I

Law 28/2003, of September 29, the regulator of the Social Security Reserve Fund, constitutes the culmination of the normative process by which the first two recommendations of paragraph IX of the Report of the Ponencia which the Plenary Session of the Congress of Deputies approved on 6 April 1995, known as the "Toledo Pact", concerning respectively the separation and clarification of the sources of financing of the Social Security system and to the formation of reserves in their contributory level that attenuates the effect of the cycles economic.

in view of the impact of the crisis on all public accounts, and in particular on the social security system, a series of measures aimed at ensuring viability have been adopted for years. economic system. As a follow-up to the reforms already approved, the Government has committed a set of additional measures that deepen the reforms and guide the implementation of the recommendations adopted for Spain at the European Council. June 28 and June 29, 2012.

The crisis is assuming a high deficit of the Social Security system during the financial year 2012, with the consequent liquidity strains that will be accentuated in December 2012, in which they will be Two monthly, ordinary and extraordinary monthly Social Security pensions are paid.

The situation described determines the imperative need to establish, during the financial years 2012, 2013 and 2014, exceptional conditions for the disposal of the Fund, leaving no effect during the aforementioned exercises. limitation of three percent of the sum of the concepts provided for in Article 4 of Law 28/2003 of 29 September.

For all this, the extraordinary and urgent need for the situation that legitimizes the adoption of this royal decree-law establishing a new limit on the disposal of assets of the Reserve Fund is fully justified. Social Security and the provision of the Social Security Reserve Fund during the financial years 2012, 2013 and 2014, as needs arise, up to a maximum amount equivalent to the budget deficit of the institutions Social Security Management and Common Services.

II

The current government has since the beginning demonstrated its commitment to the revaluation of pensions. In fact, the first measure that was adopted in the area of pensions was to update them by 1%, through the Royal Decree-Law 20/2011 of 30 December, of urgent measures in budgetary, tax and financial matters for the correction of the public deficit.

This has meant an important effort for our public protection system in a context in which Social Security has had to go to its reserves, as explained in the previous section of this section. (i) This circumstance, together with others such as the need to meet the objective of the public deficit, requires an extraordinary and urgent need to leave the pension update without effect in the financial year 2012 and to suspend the revaluation of pensions for the financial year 2013 as provided for in Article 48 of the recast text of the General Law on Social Security, adopted by Royal Decree-Law No 1/1994 of 20 June 1994 and Article 27 of the text recast of the Law of Passive Classes of the State, approved by Royal Legislative Decree 670/1987, of 30 of April.

Without prejudice to the foregoing and in order to maintain the acquired pension commitment, both those paid by the Social Security system and those of Passive Classes, will experience an increase of one percent in 2013. percent. However, an additional one percent of all pensions that do not exceed EUR 1,000 per month or EUR 14,000 in annual accounts will be increased.

III

This Royal Decree-law also has the purpose of granting credit supplements for the coverage of the public service obligations of the State Employment Service, corresponding to the cost of benefits. unemployment, compensation for the reduction in the collection of unemployment and vocational training and expenditure arising from the programme for the retraining of unemployed persons who have exhausted their benefits by unemployment.

For all this, a credit supplement is required in the budget of the Ministry of Employment and Social Security for the amount of 4,294,811,051.73 euros for the State Employment Public Service. The costs to which the credit supplements are granted are covered by the administration's obligations, although the amount of the charges does not allow for the financing from the Contingency Fund of Implementation. Budget. Therefore, the application of the provisions of Articles 50.1 and 55.1 of Law 47/2003 of 26 November, General Budget, is excepted, with the financing of the credit supplement in the State Budget with Public Debt.

The requirement to pay for obligations that must be met by the Administration and the need not to delay its payment in order not to cause harm to the third parties, constitute the reasons for extraordinary and urgent need to justify the granting of credit supplements through Royal Decree-Law.

The final provision first amends Article 94a (1) of Law 29/2006 of 26 July on guarantees and the rational use of medicinal products and medical devices, in order to specify the equivalence between dispensing by prescription and dispensing by order of hospital dispensing. The inequalities that are causing the existence of a different nomenclature for the same act of dispensation, together with the accelerated process of closing the electronic prescription in the National Health System, require a Immediate clarification to ensure the homogeneous application of these dispensing measures.

In its virtue, in use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Ministers of Employment and Social Security, of Economy and Competitiveness, of Finance and Public Administrations and of Health, Social Services and Equality, and after deliberation by the Council of Ministers at its meeting on 30 November 2012,

DISPONGO:

Article first. Exceptional arrangements for the disposal of the assets of the Social Security Reserve Fund.

During the financial years 2012, 2013 and 2014, the limit of the three percent fixed in general in Article 4 of Law 28/2003, of September 29, regulatory of the Security Reserve Fund, will not be applicable. Social.

During the said financial years, the limit of disposal shall be the amount of the deficit for non-financial transactions which show the forecasts for the liquidation of the budgets of the managing entities and (a) common services of social security, which, in effect, the General Intervention of Social Security, in accordance with the criteria laid down in the regulations of the Social Security Reserve Fund.

Article 2. Updating and upgrading of pensions.

One. For the financial year 2012, the updating of pensions is left without effect under the terms of Article 48 (1.2) of the recast of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 December 1994. Article 27 (1), second subparagraph, second subparagraph of Article 27 (1) of the Law on Passive Classes of the State, adopted by Royal Decree 670/1987 of 30 April 1987.

Two. The application of the provisions of Article 48 (1.1) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, as well as the first paragraph, is suspended for the financial year 2013. Article 27 (1) of the recast of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April 1987.

Additional disposition first. Authorization of the provision of the Social Security Reserve Fund.

First. The provision of the Social Security Reserve Fund is authorised during the financial years 2012, 2013 and 2014, as set out in the first article of this Royal Decree-Law, as needs arise, up to a maximum amount equivalent to the amount of the deficit for non-financial operations which reveal the forecasts for the liquidation of the budgets of the managing bodies and the common services of social security.

Second. The amount of this provision of the Social Security Reserve Fund shall be allocated to the payment of the obligations relating to contributory pensions and other expenditure necessary for their management.

Third. On a quarterly basis, the Council of Ministers shall be given the amounts of the amounts prepared from the Social Security Reserve Fund.

Fourth. The provision of the amount of the Social Security Reserve Fund, in accordance with the terms set out in the preceding paragraphs, shall be made by the General Treasury of Social Security in its function as a system paying the system and competent to (i) distribution of funds in time and in the territory of funds available to meet the obligations of social security in a timely manner and to avoid financial mismatches.

Fifth. The Ministers of Employment and Social Security, Economic and Competitiveness and Finance and Public Administrations are hereby authorised to issue instructions for the development of the provisions of this additional provision.

Additional provision second. Increase in pensions.

The pensions paid by the Social Security system, as well as Passive Classes, will be increased by one percent in 2013, taking as a reference the amount legally established at December 31, 2012.

However, an additional one percent will be added to that provided for in the General Budget of the State for the year 2013, all those pensions that do not exceed 1,000 euros per month or 14,000 euros in annual calculations. These pensions will therefore increase by two per cent.

Additional provision third. Granting of credit supplements in the amount of EUR 4,294,811,051.73, to meet the obligations of the State Employment Service for the financial year 2012 and the regularisation of previous years.

1. A credit supplement to the budget of Section 19 "Ministry of Employment and Social Security", Service 03 "Secretary of State for Employment", Programme 000X "Internal Transfers", Chapter 4 "Current transfers", Concept 412, is authorised. "To finance the budget of the State Employment Public Service", for an amount of EUR 4,294,811,051.73.

This credit supplement is intended to cover the payment of unemployment benefits and to compensate for the loss of collection of contributions for the year 2012; to regularise the payment of obligations for previous years and to attend the obligations relating to the Programme for the retraining of unemployed persons who have exhausted their unemployment benefit.

2. The credit supplement that is granted in the previous point, will fund credit supplements in the State Employment Public Service Budget in the terms listed below:

Revenue Budget.

Budgetary Application

Naming	Amount (euros)
19.101.129.00	Unemployment Fee	-885.230.332.08
19.101.129.01	Vocational Training	-47,491,640.54
19.101.400.02	To fund the budget of the State Employment Public Service	4.294.811.051.73
Total		3.362.089.079.11

Expenditure Budget.

Credit supplements are allowed in the amount of 3.362.089.079.11 euros in the following detail:

(a) In application 19.101.241A.482.26 "Aid for the professional qualification of persons who have exhausted the unemployment benefit", in the amount of EUR 101.570.569.74.

(b) In application 19.101.251M.480.00 "Contributives, including obligations for previous financial years", amounting to EUR 1,980,271,363,09.

c) In application 19.101.251M.480.01 "Unemployment allowance, even previous exercise obligations" amounting to EUR 409,138,852,69.

(d) In application 19.101.251M.480.02 "Unemployment allowance for any of the Special Agricultural Social Security Scheme, including obligations for previous years" amounting to EUR 24,793,244,45.

e) In application 19.101.251M.487.00 "Quota of beneficiaries of contributory benefits for unemployment, including obligations of previous years" amounting to EUR 635,842,235.25.

(f) In application 19.101.251M.487.01 "Quota of beneficiaries of unemployment benefit, including obligations of previous years" amounting to EUR 89,365,630,16.

g) In application 19.101.251M.488 "Active insertion income, including previous exercise obligations" of EUR 121,107,183,73.

3. The credit supplement that is granted in the State Budget will be financed by Public Debt, without applying to these effects, the provisions of Articles 50.1 and 55.1 of Law 47/2003, of November 26, General Budget.

Final disposition first. Amendment of Law 29/2006 of 26 July on the guarantees and rational use of medicinal products and medical devices.

Article 94a (1) of Law 29/2006, of 26 July, of guarantees and the rational use of medicinal products and medical devices is amended, which is worded as follows:

" 1. It is understood by outpatient pharmaceutical provision that the patient is dispensed by medical prescription or hospital dispensing order through pharmacy offices or services. "

Final disposition second. Competence title.

This royal decree-law is dictated by the provisions of article 149.1.17. of the Spanish Constitution, which attributes to the State exclusive competence in matters of basic legislation and the economic regime of the Social.

Final disposition third. Entry into force.

This Royal Decree-law will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, on November 30, 2012.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY