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Order Of October 30, 1985 Which Regulates The Special Agreement On The Social Security System.

Original Language Title: Orden de 30 de octubre de 1985 por la que se regula el Convenio especial en el sistema de la Seguridad Social.

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TEXT

Illustrious lords:

Article 95 (2) of the General Law on Social Security, adopted by Decree 2065/1974 of 30 May 1974, provides that for certain contingencies and benefits, and with the scope and conditions which it regulates establish, take into account the situation of discharge in the General System of Social Security, the special convention which is concluded with the entities managing the social security system, a legal provision whose origin is derived from the content of Article 93.2 of the Law of the Social Security of 21 April 1966, which is found in the precept of the Law cited above, and which was developed by the Order of 1 September 1973.

Furthermore, the rules governing the various social security schemes provide for the possibility of concluding a special convention, under the conditions laid down in regulation, to cover certain contingencies and benefits.

The different configuration and the different regulatory regulations of the special convention in the different regimes that make up the social security system have led to the fact that there are differences, both in terms of refers to contingencies as to the requirements and conditions, in the subscription of the Special Convention, in the case of the General Regime or the special regimes not assimilated to it.

Since the purpose of the Special Convention is the same, regardless of the Social Security Regime in which it is subscribed, it seems advisable to unify in one provision the regulatory regulations of this the situation treated as high, subject to the same conditions and conditions, and covering the same contingencies as the Social Security Scheme in which the subscription of the Convention takes place.

In its virtue, this Ministry has arranged:

Article 1. Assimilation to the high situation.

Those who subscribe to the Special Convention which is governed by this Order shall be subject to the scope and conditions laid down therein, in a situation similar to that of the High in the social security system in question.

Article 2. Protective action.

1. The purpose of the Special Convention shall be to cover the benefits of permanent invalidity and death, and survivors of common sickness and non-occupational accidents, retirement and social services.

2. The benefits referred to in the preceding number shall be granted in accordance with the rules governing the social security scheme in question.

Article 3. Subjects who may subscribe to the Special Convention.

You can subscribe Special Convention:

(a) Workers who cause a low in the Social Security Regime in which they were registered and do not fall within any other system of the Social Security system which they have established with that calculation reciprocal of quotes.

(b) Total permanent invalidity pensioners for their usual profession who, after the date of the corresponding pension, have completed work determining their inclusion in the field of application of the any of the schemes which make up the Social Security system and are in the situation provided for in the preceding paragraph, provided that, in the light of such work, they have the required period of contribution.

Article 4. Requirements for subscribing to the Special Convention.

To subscribe to the special convention regulated in the above articles, the following requirements and conditions will be required:

(a) Requesting it before the Social Security Territorial Treasury, or, as the case may be, the Provincial Directorate of the Social Institute of the Navy, within the ninety calendar days following that of its discharge in the Security Regime Social in which I was framed.

The 90-day period shall be computed for those workers who are receiving economic benefits from a contributory level of unemployment, from the day following that in which the right to unemployment has been extinguished. the benefit is paid by the worker in the social security scheme in question.

The subscription period shall remain in force until the last day of the fourth calendar month following that of your departure from the national territory for workers who emigrate to countries in which the legislation applicable to migrants does not recognize them as a situation equivalent to that of assimilation to the high in the Spanish Social Security. Such circumstances will be credited by the timely certification of the Spanish Emigration Institute.

(b) To accompany the application for a declaration on the occupation to which it is to be engaged.

(c) Have a minimum period of contributions of one thousand and eighty days within the seven years immediately preceding the date of their discharge in the Social Security System concerned. For the coverage of that period, account shall be taken of the contributions made to other social security schemes which have established the reciprocal calculation of the scheme in which the worker was discharged.

However, the migrant workers who are determined in the third subparagraph of paragraph (a) above and the workers who are causing leave under the provisions of Article 46 (3) of the Staff Regulations do not the quotation period shall be required.

d) Commit to pay the amount of the fee to be paid by the Social Security.

Article 5. Effects.

The date of initiation of effects of the Special Convention shall be the date of submission of the application to the corresponding managing body.

Article 6. Quote Base.

1. The monthly basis for listing in the Special Convention shall be the result of multiplying by 30 the ratio resulting from dividing the sum of the bases by which the worker has been quoted during the three hundred and sixty-five days preceding the the person in which he or she has caused a fall, for the number of days referred to in that quotation.

2. Whenever, during the period of validity of the Special Convention, the minimum rates of contribution of the scheme in question are amended, the contribution base corresponding to the Convention may be increased in the same way as percentage which has experienced the minimum basis for such a scheme, and must be rounded up by default or excess, in accordance with the rules in force, and without the new contribution base being higher than the maximum base of the professional category of the worker, in those schemes which have it established.

The choice of the new quotation basis shall be made by the worker within 30 days of the date of such amendment.

3. In no case shall the amount of the contribution base be lower than that of the minimum base which, at any time, is laid down in the relevant Social Security Scheme. In those schemes in which the various occupational categories are to be taken into account for the purposes of listing, the minimum base shall be that corresponding to the contribution group in which the professional category of the worker.

Article 7. Determination of the fee to be entered.

1. The following rules shall be taken into account in determining the contribution to be made:

(a) The full quota shall be calculated, taking into account the appropriate basis and the single rate of contribution to the Social Security Scheme concerned.

(b) The result obtained shall be multiplied by the appropriate coefficient, and the resulting product shall be the quota to be entered.

2. Notwithstanding the foregoing, the contribution of the Special Convention for the Special Agricultural Regime to the Special Convention shall be made in accordance with the rates in force therein.

Article 8. Coefficients.

The coefficient to be applied for the contribution in the situation of the Special Convention shall be that which is fixed annually by the Ministry of Labour and Social Security.

Article 9. Causes of extinction of the Special Convention.

The Special Convention shall be extinguished by any of the following:

a) For non-payment of the quotas corresponding to three monthly payments.

(b) To be the person concerned in the field of application of any social security scheme which has established reciprocal calculation of contributions with the scheme under which the Convention was concluded special.

c) For acquiring the status of pensioner by retirement or permanent invalidity in any of the schemes referred to in the previous paragraph.

d) By decision of the interested party, communicated in writing to the Social Security Territorial Treasury or, if necessary, to the Provincial Directorate of the Social Institute of the Navy. The extinction shall take place from day 1 of the month following the date of the written communication.

e) By death of the data subject.

Article 10. Special Convention Models.

The special conventions to be subscribed in accordance with the provisions of this Order shall be in accordance with the models approved by the Directorate-General of the Legal System of Social Security, on a proposal from the Treasury General of Social Security and the Social Institute of the Navy.

Additional disposition.

1. The provisions of this Order shall not apply to the Special Regiments of Social Security of officials of the Civil Administration of the State, the Military Administration, the Administration of Justice and the Administration Local.

2. Nor shall the provisions of this Order be applied to the special Conventions established in favour of Members and Senators, of Parliamentarians and members of the Autonomous Governments, and of the Spanish non-residents in the national territory which have the status of officials of Intergovernmental International Organizations, to the contracts referred to in Article 21 of the General Regulation of Labor Mutualism, of 10 September 1954, nor affect the provisions of the Decree 1075/1970 of 9 April 1970 and the implementing rules for health care migrant workers and their families, as well as the special convention which may be concluded by part-time workers referred to in the sixth paragraph of the Resolution of the Subsecretariat of Social Security of 1 February 1982.

First transient disposition.

Those who have a special Convention under previous provisions may subscribe to the one that is governed by this Order, provided that they so request prior to the last day of the month following that of the publication of this Order.

Those who do not make the indicated application will continue to be governed as regards the protective action, by specific rules applicable to the special convention they have subscribed to.

Second transient disposition.

Those migrant workers resident in the country of employment who, in their day, meeting the conditions required for that purpose, would not have subscribed to the special Convention governed by Chapter II of the Order of 1 September 1973, may subscribe to the special Convention which is governed by this Order, within six calendar months of the date of its publication in the "Official State Gazette", its initial effects being from the date of publication.

However, within the requirements referred to in the preceding paragraph, the period of absence is excepted, even if the emigration is not assisted by the Spanish Institute of Emigration.

Transient Disposition third.

1. The minimum contribution period provided for in Article 4 (c), as one of the conditions required for the subscription of the special Convention, shall be required of workers who are causing leave from the same day of entry into force. of this Order.

notwithstanding the foregoing, the workers covered by one of the Social Security Regulations in which prior to the validity of this Order a lower contribution period was required than that established in the must be covered by the date of subscription of the appropriate special convention, the period of contribution resulting from the addition to which the scheme concerned is required, the time between the date of entry into force of the disposition and the disposition of the lower.

2. The period to be required of workers who are causing leave before the entry into force of this Order, and sign the special Convention within the time limit laid down in the rules in force on the date of their absence in the relevant Social Security, shall be as set out in the given Regime.

Repeal provision.

1. The following provisions are hereby repealed with regard to the General Regime, to the Special Regiments referred to in this matter and to those referred to below:

General System of Social Security: The Order of 1 September 1973, which regulates the Special Convention with the Management Entities of the General System of Social Security; the Order of 20 June 1979, for which Article 3 of the previous Order is amended; the Resolution of the Directorate-General for Legal Regime of Social Security of 2 July 1979 updating the bases for listing in the situation of the Special Convention with the Entities managing the General System of Social Security and the Order of 3 February 1984, for which the modifies the one of 1 September 1973.

Special Regime for Social Security of Workers for the Account of Own or Self-Employed: Article 71 of the Order of 24 September 1970, which provides for rules for the application and development of this Special Regime.

Agricultural Special Scheme for Social Security: The Order of 1 July 1974, which regulates the special Convention with the National Agricultural Mutual Fund for Social Security.

Special Regime of the Social Security of Artists: Article 31 of the Order of 29 November 1975, for the implementation and development of Decree 2133/1975 of 24 July, which regulates this Special Regime.

Special Regime of Social Security of the Trade Representatives: Article 60 of the Order of 24 January 1976 for the implementation and development of Decree 2409/1975 of 23 August, which regulates this Regime Special.

Special Regime for Social Security of Coal Mining: Article 15 of the Order of 3 April 1973 for the implementation and development of Decree 298/1973 of 8 February on the updating of this Special Regime.

Special Regime for Social Security of Book Writers: The Resolution of the General Directorate of Social Security of 7 August 1972.

Special Regime for Social Security of the Toreros: Article 6. The order of 21 July 1982, for which the rules of application and development in the field of protective action of Royal Decree 1024/1981, of 22 May, on which this Special Regime is regulated, are dictated.

2. Likewise, all provisions of equal or lower rank shall be repealed as soon as they object to the provisions of this Order.

First disposition first.

This Order shall enter into force on 1 January 1986.

Final disposition second.

The Directorate-General of the Legal System of Social Security is empowered to resolve any questions of a general nature in the application of this Order.

What I communicate to VV. II. for their knowledge and effects.

Madrid, October 30, 1985.

ALMUNIA AMANN

lllmos. Mr Deputy Secretary of the Department and Secretary General for Social Security.