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Order Of 21 July 1982 By Which Dictate Rules Of Application And Development In The Field Of Protective Action Of The Real Decree 1024 / 1981, Dated 22 May, Which Regulates The Special Regime Of The Social Security Of The Bullfighters.

Original Language Title: Orden de 21 de julio de 1982 por la que se dictan normas de aplicación y desarrollo en materia de acción protectora del Real Decreto 1024/1981, de 22 de mayo, por el que se regula el Régimen Especial de la Seguridad Social de los Toreros.

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TEXT

The Royal Decree 1024/1981, of 22 May, came to regulate again the Special Regime of Social Security of the Toreros and was properly developed in matters of affiliation, ups, downs, quotation and collection by the Order of 30 December 1981.

It is therefore necessary to supplement the implementing and development rules by dictating those corresponding to the protective action in the use of the authorization conferred on the Ministry of Labour and Social Security in the final provision First of the reference Royal Decree.

In its virtue, this Ministry has had to dispose:

FIRST SECTION

General rules

Article 1. Scope of the protective action.

1. The protective action of this Special Regime shall comprise:

(a) Health care in cases of common or professional illness, maternity and accident whether or not work.

b) Economic provision in the situation of temporary incapacity for work, due to the contingencies mentioned above-in the previous paragraph.

c) Benefits and Recovery Allowance.

(d) The economic situation of the temporary invalidity and permanent invalidity in the degree of total incapacity for the usual profession, absolute incapacity for all work and great invalidity, as well as for injuries non-invalidating permanent character.

e) Economic retirement for retirement.

f) Economic benefits for death and survival.

g) Family protection benefits, both periodic and single-payer.

h) Social services and supplementary benefits.

i) Health care for pensioners.

2. The contingencies and situations provided for in this Special Regime shall be construed as defined, for such purposes. in respect of each of them in the General System of Social Security except as provided for in Royal Decree 1024/1981 of 22 May 1981 and in this Order.

Art. 2. Conditions of entitlement to benefits.

1. The conditions of entitlement to benefits and other benefits, as well as their scope, content, form and amounts, shall be as determined in Royal Decree 1024/1981 of 22 May 1981 and in this Order, being applicable to the non-foreseen. by them as laid down in the rules governing the General Regime.

2. Persons included in the field of application of this Special Regime shall be entitled to the benefits of this Special Regime when they meet the particular conditions required for each of them, in addition to those indicated in the following number.

3. It is an essential condition for entitlement to benefits, as referred to in paragraphs (a) to (g) of Article 1 (1) of this Order, with the exception of death aid, which the persons who are to cause them are the current in the payment of the fees payable to them on the date on which the corresponding benefit is understood.

However, in the case of economic benefits for which a minimum period of prior contribution is not required or where the period payable is already covered, the management authority is requested to recognise the the right to benefit, it shall require the beneficiary to make the payment of the fees due within 30 calendar days. If the person concerned completes the requirement within the prescribed period, the condition referred to in this paragraph shall be deemed to be fulfilled. If the revenue from the due allowance is made after the expiry of that period, the right to benefit shall be recognised under the following conditions

(a) In the case of single payment benefits, the amount shall be reduced by 20 per 100.

(b) In the case of pensions, recognition shall only take effect from the first day of the month following the month in which the payment of the fees due has taken place.

(c) In the case of temporary temporary payment subsidies, the provisions set out in the preceding paragraph shall apply, and shall be computed as incurred for the purposes of their maximum duration, the monthly payments from the date of the event causing the payment. the benefit.

4. They will not produce effect for the capabilities:

(a) The contributions made in relation to persons unduly paid in this Special Regime, because they are not included in their field of application in the periods to which they correspond.

(b) The contributions made on the basis of a higher base than the person concerned, for the period to which they relate and in the difference between the two bases.

(c) Quotations that for any other cause have been improperly entered in their corresponding amount and period.

(d) The contributions made in relation to persons who are not on the high in this Special Regime in the period to which they correspond.

However, once the discharge has been carried out, the contributions corresponding to those periods shall have effect, as soon as they are compulsory, in accordance with the provisions of Article 14 of Royal Decree 1024/1981 of 22 May 1981, except for to cover the minimum period of levy payable to cause entitlement to benefits.

Art. 3. Accrual.

1. The accrual of the economic benefits due to temporary incapacity for work, temporary invalidity, periodic allowances for family protection, total permanent incapacity and where, as a result of the revision of the incapacity, there is a change in the permanent invalidity benefits, it shall be governed by the provisions of the rules governing the General Regime.

In the case of economic benefits due to absolute permanent incapacity, great invalidity, retirement and death and survival, the provisions of Articles 12, 15 and 19 of this Order shall apply.

2. The benefits referred to in the preceding number shall cease to be paid on the last day of the month in which the cause of extinction occurs, except for temporary incapacity for work, temporary invalidity, allowances of a periodic nature protection of the family, and where, as a result of the revision of the degree of incapacity, a change in the permanent invalidity benefits occurs in the case of which the provisions of the regulatory provisions of the General Regime apply.

SECOND SECTION

Assimilation to the high

Art. 4. Situations treated as high.

The taurine professionals who cause low in this Special Regime, because they have ceased the activity that resulted in their inclusion in the Special Regime, will be in a situation similar to that of high in the following assumptions:

a) During the ninety calendar days following the last day of the month in which the decline occurs.

b) Incorporation to ranks for military service compliance

c) Subscription of special agreement with the National Social Security Institute.

Art. 5. Compliance with the military service.

1. The professionals who, for joining the ranks to serve the military service, suspend their professional activity, will become in a situation assimilated to the high during the time of the duration of that and the thirty calendar days the following of its licensing.

2. If, in the course of this situation, permanent invalidity benefit is caused, the invalidity allowance may not be payable until the person concerned has received a licence. If the event causing any benefit to which it was not entitled exclusively for the purpose of not covering the minimum required price period was produced and this could be completed by calculating the amount of time that I measured on the date of discharge, compliance with the military service and the performance of the service, the latter shall be recognised and the fees corresponding to that time shall be deducted from the same time, in the case of periodic benefits, shall be initiated when the total amount of the quotas has been allocated with the due amounts of those.

3. Where the event causing a benefit was produced at a later date than the licence and was not entitled to it exclusively because it did not cover the minimum required contribution period, it could be supplemented by the (a) the time during which the worker has remained in the situation treated as discharge by the military service, the benefit shall be recognised and the fees corresponding to that time shall be deducted from the same; application in this respect to the provisions of the preceding number for the case of periodic benefits

For the application of the provisions of this number it will be indispensable condition that the high by reinstatement to the work takes place within the thirty calendar days following the graduate of the worker.

4. For the purposes of calculating the quotas for the deductions referred to in the two preceding numbers, the last of the worker shall be taken as the basis of quotation at the time of entry into the ranks.

5. The situation as referred to in paragraph 1 of this Article shall be extinguished by any of the following:

(a) Due to the expiration of the period specified therein.

b) By the resumption of the activity in the course of that period.

Art. 6. Special Convention.

1. The professionals who cause a reduction in this Special Regime for the cessation of the activity that motivated the inclusion in it will be able to enter into special agreement with the National Institute of Social Security, provided that they meet the conditions following:

a) Request it within ninety calendar days following the last one of the month of its discharge.

b) Having covered the minimum period of contribution to this Special Regime of 24 months, within the seven years immediately preceding its discharge in the Special Regime, and being current in the quotation

c) Commit to paying the corresponding fees from day 1 of the month following that of its discharge.

2. In the case of contributions and contributions, the provisions of the general nature of the profession will be made available to the professionals. However, the initial contribution base shall be that which the professional has in the month in which the special scheme falls.

3. The situations and contingencies protected by the special agreement are as follows:

(a) Retirement, permanent invalidity and death and survival resulting from common illness or non-work accident.

b) Social services and supplementary benefits.

4. The special agreement will be in line with the model which, on a proposal from the National Social Security Institute, will be approved by the Directorate-General for the Economic System of Social Security.

5. The special agreement shall be extinguished by any of the following:

(a) Lack of payment of the quotas corresponding to three required monthly payments.

(b) The person concerned must be included in the field of application of this Special Regime or any other with which he has established reciprocal contributions.

c) Pass the person concerned to be a pensioner or permanent disability.

d) Decision of the person concerned, communicated in writing to the Provincial Directorate of the National Institute of Social Security, within the calendar month in which the extinction occurs.

e) By death of the holder.

6. The subscription of the special convention set out in this Article shall be compatible with that provided for in Article 10 and the subscription to it.

Art. 7. The regulatory basis for the benefits.

1. For benefits the amount of which is determined on the basis of a regulatory basis, it shall be calculated as follows:

(a) For the temporary incapacity for work allowance, it shall be equivalent to the amount of the contribution base of the person concerned for the last month that he has previously paid to the person in which the medical discharge occurs. Such a regulatory basis may in no case be lower than the amount which has the minimum basis for listing this Special Scheme provided for in Article 16.3 of Royal Decree 1024/1981 of 22 May 1981 on the date of the causative event.

(b) For economic benefits for permanent invalidity and death and survival, it shall be the quotient to divide by 40 and two the sum of the contributions bases of the person concerned in an uninterrupted period of 30 years. and six months, chosen by the beneficiary.

However, in the case of death and survival benefits, the subject of which is the cause of death. (a) a retirement or invalidity pensioner of that special scheme, the amount of which is determined on the basis of the regulatory base, the latter being the same as the one for determining the original pension. The amount of the pension resulting from that basis shall be increased by the amount of the improvements or revaluations which, for benefits of the same nature by death and survival, have taken place in this Special Regime from the the date of the event causing the pension from which it is derived.

(c) For the retirement pension, it shall be the ratio which is divided by forty-two to the sum of the contributions bases of the person concerned for an uninterrupted period of thirty-six months, even if they exist within the same months in which there has been no obligation to list. This last period shall be chosen by the person concerned.

2. No account shall be taken in the period to be taken into account for the calculation of the contribution bases relating to quotas which, having been entered in the same period, correspond to months other than those covered by it.

Art. 8. Extraordinary pensions for pensions.

Pensioners of this Special Regime whose pensions have been determined in accordance with this Chapter shall receive an extraordinary monthly allowance of the same together with the ordinary persons corresponding to the months of June and November of each year.

THIRD SECTION

Particular rules on capabilities

SUBSECTION FIRST

Healthcare

Art. 9. Beneficiaries of health care.

1. They will be beneficiaries of healthcare:

(a) The subjects included in the field of application of this Special Regime which, being affiliated and discharged, have, where appropriate, covered the minimum three-month contribution period of the immediately preceding calendar year, except where the determining contingency has been occupational disease or accident, in which case no minimum period of contribution shall be required. This minimum contribution period will also not be required if the professional is covered by the provision to be entitled to the retirement pension, that is, one hundred and twenty months.

(b) Pensioners and those without such a character are receiving periodic benefits provided that by any other title or condition they are not entitled to receive health care from the Social Security in any of their Schemes.

(c) Family members and persons treated as persons referred to in the preceding paragraphs, provided that they are in the same way as the relationship or assimilation and other conditions required for the same purpose by the General System of Security Social.

d) Those who have subscribed with the Gestora Entity the Special Convention governed by Article 10 of this Order.

2. For the beneficiaries referred to in paragraphs (b) and (c) of the preceding number, health care shall be covered by the corresponding sickness, non-work accident and maternity.

3. Recognition of the right to health care as well as of the status of the beneficiary of family members or similar holders of the right holders shall be the responsibility of the National Social Security Institute and shall be carried out at the request of the interested.

4. The right to health care which is not due to an accident at work or occupational disease shall be born on the day on which recognition of the right for the professional owner of his spouse and children is effected.

For the remaining beneficiaries it will not be born until six months after the application for recognition as such beneficiaries, provided that this is the first time this recognition is carried out; in Other case the right shall be born on the day recognized for the holder.

5. The effectiveness of the right referred to in the preceding number shall start from the fifth day, from the date on which the recognition of the same is carried out, except in the case of injuries resulting from an accident at work or illness. (a) professional, in which case health care shall be provided immediately.

6. In the case of pensioners, the right to health care shall be born and shall be effective for them and their family members or assimilated together, with the right of the holder to receive the pension in question.

7. The right to health care is extinguished for the holder at the end of the 12 calendar months following that of his recognition, without prejudice to the fact that he is again recognised if the conditions required for his/her birth are fulfilled.

However, the right to health care which would have been recognised under the provisions of Article 30 (a), paragraph 1, of Royal Decree 1024/1981 of 22 May shall have an indefinite duration.

The right to assistance shall not be extinguished if the professional is in a situation of temporary incapacity for work or temporary invalidity at the time of the end of the period specified in the paragraph prior to such situations.

Relatives or assimilated persons who have the status of beneficiaries will lose the right to health care when they become extinct or when they cease to meet the conditions required to be a beneficiary.

8. Health care shall be provided with the same content and modalities as those laid down for the General Regime and shall be provided only where the beneficiaries are on national territory.

By way of derogation from the preceding paragraph, where, as a result of the activities abroad of the professionals included in this Special Regime, the following shall be provided for health care. rules:

1. If there is a Convention and the Convention includes the provision of health care and the Special Scheme of Toreros, the Convention shall be subject to the provisions of that Convention.

2. Otherwise, the Taurian professionals shall be entitled to apply for reimbursement of the medical, surgical, hospital and pharmaceutical costs incurred, provided that such expenditure is sufficiently accredited and the professional he would have been obliged to satisfy them.

3. The provisions of this Article shall be without prejudice to the health care to be provided in the wards of the bullring, as provided for in the Taurus Regulations.

Art. 10. Special Convention on Health Care.

1. Professionals to whom the right to health care cannot be recognised as being on the ground, may retain it for themselves and their family members in cases of common sickness, non-employment accident and maternity, by means of the subscription of the appropriate Special Convention with the National Social Security Institute, provided that they meet the following conditions:

(a) Requesting it within the calendar month in which the extinction of the right occurs.

b) Having covered the minimum three-month listing period of the immediately preceding calendar year set out in the previous article.

c) Commit to paying the corresponding fees.

2. The right to health care shall be born and shall be effective on the first day of the calendar month following that in which the application is verified and shall be maintained uninterrupted until the last day of the month in which the Convention is extinguished.

3. The monthly fee shall be fixed annually by the Ministry of Labour and Social Security and its payment shall be made by means of monthly payments within the first fifteen days of the month to which the settlement corresponds.

4. The Special Convention shall conform to the model. at the proposal of the National Social Security Institute, approve the Directorate-General for Economic Regime for Social Security.

The monthly contributions will be made through the "newsletter", whose model will be approved by the Directorate General of the Economic Regime for Social Security, on the proposal of the General Treasury of Social Security.

5. The Special Convention shall be extinguished by one of the causes listed in paragraphs (a), (c), (d) and (e) of Article 6 and, in addition, by the holder of the right, as a worker, as a pensioner or as a beneficiary, in any System of the Social Security System in whose protective action it is included, either on a compulsory or voluntary basis, the provision of health care.

6. Subscribers to the Special Convention, as governed by this Article, shall not be beneficiaries of the economic benefit due to temporary incapacity for work.

SUBSECTION SECOND

Transient incapacity for work

Art. 11. Beneficiaries.

They shall be beneficiaries of the economic benefit due to temporary incapacity for work, the professionals falling within the scope of this Special Regime which, on the date of the determining of the Temporary incapacity for work is recognised as having the right to health care, in accordance with the provisions of this Order.

SUBSECTION THIRD

Permanent Invalidity

Art. 12. Beneficiaries of the total permanent disability pension.

The persons included in the field of application of this Special Regime who meet the following requirements shall be beneficiaries of the total permanent disability economic benefit for the usual profession:

a) Be affiliated and high in this Special Regime, or in a situation assimilated to the high, when the contingency or protected situation is over.

b) Have a minimum contribution period of sixty months. This period shall not be required where the invalidity derives from occupational disease or accident.

Art. 13. Beneficiaries of the pension of permanent incapacity and great invalidity.

The persons covered in the field of application of this Special Regime who fulfil the conditions laid down in the Article shall be beneficiaries of the economic benefits of absolute permanent incapacity and great invalidity. prior to or have covered the minimum contribution period of one hundred and twenty months required to be entitled to the retirement pension.

Art. 14. Fact causing and accrual of the pension of permanent incapacity absolute and great invalidity.

The pension of permanent incapacity and of great invalidity, when the beneficiary is not in the situation of discharge or assimilated to discharge, but if he meets the minimum period of contribution required to be entitled to the pension (a) retirement shall mean the last day of the month in which the filing of the application takes place, without any retroactive effect on the accrual of the pension, which shall take place from the day following that of the causative event.

FOURTH SUBSECTION

Retirement

Art. 15. Economic benefit.

1. The economic benefit, by reason of retirement, shall be unique for each pensioner and shall consist of a lifetime pension, the amount of which shall be determined by the result of adding a percentage of 2 per 100 to the initial 60 per 100 of the regulatory base. for every 12 months quoted by the person concerned exceeding the number of one hundred and twenty required in the following Article, with the maximum limit for that sum of one hundred per cent.

For the purposes of the preceding paragraph, the fraction of a dozen, if any, shall be computed as a full dozen.

2. The benefit of the lower bases shall not apply.

Art. 16. Beneficiaries.

Persons who are or have been included in the field of application of this Special Regime shall be eligible for the retirement pension, with the following conditions:

a) Haber met the minimum age of:

-Sixty-five years for the Mozos of stokes or grilles and their Helpers.

-Sixty years for the Puntilmen.

-Fifty-five years for other taurine professionals.

However, the Mozos of Stovies or Grilles and their Helpers, may cause the right to a retirement pension from the age of 60, but in such a case the percentage of the pension that would correspond to them, according to the years quoted, will experience the decrease resulting from applying the following scale of reducing coefficients:

-At the age of sixty, 0.60.

-At sixty-one years, 0.68.

-At sixty-two years old, 0.76.

-At sixty-three years, the 0.84.

-At sixty-four years old, 0.92.

b) Having covered a minimum contribution period of one hundred and twenty months.

c) Haber ceased in the exercise of the profession taurine.

Art. 17. Fact causing and accrual.

The retirement pension shall be deemed to be caused on the last day of the month in which the filing of the application takes place, without any retrospective on the accrual of the application, which shall take place from the day following that of the caused.

SUBSECTION FIFTH

Death and Survival

Art. 18. Economic benefits.

In the case of death, whatever its cause, some or some of the following benefits will be granted:

a) Auxiliary by death.

b) Hiv pension.

c) Orphanage pension.

d) Pension or, if applicable, temporary allowance in favour of family members.

Art. 19. Causative subjects.

The persons who have such a character, according to the rules of the General Regime, are liable for the specific benefits in the previous article and have, where appropriate, the minimum contribution period of sixty months. This period shall not be required where the death derives from old age or invalidity pensioners. Nor will it be required for the death allowance.

They will also be entitled to such benefits to those who have covered the minimum contribution period required to be entitled to the retirement pension:

Art. 20. Beneficiaries.

They shall be beneficiaries of each of the benefits specified in Article 18, persons having such a character, in accordance with the rules of the General Social Security Scheme, provided that they fulfil the conditions laid down in the This General Regime.

Art. 21. Fact causing and accrual.

1. Death and survivor's benefits shall be deemed to have been caused on the last day of the month in which the deceased is deceased, except for the death allowance on the date of death, and for the pension of Orphan when the child is posthumous, in that it will be the last day of the month of his birth.

2. The accrual shall take place from the day following that of the causative event, provided that the application is lodged within three months of that of the date referred to; in another case it shall be entitled to receive only, with the benefit corresponding to the month of the filing date of the application, the two months immediately preceding the date.

SUBSECTION SIXTH

Family protection

Art. 22. Economic benefits.

1. Family protection benefits for both periodic and single payments shall be granted in their various allocations, with the scope and in the amount, form and conditions set out in the General Regime, with the exception of minimum contribution period for single payment appropriations which shall be 12 months, within three years immediately preceding the date of the conclusion of the marriage or the birth of a child, according to the benefit in question.

2. By way of derogation from the preceding number, the periodic payment appropriations shall be payable only as long as the beneficiary is in the High in this Special Scheme, or assimilated to the High, and is current in the payment of the fees.

SUBSECTION SEVENTH

Social services

Art. 23. General provision.

As a supplement to the benefits corresponding to situations specifically protected by this Special Regime, persons in their field of application may benefit from the social services to which they are refers to Article 26 (h) of Royal Decree 1024/1981 of 22 May 1981. Such benefits shall be granted on the same terms and conditions as in the General Regime.

FINAL DISPOSITION

The Secretariat for Social Security is empowered to resolve any questions of a general nature in the application of this Order, which shall enter into force on the day following its publication in the State Officer >.

TRANSIENT DISPOSITION

1. Persons who, having been included in the field of application of this Special Regime, are found to be on the same ground on the date of entry into force of Royal Decree 1024/1981 of 22 May, may subscribe to the special convention regulated in the Article 6.C, subject to the following conditions:

(a) The deadline for requesting it shall be 31 December 1982.

(b) Have at least 24 contributions made in accordance with the previous legislation.

c) Commit to the payment of the quotas that correspond from the date of validity of the agreement.

(d) The basis of quotation shall be the minimum that is mandatory at any time in this Special Regime.

2. Special agreements signed in accordance with this transitional provision shall have effect from the first day of the month following that of the subscription.

3. The provisions of the transitional provisions of Royal Decree 1024/1981 of 22 May 1981 on the calculation of the regulatory basis for the economic benefits of permanent invalidity, retirement and death and survival shall apply to the persons who subscribe to the special agreement referred to in this transitional provision.

Madrid, July 21, 1982.-RODRIGUEZ-MIRANDA GOMEZ.