THE ORDER OF THE PRESIDENCY OF THE GOVERNMENT OF 5 MAY 1980 ON HEALTH CARE FOR SPANISH PENSIONERS OF SOCIAL SECURITY IN SWITZERLAND WHO MOVE THEIR RESIDENCE TO SPAIN, PROVIDES THAT SUCH PENSIONERS MAY OBTAIN THE RIGHT TO THE RECOGNITION OF SUCH ASSISTANCE WITH THE EXTENSION LAID DOWN IN THE GENERAL SOCIAL SECURITY SCHEME, BY SUBSCRIBING TO THE APPROPRIATE AGREEMENT WITH THE MANAGING BODY AND THE PAYMENT OF THE AMOUNT FOR EACH FINANCIAL YEAR SET THE MINISTRY OF LABOUR AND SOCIAL SECURITY.

IN COMPLIANCE WITH THAT ORDER, THE RESOLUTION OF 20 JUNE 1980, OF THE THEN DIRECTORATE-GENERAL FOR THE LEGAL SYSTEM OF SOCIAL SECURITY, LAID DOWN RULES FOR THE APPLICATION OF THAT ORDER AND APPROVED THE MODELS OF THE CONVENTION. SPECIAL HEALTH CARE AND CONTRIBUTION BULLETIN, WHICH ARE LISTED AS ANNEXES TO THE PROPOSED RESOLUTION.

NOW, THE ABOVEMENTIONED MODELS HAVE BEEN UPDATED WITH THE PUBLICATION IN THE OFFICIAL STATE BULLETIN OF 28 OCTOBER 1983 OF THE INSTRUMENT OF RATIFICATION OF THE ADDITIONAL CONVENTION OF 24 NOVEMBER 1982. SOCIAL SECURITY BETWEEN SPAIN AND THE SWISS CONFEDERATION OF 13 OCTOBER 1969, SIGNED IN BERN ON 11 JUNE 1982, IN RESPECT OF THE RIGHT TO THE PROVISION OF HEALTH CARE WITH A VIEW TO SAFETY AT POINT 17 OF THAT INSTRUMENT SOCIAL SPANISH IS ESTABLISHED INDISCRIMINATELY FOR RESIDENTS IN SPAIN, BENEFICIARIES OF THE DIFFERENT CATEGORIES OF SOCIAL SECURITY PENSIONS, WHEN THEY ARE NOT MADE DIFFERENT DEPENDING ON WHETHER THEIR NATIONALITY IS SWISS OR SPANISH.

IN ITS VIRTUE, THIS GENERAL DIRECTION OF ECONOMIC AND LEGAL REGIME OF SOCIAL SECURITY, IN USE OF THE POWERS CONFERRED BY THE FINAL DISPOSITION OF THE ORDER OF 5 MAY 1980, RESOLVES:

APPROVE THE MODELS OF THE SPECIAL CONVENTION FOR HEALTH CARE AND THE NEWSLETTER, WHICH ARE LISTED AS ANNEXES I AND II TO THIS RESOLUTION.

BY THE NATIONAL INSTITUTE OF SOCIAL SECURITY, IT WILL ALSO BE POSSIBLE TO EDIT THE PRINTED NEWSLETTER, IN BOTH CASES IN A CENTRALIZED MANNER, WITH THE MENTION OF THE MENTIONED MODELS, FOR THEIR REFERENCE TO THE ADDRESSES PROVINCIAL OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY AND THE TERRITORIAL TREASURIES, RESPECTIVELY.

MADRID, APRIL 23, 1985. -DIRECTOR GENERAL, ADOLFO JIMENEZ FERNANDEZ.

ANNEX I

HEALTHCARE SPECIAL CONVENTION MODEL

DON ... OF NATIONALITY ..., HOLDER OF A PENSION OF ..., UNDER THE SOCIAL SECURITY LEGISLATION OF SWITZERLAND, DECLARES THAT HE HAS ESTABLISHED HIS HABITUAL RESIDENCE IN SPAIN, AT THE FOLLOWING ADDRESS: LOCALITY ..., PROVINCE ..., CALLE/PLAZA ..., NUMBER ...

BY THE NATIONAL INSTITUTE OF SOCIAL SECURITY, AND IN ITS REPRESENTATION BY THE PROVINCIAL DIRECTOR IN ..., IT IS RECOGNIZED THAT THE MENTIONED PENSIONER, AS WELL AS THE RELATIVES IN HIS OFFICE WHO WITH THE CONVIVAN, MEET THE CONDITIONS NECESSARY TO BENEFIT FROM THE HEALTH CARE BENEFITS OF SPANISH SOCIAL SECURITY, WHILE RESIDING IN SPAIN, IN APPLICATION OF THE PROVISIONS OF THE ORDER OF THE PRESIDENCY OF THE GOVERNMENT OF 5 MAY 1980, ON ASSISTANCE HEALTH INSURANCE TO SPANISH PENSIONERS OF THE SOCIAL SECURITY OF SWITZERLAND WHO MOVE THEIR RESIDENCE TO SPAIN OR THE INSTRUMENT OF RATIFICATION OF 24 NOVEMBER 1982 OF THE ADDITIONAL CONVENTION TO THE CONVENTION ON SOCIAL SECURITY BETWEEN SPAIN AND THE SWISS CONFEDERATION OF 13 OCTOBER 1969 SIGNED IN BERN ON 11 JUNE 1982 ON THE BENEFICIARIES OF PENSIONS PROVIDED FOR BY THE SWISS FEDERAL SOCIAL SECURITY LEGISLATION, RESIDING IN SPAIN.

IN ITS VIRTUE AND FOR SUCH PURPOSES, THE NATIONAL INSTITUTE OF SOCIAL SECURITY, ON THE ONE HAND, AND PENSIONER DON ..., ON THE OTHER HAND, GRANT THIS SPECIAL CONVENTION, WITH THE FOLLOWING CLAUSES:

FIRST. -XX_ENCODE_CASE_CAPS_LOCK_ON pensioner ' s rights.

WHILE THE PENSIONER COMPLIES WITH THE OBLIGATIONS SET OUT IN THE PROVISIONS OF THIS CONVENTION, HE SHALL BE ENTITLED, FOR HIMSELF AND FOR THE MEMBERS OF THE FAMILY TO HIS OFFICE, TO THE BENEFITS OF HEALTH CARE FOR SICKNESS, MATERNITY OR NON-EMPLOYMENT ACCIDENT IN SPANISH SOCIAL SECURITY, IN THE SAME EXTENSION AND IN ACCORDANCE WITH THE SAME PROCEDURES AS THOSE GOVERNING A PENSIONER IN SPANISH SOCIAL SECURITY.

SECOND. OBLIGATIONS OF THE PENSIONER.

A) THE PENSIONER IS OBLIGED TO PAY TO THE SPANISH SOCIAL SECURITY, DURING THE TERM OF THIS CONVENTION, A MONTHLY FEE OF PESETAS ..., FOR THE YEAR ....

THE AMOUNT OF THIS FEE WILL BE REVIEWED ANNUALLY AT THE DISPOSAL OF THE MINISTRY OF LABOR AND SOCIAL SECURITY, IN ACCORDANCE WITH THE VARIATIONS THAT WILL BE EXPERIENCED IN THE COSTS OF HEALTH CARE IN SPANISH SOCIAL SECURITY. THE CORRESPONDING TERRITORIAL TREASURY OF SOCIAL SECURITY SHALL NOTIFY THE PENSIONER, BY REGISTERED MAIL AND WITH ACKNOWLEDGEMENT OF RECEIPT, OF THE SUCCESSIVE NEW AMOUNTS OF THE QUOTAS TO BE FIXED AND THE RESPECTIVE DATES OF ENTRY INTO FORCE.

B) THE PAYMENT OF THE FEE SHALL BE MADE IN ADVANCE OF MONTHLY PAYMENTS, WITHIN THE PERIOD OF THE FIRST FIFTEEN DAYS OF THE MONTH TO WHICH THE SETTLEMENT CORRESPONDS, BY MEANS OF THE QUOTATION BULLETIN SPECIALLY ESTABLISHED FOR THESE PURPOSES. THE INCOME SHALL BE MADE THROUGH THE BANKS, SAVINGS BANKS OR OTHER MEANS ESTABLISHED BY THE GENERAL TREASURY OF SOCIAL SECURITY. THE FEES PAID OUT OF THE ESTABLISHED TIME LIMIT, WILL HAVE THE DEFAULT SURCHARGE PROVIDED FOR IN THE CURRENT REGULATIONS.

(C) THE PENSIONER IS OBLIGED TO IMMEDIATELY INFORM THE NATIONAL INSTITUTE OF SOCIAL SECURITY OF ANY CHANGE OF RESIDENCE AND ANY CIRCUMSTANCE WHICH CHANGES OR AFFECTS THE RIGHTS AND OBLIGATIONS OF THE PRESENT SPECIAL CONVENTION, WHETHER THEY REFER TO THE PENSIONER HIMSELF OR THE FAMILY MEMBERS OF HIS OR HER FAMILY.

THIRD. -XX_ENCODE_CASE_CAPS_LOCK_ON causes of resolution.

THIS SPECIAL CONVENTION SHALL BE RESOLVED BY ANY OF THE FOLLOWING:

(A) FOR FAILURE TO PAY THE FEES CORRESPONDING TO TWO CONSECUTIVE MONTHLY PAYMENTS.

(B) THE PENSIONER SHOULD BE LEFT, ON THE BASIS OF A WORK CARRIED OUT IN SPAIN, SUBJECT TO THE LEGISLATION OF SPANISH SOCIAL SECURITY, IN ACCORDANCE WITH THE PROVISIONS OF TITLE II OF THE CONVENTION ON SOCIAL SECURITY BETWEEN SPAIN AND SWITZERLAND OF 13 OCTOBER 1969.

C) BY VOLUNTARY DECISION OF THE PENSIONER, NOTIFIED TO THE NATIONAL INSTITUTE OF SOCIAL SECURITY THIRTY DAYS IN ADVANCE AT LEAST.

D) TO STOP RESIDING IN SPANISH TERRITORY.

E) BY LOSS OF PENSIONER STATUS.

F) BY DEATH OF THE PENSIONER.

IN ANY CASE, THE EFFECTIVENESS OF THE RESOLUTION OF THIS CONVENTION SHALL TAKE PLACE FROM THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH ONE OF THE EXPRESSED CAUSES OF RESOLUTION OCCURS.

FOURTH. -ENTRY INTO EFFECT.

THIS CONVENTION ENTERS INTO FORCE ON THE FIRST DAY OF THE MONTH FOLLOWING YOUR SIGNATURE.

WHAT IN PROOF OF CONFORMITY THEY SIGN BOTH PARTS IN DUPLICATE, REMAINING IN POWER OF EACH ONE OF THEM.

IN ... A ... OF ... OF 198 ..

THE PENSIONER

(FIRMA)

THE PROVINCIAL DIRECTOR OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY

(SIGNATURE AND STAMP)

(ANNEX II OMITTED)