The Royal Decree 1024 / 1981, dated May 22, came to again regulate the special regime of the Social security of the Bullfighters and was properly developed in terms of membership, high, low, contributions and fundraising by the order of 30 December 1981.
It is therefore necessary to complete application and development standards dictating the corresponding protective action on the use of the authorisation granted to the Ministry of labour and Social Security in the first final provision of the Real hint Decree.
By virtue of, this Ministry has seen fit to provide: first section general rules article 1. Scope of protective action.
1 the protective action of this special scheme shall include: a) health care in cases of common or occupational sickness, maternity and accident whether or not working.
(b) financial benefit in the situation of temporary incapacity due to contingencies referred - to in the previous paragraph.
(c) performance and recovery grant.
(d) the economic benefit of the situation of temporary disability and permanent disability in the degrees of total disability for the usual profession, absolute disability for all work and serious disability, as well as permanent character not disabling injuries.
(e) financial benefit for retirement.
(f) economic benefits for death and survival.
(g) performance of protection to the family, both regular and one-time payment.
(h) social services and supplementary benefits.
(i) health care to pensioners.
2. the contingencies and situations foreseen in this special scheme shall be defined, to such effects. by which is determined with regard to each one of them in the General regime of the Social Security except as provided in the Royal Decree 1024 / 1981, May 22, and in this order.
Article 2. Conditions of entitlement to the benefits.
1. the conditions of the right to benefits and other benefits, as well as its scope, content, forms and quantities, shall be that laid down in the Royal Decree 1024 / 1981, May 22, and in this order, being applicable in matters not provided for by these provisions of the regulations of the General Scheme.
2. the persons included in the scope of this special scheme will cause entitlement to benefits of the same when they meet the conditions required for each of them, in addition to those listed in the number that follows.
3 it is prerequisite for entitlement to benefits, referred to in paragraphs to) to (g)) of number 1 of article 1., of the present order, with the exception of the aid by death, that the people that have to cause them, are current in the payment of dues than them payable on the date that the corresponding provision is understood to be caused.
However, in the case of economic benefits to which does not require a minimum prior contribution period or when it was already covered the required period, the entity manager when you requested the recognition of the right to benefit, will require the beneficiary to maintain it current in payment of due fees, within a period of thirty calendar days. If the person concerned cumplimentase the requirement within the time limit, shall be considered satisfied the condition referred to in this paragraph. If income from fees due out later from expiry of the aforementioned period, be recognized the right to the benefit under the following conditions: to) in case of performance of single payment, the amount will be reduced by 20 per 100.
(b) if it's pensions, recognition shall only take effect from the 1st day of the month following that in which unpaid dues income has occurred.
(c) in the case of temporary subsidies of periodic payment, shall apply the provisions in the preceding paragraph, computing as elapsed for the purposes of its duration, the monthly passes from the date of the causal event of the provision.
4 will not effect performance: to) the contributions made in relation to persons unduly high in this special scheme, for not being included in its field of application in the periods to which they relate to those.
(b) contributions made pursuant to a base greater than that applicable to the person concerned, for the period to which they refer and the difference corresponding to both bases.
(c) the contributions that had been improperly entered into corresponding the amount and period for any reason.
(d) the contributions made in relation to people who are not high in this special scheme in the period to which they relate to those.
However, once practiced discharge, contributions corresponding to these periods will acquire effects, insofar as they are compulsory, as provided for in article 14 of the Royal Decree 1024 / 1981 of 22 may, except to cover the minimum required contribution period to cause entitlement to benefits.
Article 3. Accrual.
1. the accrual of economic benefits for temporary incapacity, temporary invalidity, allocations of regular character of protection to the family, total and permanent disability and when, as result of the revision of the degree of disability, there is a change in benefits for permanent disability, shall be governed by the provisions of the General regime regulatory.
As regards financial entitlements for absolute permanent disability, severe disability, retirement and death and survival will be provisions in articles 12, 15 and 19 of the present order.
2. benefits referred to in the previous number will cease to accrue on the last day of the month in which occurs the cause of its extinction, except for temporary incapacity, temporary invalidity, allocations of regular character of protection to the family and when, as a result of the revision of the degree of disability, there is a change in benefits for permanent disability in which case provisions in the regulatory legislation of the General regime shall apply.
SECOND section assimilation to the Art. 4 high. Situations assimilated to contributor.
Bullfighting professionals causing low in this special regime, have ceased the activity that resulted in his inclusion in the same will be in a situation assimilated contributor in the following cases: to) during the ninety calendar days following the last day of the month in which occurs the low.
((b) incorporation into rows for the performance of the service military c) signing of a special agreement with the National Institute of Social Security.
Article 5. Military service obligations.
1. the bullfighting professionals which, by joining ranks to perform military service, suspend his professional activity, will be in situation assimilated contributor for the duration of that one and thirty calendar days of its licensing.
2. If during this situation provision will cause permanent disability, this may not be accrued to the licensing of the applicant. If forth the causal event of any provision which lacked law exclusively to cover the minimum required contribution period and this could complete computing as quoted time that mediate in low date for fulfilment of military service and that that provision is understood to be caused, will recognize the latter and shall be deducted from the quotas corresponding to the time in the case of regular benefits, will begin their perception when it has been wiping the total amount of quotas with those overdue payments.
3. when the causal event of a delivery occurred later than the licensing and lacked right to that exclusively for not having covered the minimum required contribution period, but could complete this through the contribution of the time during which the worker has been in her situation assimilated to the high fulfilment of military service the provision will be recognized and will be deducted from the quotas corresponding to the time, being application in this respect provisions of the number above for the case of regular benefits for the implementation of the provisions on this issue will be prerequisite to discharge by return to work occur within thirty calendar days of the licensing of the worker.
4. for the purposes of the calculation of quotas for the deductions referred to in the two previous issues, the last worker will be taken as contribution base upon its incorporation into rows.
5 the situation assimilated contributor referred to in number 1 of the present article, shall terminate for any of these reasons: to) by expiry of the period referred to therein.
(b) for resumption of activity during this period.
Article 6. Special agreement.
1 the bullfighting professionals causing low in this special scheme by cessation of activity that prompted the inclusion in the same can sign agreement with the National Institute of Social Security, provided that they fulfil the following conditions: to) request within ninety calendar days following last month's low.
(b) having covered the minimum contribution period to this special scheme for 24 months, within the seven years immediately prior to the same low, and be current in the quote
(c) undertake to pay the corresponding fees from the 1st day of the month following your low.
2. in the field of trading and collection you will be provisions generally for professionals in high. However, the initial contribution base will be that the professional has in the month in which occurs the low in this special scheme.
3 situations and contingencies protected by special agreement are as follows: to) retirement, permanent disability and death and survival of common illness or non-work-related accident.
(b) social services and supplementary benefits.
4. the special agreement shall conform to the specimen which, on a proposal from the National Institute of Social Security, approved by the Directorate General of economic regime of the Social Security.
5 special agreement shall terminate for any of the following causes: a) lack of payment of corresponding to three required monthly fees.
(b) be the person concerned necessarily within the scope of this special scheme or any other with which has established reciprocal calculation of contributions.
(c) pass the person concerned to be retirement or permanent disability pensioner.
(d) decision of the person concerned, communicated in writing to the Provincial of the Institute National Directorate of the Security Social, within the calendar month that should result in extinction.
(e) upon the death of the holder.
6. the signing of the special agreement regulated in this article shall be compatible with intended for health care in article 10 and the subscription of this with that one.
Article 7. Regulatory bases of the performance.
1 for benefits whose amount come determined depending on a regulatory basis, this shall be calculated in the following way: to) for temporary incapacity allowance, it will be equivalent to the amount that the contribution of the individual base last month that has quoted prior to that in which occurs the medical. The regulating base may not, in any case, less than the amount that you have the minimum contribution base this special scheme foreseen in article 16.3 of the Royal Decree 1024 / 1981, of 22 may, the date on which the materialized.
(b) for the economic benefits for permanent disability and death and survival, it will be the quotient resulting from dividing by forty-two the sum of the contribution of the individual bases in an uninterrupted period of thirty-six months, chosen by the beneficiary.
However, in the case of benefits by death and survival, which causing subject, at the time of his death. pensioner's retirement or invalidity of this special regime, which come determined in function of the base pension, this is the same that was used to determine the original pension. The amount of the resulting pension according to the database, will increase with the amount of upgrades or revaluation, for the benefits of equal kind by death and survival has taken place in this special scheme from the date of the causal event of the pension from which it is derived.
(c) to the retirement pension will be the quotient resulting from dividing by forty-two the sum of the contribution of the individual bases for a continuous thirty-six-month period, although there are months in which there has been within the same obligation to contribute. This last period will be chosen by the person concerned.
2. do not will be in the period that has to be taken into account for calculating those contribution bases relating to fees which, having even been admitted into the same, corresponding to different falling within the months.
Article 8. Extraordinary payments of pensions.
Pensioners of this special regime whose pensions have been determined in accordance with the provisions of this chapter, shall receive an extraordinary allowance of the same together with the ordinary for the months of June and November each year.
SECTION third rules individuals on benefits SUBSECTION first healthcare article 9. Beneficiaries of health care.
1 will be beneficiaries of health care: to) subjects included in the scope of this special scheme which, being affiliates and high, are covered, where appropriate, the minimum contribution of three months of the calendar year immediately preceding period, except when determining contingency has been disease professional maternity or accident, in which case not be required no minimum contribution period. Nor the minimum contribution period shall be required when the Professional is provided in covered for entitlement to retirement pension, that is, hundred and twenty months.
(b) pensioners and those without such character are receiving regular benefits provided that they are not entitled to receive health care from Social Security in any of their regimes by any other title or condition.
(c) the family and assimilated persons mentioned in the previous paragraphs provided that the same kinship or assimilation and other conditions required to equal effect by the General regime of the Social Security.
(d) those who have signed with the entity managing the special agreement regulated in article 10 of this order.
2 to the beneficiaries referred to in paragraphs b) and (c)) of the previous issue, health care will be referred to the corresponding common disease, nonwork-related injury and maternity leave.
3. the recognition of the right to health care as well as the status of beneficiary of family members or assimilated from the owners of the right, it will be up to the National Institute of Social Security and will be held at the request of the interested parties.
4. the right to health care that is not due to accident at work or occupational disease will be born the day is the recognition of the right for the professional head of the same spouse and children.
For the remaining beneficiaries it not born until six months, counting from the request for its recognition as such beneficiaries, insofar as it is the first time that is carried out this recognition; otherwise the law will be born the day that recognizes the holder.
5. the realization of the right to that referred to in the previous number will start n starting from the fifth day, from those that carry out the recognition of the same, except in the case of injuries resulting from an accident at work or occupational disease, in which case the health with immediate assistance will be provided.
6. in the case of pensioners the right to healthcare will be born and will be effective for them and their family members or assimilated together with the right of the holder n perceive the pension in question.
7. the right to health care is extinguished to its holder at the end of the twelve calendar months following its recognition, without prejudice to that return to be recognized if the conditions were met for its birth.
It nonetheless entitled to indefinite duration to health care that would have been recognized pursuant to article 30, paragraph a), paragraph one, of the Royal Decree 1024 / 1981, dated May 22.
The right to the assistance will not be extinguished where the Professional is in situation of temporary incapacity for work or temporary invalidity at the time that the period referred to in the preceding paragraph while last such situations is completed.
The family or similar to having the status of beneficiaries forfeit health care when the holder's is extinguished or when they no longer attend the conditions required to be beneficiary.
8. the health care will be awarded with the same content and procedures as those established for the General regime and will be provided only when the beneficiaries are in national territory.
Notwithstanding the previous paragraph when as a result of the performances abroad of professionals included in this special regime outside them provided health care shall apply the following rules: 1. If there is agreement, and this includes the provision of health care and the special regime of Bullfighters, shall apply the provisions of that Convention.
2. in otherwise, the bullfighting professionals will be entitled to the reimbursement of medical, surgical, hospital and pharmaceutical costs caused them, provided that such costs are sufficiently accredited and professional would have been forced to meet them.
3. the provisions of this article shall be without prejudice to health care that shall be provided in infirmaries of the Bullrings, pursuant to the rules of bullfighting spectacles.
Article 10. Special agreement for health care.
1. practitioners who may be unrecognized again the right to healthcare in low, may retain it for if and relatives beneficiaries in cases of common disease, nonwork-related injury and maternity, by subscribing to the appropriate special agreement with the National Institute of Social Security, that always meet the following conditions (: a) request it within the calendar month in which has triggered the extinction of the right.
b) have covered the minimum contribution period of three months from the immediately preceding calendar year established in the previous article.
(c) undertake to pay the corresponding fees.
2. the right to health care will be born and will be effective the day 1 of the calendar month following c that they verify the request and will be maintained without interruption until the last day of the month in which the extinction of the Convention occurs.
3. the monthly fee will be set annually by the Ministry of labour v Social Security and your payment will be made by monthly payments carried out within the first fifteen days of the month with corresponding liquidation.
4. the special agreement shall conform to the specimen that. a proposal from the National Institute of Social Security, approved by the Directorate-General of economic regime of the Social Security.
The monthly income shall be carried out by the, whose model approved the General direction of economic regime of the Social Security, a proposal from the General Treasury of the Social Security.
((5 special agreement shall terminate for any of the reasons listed in paragraphs a, c), d) and e) sixth item and, in addition, being the holder of the right understood as active, as a pensioner or beneficiary in any scheme of the system of the Social Security in the protective action is included, whether on a compulsory or voluntary basis , the provision of health care.
6. subscribers of the special agreement, regulated in this article, are not beneficiaries of the economic benefit for temporary incapacity for work.
SECOND SUBSECTION temporary incapacity article 11. Beneficiaries.
Included professionals in the scope of this special scheme which, on the date in which the critical situation of the temporary incapacity for work occurs have recognized will be beneficiaries of the economic benefit for temporary incapacity for work the right to health care, in accordance with the provisions of this order.
SUBSECTION third disability permanent article 12. Total and permanent disability pension recipients.
Will be beneficiaries of the economic benefit of total permanent incapacity for the usual profession persons included in the scope of this special scheme which meets the following requirements: to) be high in this special scheme, or equivalent situation at discharge, and affiliates to ensue the contingency or protected situation.
(b) have a minimum period of contribution of sixty months. This period will be not called when the disability resulting from occupational disease or injury.
Article 13. Absolute permanent disability and major disability pension recipients.
Persons falling within the scope of this special scheme which meet the conditions laid down in the preceding article or have covered will be beneficiaries of the economic benefits of absolute permanent disability and major disability the required contribution of hundred and twenty months minimum period for entitlement to retirement pension.
Article 14. Materialized and absolute permanent disability and major disability pension accrual.
Absolute permanent disability and major disability pension when the beneficiary is not in the situation of high or assimilated to the high, but if you meet the minimum contribution period required for entitlement to retirement pension, the last day of the month in which the filing of the application, takes place without any any retroactivity in the accrual of pension means caused which will occur from the day following the causal event.
Fourth SUBSECTION retirement article 15. Financial benefit.
1. the economic benefit, because of retirement, will be unique for each pensioner and consist of a pension whose amount shall be determined by the result of adding the 60 by 100 initial of the regulating base a percentage of 2 by 100 for each twelve months quoted by the applicant exceed the hundred and twenty required in the following article , with the maximum limit for the sum of 100%.
For purposes of the previous paragraph dozen fraction, if any, it is computed as a full dozen.
2. not the benefit of the lower basis shall apply.
Article 16. Beneficiaries.
Will be beneficiaries of the retirement pension people that being or having been included in the scope of this special scheme, fulfil the following conditions: to) have reached the minimum age of:-sixty-five years for grooms of rapiers or Shanks and his assistants.
-Sixty years for the Puntilleros.
-Fifty-five years for the other bullfighting professionals.
However, grooms of rapiers or Shanks and his assistants, may cause the right to retirement from 60 years old age pension, although, in this case, the percentage of the pension which would correspond them, in accordance with the listed years, will experience the decrease resulting from applying the following scale of reduction coefficients:-sixty years , the 0.60.
-To sixty-one years, the 0.68.
-At the age of sixty-two, the 0.76.
-At the age of sixty-three, the 0.84.
-At the age of sixty-four, the 0.92.
b) have covered a minimum period of contribution of one hundred twenty months.
(c) have ceased the practice of the profession of bullfighting.
Article 17. Materialized and accrual.
The retirement pension shall be caused the last day of the month in which the filing of the application, takes place without any retroactivity any in the accrual thereof, which will occur from the day following the causal event.
SUBSECTION fifth death and survival article 18. Economic benefits.
En_el_caso_de death, any resulting from any cause, will be awarded any or some of the following benefits: to) help by death.
(b) widow's pension.
(c) orphan's pension.
(d) pension or, where appropriate, temporary subsidy on behalf of family members.
Article 19. Subjects that cause.
Causing subjects of specific benefits in the previous article are people who have such character, according to regulations of the General Scheme and have covered, where appropriate, the minimum period of contributions of sixty months. This period will be not called when the death resulting from old age or disability pensioners. Either it will be demanded for the death grant.
Also cause entitlement to these benefits that have covered the minimum contribution period required for entitlement to retirement pension: article 20. Beneficiaries.
They will be beneficiaries of benefits specified in article 18, persons who have the character, according to the General regime of the Social security regulations, provided that they meet the conditions laid down in the General Scheme.
Article 21. Materialized and accrual.
1 death and survival benefits are understood to be caused the last day of the month in which occurs the demise of the causing subject, except for the death grant which shall apply from the date of the death, and the orphan's pension when the child will be posthumous, it will be the last day of the month of his birth.
2. the chargeable event occurs from the day following the causal event, provided that the request is filed within the three months following the aforementioned date; otherwise only be entitled to receive, with the provision corresponding to the month of the date of filing of the application, that of the two months immediately preceding.
Sixth SUBSECTION protection to the family article 22. Economic benefits.
1 protection benefits the family both lump sum, periodic payment will be awarded in their various assignments, with the established scope and the amount, form and conditions indicated in the General Scheme, except for the minimum period of contributions for assignments of single payment which shall be twelve months, within the three years immediately preceding the date of the celebration of the marriage or the birth of a son , according to the provision in question.
2. Notwithstanding the provisions in the previous issue, allocations of regular payment only is shall accrue while the beneficiary is high in this special, or assimilated regime at discharge, and is current in the payment of dues.
SUBSECTION seventh services social article 23. General provision.
As complement of benefits attributable to the situations specifically protected by this special scheme, persons covered by its scope of application can benefit from the social services referred to in paragraph h) of article 26 of the Royal Decree 1024 / 1981, dated May 22. Such benefits shall be granted on the same terms and conditions as in the General Scheme.
DISPOSAL empowers the Secretary for Social Security to solve many questions of a general nature arise in the application of this order, which shall enter into force the day following its publication in the.
TRANSITIONAL PROVISION 1. Persons who, having been included in the scope of this special scheme, are low in it on the date of entry into force of the Royal Decree 1024 / 1981, dated May 22, may sign the special agreement regulated in article 6.C, under the following conditions: to) the deadline to apply will be until December 31, 1982.
(b) be accredited, at least twenty-four contributions made under the previous legislation.
(c) undertake to pay the fees that apply from the date of entry into force of the Convention.
(d) the contribution base will be the minimum that is in effect at all times in this special scheme on a mandatory basis.
2. the special agreements pursuant to this transitional provision shall have effect from the 1st day of the month following the subscription.
3. the provisions of the seventh transitional provision of the Royal Decree 1024 / 1981, dated 22 may, with respect to the calculation of the regulatory bases of the economic benefits of permanent invalidity, retirement and death and survival, shall apply to those who sign the special agreement referred to in this transitional provision.
Madrid, 21 July 1982-Rodríguez-MIRANDA Gómez.