Taurian professionals to show that they have performed at the following taurine shows according to their Professional category:
(a) Matadors of Toros, Rejonators and Novels: 150 celebrations, in any of the categories mentioned in this letter.
(b) Banderilleros, Picadores and Comical Toreros: 200 celebrations, in any of the categories mentioned in this letter, as well as in any of the categories indicated in point (a).
(c) Puntillers, Mozos of Estot and Rejones and their helpers: 250 celebrations, in any professional category.
4. The condition of being discharged or in a situation treated as high on the date of the causative event shall be an essential requirement for access to retirement in any of the cases provided for in this Article, without prejudice to the fact that the In the case of Taurino professionals, they may apply, at the age of sixty-five years and in accordance with the provisions of Article 1 of Law 26/1985, of 31 July, retirement pension without completing the discharge requirement.
ADDITIONAL PROVISIONS
First.
As for the unemployment regime of the collectives integrated in the General Social Security Regime, it will be what the Government establishes, by means of the Royal Decree that is issued in the development of Law 31/1984, of 2 of August, for Unemployment Protection, with the specific purpose of covering the integrated collectives.
Second.
The description of the works included in the headings 121 and 122 of the rate of premiums for the contribution to social security for accidents at work and occupational diseases, approved by Royal Decree, is amended. 2930/1979 of 29 December, which are worded as follows:
| Epi | Job |
|---|---|
|
121 |
Nurses and asylum guards. Martial arts teachers, gymnasts and first responders. Professional football players |
| 122 | Show: Film operators, stagehands and other technical and service personnel Artists. |
TRANSIENT PROVISIONS
First.
The contributions paid to the extinguishing schemes shall be understood as having been made in the context of their respective integration, having full validity both in order to improve the right and to determine the amount of the benefits intended in the protective action of this for such situations and contingencies.
Second.
1. Workers entered in Renfe, before 14 July 1967, as well as those belonging to Fève, who were admitted before 19 December 1969, may be entitled to a retirement pension from the age of 60. In such a case, the percentage of the pension that corresponds, according to the years quoted, will experience a reduction of 8 per 100 for each year that the worker is missing to serve the sixty-five years of age.
2. By way of derogation from the preceding number, workers entered in the service of Renfe before 14 July 1967, as well as those of Fève entered before 19 December 1969, and provided that at the time of the causative event they are in a high position, they will be able to apply for a retirement pension in accordance with the following rules:
1. It will be necessary to have fifty-five years of age and twenty-five years of services listed on the date of entry into force of this Royal Decree.
2. The percentage of the pension applicable to the regulatory base shall be reduced by one percentage per year in advance of retirement in respect of the general minimum age of sixty-five years, according to the following scale:
| Percentage of reduction regulatory base for each missing year to be sixty-five | ||
|---|---|---|
| 1. ° | ||
|
2. | 2. | 2 |
| 3.5 | ||
| 4. ° | ||
| 6.5 | ||
| 6. ° | 8 |
For the purposes of applying this rule, fractions of the year less than one semester shall be held in contempt, and equal to or greater than one semester shall be computed as a full year.
3. The retirement pension shall be incompatible with the employment of the pensioner or of the pensioner.
3. The higher costs incurred by the application of the rules contained in No 2, in respect of which the application of the provisions referred to in No 1 would apply, shall be financed, in respect of the workers concerned, by the undertakings mentioned.
Third.
1. During the financial year 1987, the maximum contribution basis for trade representatives shall be 54,210 pesetas per month.
2. The Actual Social Security Contributions Decrees which are approved in the successive economic years shall lay down the maximum contribution bases applicable to the collective of representatives of trade, so that, in a gradual manner, In 1990, they reached the same amounts as those laid down, as a general rule, for the professional categories included in Group 5 of the General System of Social Security.
3. Trade representatives who, in accordance with the legislation in force in their special arrangements, were to be listed, before 1 January 1987, on a basis which exceeded that laid down in No 1, may continue to maintain that or increase it by the same percentage in which the maximum bases of the General Regime have increased.
The share portion corresponding to the excess of the chosen base referred to in the preceding paragraph on the maximum basis set at number 1 shall be the sole responsibility of the trade representative himself.
Similar rules will apply in successive economic years until the maximum contribution base of the trade representatives is not equated with those established, in general, for the professional categories listed in Group 5 of the General System of Social Security contributions.
Fourth.
1. During the financial year 1987, the maximum bases applicable to the contribution by professional artists who are incorporated into the General Social Security Scheme shall be equivalent to 50 per 100 of those governing, in general and for the different trading groups, under the given scheme.
2. The Real Decrees on Social Security contributions to be adopted in the successive financial years will set the maximum rates of contribution applicable to the artists ' collective, so that they will gradually reach them in 1996. amounts corresponding to the General Regime for each of the groups referred to in Article
.Fifth
For the purposes of the provisions of the second transitional provision of Law 26/1985 of 31 July 1985, the minimum period payable for the right to a retirement pension to artists who were or would have been, before 1 January January 1987, in the High in the Special Regime of Artists, will be the one that results from adding to the Minino period established in the aforementioned Special Regime before the entry into force of Law 26/1985, of July 31, half of the time between that date and the date of the event causing the retirement, until the period thus determined reaches the fifteen years.
Sixth.
During the first five years of the present Royal Decree, the percentage applicable to the regulatory base to determine the amount of retirement pensions caused by the professional groups and groups on the high, Before 1 January 1987, in the Special Arrangements for Artists, it shall be as follows:
(a) For pensions caused in the first two years, that established in the legislation of the Regime of provenance.
b) For those caused during the third year, the one established according to years of contribution in the Integration Regime, plus three quarters of the difference between this and the indicated for the same number of years quoted in the legislation of the Regime of provenance.
(c) For those caused in the fourth and fifth years, those laid down in the Integration Scheme according to years of contributions, plus half and a quarter, respectively, of the same difference as referred to in point (b).
Seventh.
1. For the purpose of covering the minimum contribution period required for the retirement pension in the General Social Security Scheme, each of the three contributions made in accordance with the legislation preceding Royal Decree 1024/1981 of 22 May 1981, shall be equal to one month's contribution in the Special Scheme of Toreros, and the number of excess contributions less than three, if any, is completed by one month.
2. In order to determine the percentage applicable to the regulatory base for fixing the amount of the retirement pension, the calculation referred to in the preceding paragraph shall apply only to the three hundred and sixty first contributions made in accordance with the to such legislation; in respect of the remaining, each two contributions shall be equal to one month's contribution, with the excess of one month remaining, if any.
Eighth.
1. The Taurian professionals who, on 1 January 1987, are on the ground in the Special Regime of Toreros, may sign a Special Convention with the following conditions:
(a) The deadline for requesting it shall be ninety days after the date specified in the preceding paragraph.
b) Having accredited thirty-six monthly allowances in the Toreros Regime. For this purpose, the contributions made prior to the entry into force of Royal Decree 1024/1981 shall be taken into account in the form laid down in the transitional provision sixth, 1, of the same.
c) Commit to paying the corresponding fees from the date of validity of the Convention.
d) The Taurino professional may choose a contribution basis which is between the minimum base of the General Scheme and the ceiling of the basis of contributions which, under the previous legislation, could be chosen by the Taurine professionals who are missing ten or fewer years to reach retirement age.
2. As not provided for in this provision, the provisions of the Order of 30 October 1985 for the Special Convention on the Social Security System shall apply as a general rule.
Ninth.
Taurine professionals who were or would have been in the Special System of Toreros before 1 January 1987, will be considered as listed, for the sole purpose of the percentage on the basis of the regulatory base. of the retirement pension, half of the years between the age provided for in Article 18, for each professional category, and the general rule laid down in Article 154 (1) of the General Law on Social Security.
10th.
1. During 1987, the maximum contribution bases applicable to the Taurian professionals will be equivalent to 50% of those which govern, in general terms and for the various contribution groups in the General Safety Regime. Social.
2. The Royal Decree on Social Security contributions adopted in the successive financial years will lay down the maximum rates of contribution applicable to the collective of taurine professionals, in order to gradually achieve them, in 1990, the same amounts as the corresponding amounts in the General Scheme for each of the contribution groups referred to in Article 14.
3. By way of derogation from the foregoing, the professionals who, in accordance with the legislation of the Special Regime, were to be listed before 1 January 1987 on a basis of contributions exceeding the rate laid down in No 1, may continue to maintaining or increasing it by the same percentage in which the maximum contribution bases have been increased in the General Social Security Scheme.
The share of the share corresponding to the excess of the chosen contribution base referred to in the preceding paragraph on the maximum basis of quotation established for each listing group shall be the exclusive charge of the trading group itself. Taurino professional.
Similar rules will apply in successive financial years until the bases of contribution applicable to the professional taurines are not equated with those established, in general, for the trading groups in which such professionals are bound, as referred to in Article 14.
11th.
1. To the collective which, on 1 January 1987, was or would have been on the High in the Special Regime of Book Writers, the provisions of the third transitional provision of Law 26/1985 of 31 July, as regards the progressive implementation of the period to be taken into account for the determination of the statutory basis for retirement pensions and permanent invalidity arising from common sickness.
2. Book writers, in whom the requirements laid down in the preceding number are met and are in high or in a situation assimilated at the time of the causative event, may cause death and survival benefits through the application of the following rules:
1. The period of absence will be the result of increasing the period required in the Special Regime of Book Writers, with as many full months as they have elapsed between January 1, 1987 and the date of the event. causing, with a maximum of sixty months.
2. The regulatory basis shall be the quotient of dividing the period of absence required at any time by the number of months for which the said period comprises, with a minimum, in any case, of the result of dividing by 24 the sum of the 24 Benefits chosen by the beneficiary.
The need to compute for the calculation of the regulatory base may be chosen in the period of the ten years immediately preceding the causative event.
3. The rules laid down in No 2 shall also apply in order to determine the right to a permanent invalidity pension arising from an accident, and the amount of such pension, from the writers of books who meet the requirements laid down in that accident.
12th.
1. Persons who, on 1 January 1987, were in high or in a situation treated as high and had the age and period of absence required to claim entitlement to the retirement pension under the Conditions of employment they shall retain the option for that right under the same conditions as they required for the day before that date, applying for the determination of their amount the rules on revaluation that they proceed.
2. The provisions of the preceding number shall not apply to the workers included in the extinguished Special Regime of Ferrovial, to whom the content of the second transitional provision of this Royal Decree affects them.
13th.
1. Workers in one of the integrated Special Regimenes who, by reason of simultaneous or successive membership of another group or professional activity, shall already form part of the scope of the integration regime of that group, may cause concurrent pensions for the same contingency or situation under both integration and provenance regimes, for which it will be necessary for them to fulfil all the conditions required by the respective legislations of both of 1 January 1987.
2. In another case, the single pension scheme for the integration scheme will be recognised and calculated on the basis of the contribution periods completed in the two schemes, taking into account the overlapping of the number of persons in employment.
3. The workers referred to in No 1 may opt for the application of the number 2 for the determination of their pension rights and for the calculation of their pension rights.
4. The retirement options provided for in this provision are without prejudice to those laid down in the transitional provisions of Law 26/1985 of 31 July on Urgent Measures for the Rationalization of the Structure and the Protection of the Social Security.
Fourteenth.
Special Conventions for the assimilation of the high subscribed under the laws of the integrated regimes shall remain in full force, with the extension and the content provided for in the corresponding Regime of integration. Their extinction will also be governed by the legislation under which they were concluded.
FINAL PROVISIONS
First.
1. The following provisions are hereby repealed as soon as the provisions of this Royal Decree are concerned:
(a) Decree 2133/1975 of 24 July, Order of 29 November of the same year and other rules for the application and development of the Special Regime of Artists.
(b) Royal Decree 1024/1981 of 22 May 1982, Order of 21 July 1982 concerning the Special Regime of Toreros, and detailed rules for implementation and implementation.
c) Decree 2409/1975, of 23 August, Order of 24 January 1976 and other rules laid down for the implementation and development of the Special Regime of Trade Representatives.
(d) Decree 2824/1974 of 9 August, and rules for the application and development of the Social Security of Railway Workers.
e) Royal Decree 2806/1979 of 7 December 1979 and regulations for the application and development of the Special Regime of Professional Players of Football.
f) Royal Decree 3262/1970 of 29 October, and rules for the application of the Special Regime for Book Writers.
2. However, the provisions of No 1, the rules in the list and, as far as is necessary, those laid down for their development and implementation shall retain the validity of the duration and limits laid down in the preceding transitional provisions.
3. Furthermore, the provisions on scope of application contained in the repealed rules will remain fully effective in order to determine the new extension of those corresponding to the General and Special Regulations of Autonomous Workers, such as the consequences of the integration into them of the missing regimes or the inclusion of new categories and professional groups.
Second.
1. The Minister of Labour and Social Security is empowered to issue any general provisions necessary for the application of this Royal Decree.
2. The integration provided for in this Royal Decree will take effect on 1 January 1987.
Given in Madrid on December 24, 1986.
JOHN CARLOS R.
The Minister of Labour and Social Security,
MANUEL CHAVES GONZALEZ
