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Law 28/1975, Of 27 June, On Social Security For The Armed Forces.

Original Language Title: Ley 28/1975, de 27 de junio, sobre Seguridad Social de las Fuerzas Armadas.

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taxes and levies in question are directly borne by the Social Institute of the Armed Forces as a legal taxpayer and without legally possible translation of the charge tax on other people, and also with the same scope of postal allowance and special tax telegraph.

Three. The Social Institute of the Armed Forces is excluded from the scope of the Law of Legal Regime of the Autonomous State Entities, of twenty-six of December thousand nine hundred and fifty-eight.

CHAPTER II

Government and administration of the Social Institute of the Armed Forces

Article 6.

One. The government and administration of the Social Institute of the Armed Forces will be entrusted to the Governing Council, the Governing Board and the Management Board.

Two. The Governing Council is the supreme organ of representation and direction of the Institute.

Three. The Governing Board is the collegiate management body of the Institute.

Four. The Management is the executive body of the Institute and will exercise as such the head of the Administrative and Technical Services, under the dependency of the Government Board.

Item seventh.

The Governing Council, whose President will be the Chief General of the High Staff, will be made up of Vocals Natos, Vocal Advisors and Secretary, who will elect from among them a Vice President.

Article 8.

The composition, functioning and attributions of the organs listed in Article 6 will be regulated by a decree agreed in the Council of Ministers, on the proposal of the Ministers of the Army, Navy, Air and Government. The existence of provincial bodies may also be envisaged. Any organic modification of the Institute shall require the prior report of the Governing Board.

Article ninth.

The personnel of the Armed Forces who will serve in the Social Institute of the Armed Forces will be left in the situation of "template" or, if necessary, in the situation of "Special Services."

CHAPTER III

Embedding and Listing

Section first. Incorporation

Article 10.

One. Incorporation into this Social Security mechanism will be mandatory for all people included in their field of application.

Two. Regulations shall be determined by the bodies to be completed by the incorporation of the insured persons and to communicate the high, low and subsequent variations that occur, and shall establish the form, time limits and procedures for the implementation.

Three. The conditions and conditions for retaining the rights under way of acquisition of those who pass from this Regime to other Social Security and inversely, throughout their professional life, will also be determined on a regulatory basis.

Section 2. Quote

Item 11th.

One. The contribution to the Social Institute of the Armed Forces will be compulsory for all insured persons, except those retired and retired who, being incorporated in other Social Security Regulations, expressly renounce the one established in the Law.

Two. The contribution base shall be made up of the salary, triennial and extraordinary payments of the insured.

Three. The single rate of contribution for the financing of the benefits referred to in Article 13 is fixed at three per cent of the contribution basis, without prejudice to the provisions of Article 30 (6) of this Law.

Four. The Government, on the proposal of its President, on the initiative of the Council of the Social Institute of the Armed Forces or report of the Ministries of the Army, Navy, Air, Government and Finance, will determine:

(a) The rate of the retired and retired, which in any case will be lower than the general rate.

b) The corresponding State contribution.

Five. For the benefits listed in Article 14, the rate of contribution shall be set by the Governing Board of the Social Institute of the Armed Forces, on a proposal from the Governing Board.

CHAPTER IV

Contingencies and benefits in general

Article twelfth.

The insured and, where appropriate, the family members or assimilated to their position, are specifically protected, in accordance with the provisions of this Law, in the following contingencies:

a) Need for healthcare.

(b) Transitional capacity for the service of either common or professional disease, either by common accident or by act of service or as a result of it.

c) Innutility for the service, in the same assumptions above.

d) Family loads.

In the form provided for in Article 14, they may also be protected from retirement or retirement contingencies, death and survival, whatever the causes of death.

Item 13th.

One. The benefits to which the insured persons or their beneficiaries are entitled, when they are in the legally established cases, shall be as follows:

1) Healthcare.

2) Economic for temporary disability benefits for the service.

3) Economic and recovery benefits, if any, for service uselessness.

4) Social Services.

5) Social Assistance.

6) Marriage Allowance.

7) Birth allowance.

Two. The financing of these benefits shall be made from the economic resources referred to in Articles 30 and

.

Three. The retired and retired persons existing at the entry into force of this Law will enjoy all the benefits mentioned in number one. In order to be entitled to the benefits of paragraphs (2) and (3) of that number one must be in an activity for any reason.

Article 14.

One. The Government, acting on a proposal from its President and on the initiative of the Rector Council of the Social Institute of the Armed Forces, may authorize, in the cases and with the requirements to be determined, the following benefits in favor of of policyholders who are active in the entry into force of this Law:

1) Supplementary pension in reserve, retirement and retirement situations.

2) Supplementary pension or, where applicable, widow's allowance.

3) Supplementary pension or, where applicable, orphan's allowance.

4) Pensions or allowances in favoassigned organically to the High State and under the Presidency of the Government, to the which corresponds to the surveillance and protection of the same.

Article 5.

One. The Social Institute of the Armed Forces is a legal person governed by public law, endowed with full legal capacity and its own patrimony for the fulfillment of its purposes and will be governed by the provisions of this Law and other implementing rules. development.

Two. The Social Institute of the Armed Forces will enjoy the benefit of poverty for jurisdictional purposes. It shall enjoy to the same extent as the State of absolute tax exemption, including, parafiscal charges and levies which may tax in favour of the State and Local Corporations and other public entities the acts which they carry out or the goods they acquire or have affections for their purposes, provided that theve disappeared, reenters the service from which he was licensed, retired or retired.

Article twenty-third.

One. In case of futility for the service, the following benefits shall be collected:

(a) A lifetime pension, the amount of which shall be determined in accordance with the conditions of the taxable assets which the beneficiary may receive from the State and the degree of invalidity, which may be objectively estimated. For these purposes the following degrees of invalidity will be assessed:

-Physical Innutility for your own service, but capable of engaging in a different profession.

-Physical Innutility for self-service, with absolute and permanent incapacity for any profession, trade or work.

-Great invalidity, if the beneficiary, as a result of its anatomical or functional losses, is completely and permanently incapacitated for the exercise of any activity, in such a way as to require assistance of another person to perform the most essential acts of life or for his or her guardian or government. The grand invalid shall also be entitled to a monthly amount equal to fifty per cent of the retirement pension corresponding to him under the laws of Passive Rights intended to remunerate the person in charge of his or her assistance.

b) Treatment of physiological recovery and, where appropriate, vocational training courses provided that each and others are necessary for the rehabilitation and rehabilitation of the beneficiary, with the obligation to submit to them. If the person concerned is treated differently than that provided for, the provisions of Article 19 (3) shall apply, and also those who, without reasonable cause, reject or abandon the treatments or courses referred to above may be deprived of the right to pension that may correspond to them.

Two. The economic benefits corresponding to the staff in this situation of futility for the service, will be paid whatever the cause is the motive and the seniority or effectiveness in the service of that, but always that it is being provided active service at the time of transition to such a situation or the continuation of the temporary incapacity; they will also be paid when they are in activity for any reason.

Section 4. Old age, death and survival

Article twenty-fourth.

One. The economic benefit for the old age for the reserve staff, retired or retired, shall consist of a supplementary pension for the remuneration they receive in that situation.

Two. The amount of this pension, the years of contributions and the other precise requirements for obtaining it shall be determined in accordance with the rules.

Three. Your perception will be compatible with any other activity of the pensioner, whether it is paid or free, for hire or reward, in favour of natural or legal persons, and, in the latter case, private or public. It shall also be compatible with the receipt of other pensions which may correspond to the beneficiary by reason of the above activities.

Four. Their perception will not be compatible with the supplementary pension of physical futility for the service, and the person concerned may choose one of them.

Item twenty-fifth.

In the event of the death of the beneficiary, whatever their cause, some of the following shall be granted according to the assumptions:

(a) Supplementary pension or, where applicable, widow's allowance.

b) Supplementary pension or, where appropriate, orphan's allowance.

(c) Pension or, where applicable, allowance in favour of family members.

Article twenty-sixth.

One. The widow of the deceased shall receive the death of the spouse a lifetime pension, in the amount and conditions to be determined in accordance with the rules; this pension shall be compatible with that which may be covered by the laws of Liabilities and with any other.

Two. The widower shall be entitled to the pension or allowance referred to in the previous Article when he meets the conditions which are laid down in the rules.

Item twenty-seventh.

One. The children of the legitimate, legitimate, natural, recognised, adopted or illegitimate children, all under the age of twenty-three or more unfit for work, shall receive the death of that child's pension in the amount and conditions to be determined on a regulated basis; this pension shall be compatible with that which may correspond to the system of Passive Law and any other working income.

Two. The orphan's pension shall be paid to the recipient of the pension, as determined by regulation.

Article twenty-eighth.

In the absence of widow and orphans of the deceased, other persons or family members close to him who, together with the conditions that for each one of them are established and after proof of economic dependence of the causative, will be entitled to a pension in the amount that is regulated.

Article twenty-ninth.

The pensions or subsidies regulated in the twenty-fourth to twenty-eighth articles of this Section will be financed from the economic resources of the Social Institute of the Armed Forces, excluding the contributions referred to in numbers one and two of the sixth article.

Section 5. Family protection

Article 30.

One. The economic benefits of protection for the family shall be of single payment and periodic payment. The first ones correspond to marriage and birth subsidies and the second to monthly aid per spouse or children, regulated by the specific rules of the Family Aid scheme.

Two. The marriage allowance consists of the delivery of an amount and for one time only on the occasion of the celebration of the marriage. The amount shall be equal to that laid down in the General Social Security Scheme and shall be granted to each of the contrayants, if the two meet the requirements to be determined in accordance with the rules.

Three. The birth allowance consists of the delivery of an amount for one time on the occasion of the birth of each child, and will be collected by the father or mother in the event that they are both mutualists. The amount shall be equal to that laid down in the General Social Security Scheme.

Four. The family protection benefits provided for in this Law are incompatible with any other similar provisions set out in the other Regulations of the Spanish Social Security System.

Section sixth. Social services

Article thirty first.

One. The protective action of this Special Regime will include the following Social Services:

a) The specific Social Services of the Armed Forces.

(b) Social Services to be provided through common social security services.

(c) Social Services not included in the previous paragraph>

One. For the purposes of this supplementary system of social security, states or situations of futility for the service of all those of common or professional illness, injuries or accidents, whatever their cause, originating in the licensing, retirement or retirement for physical futility without the right to enter the Benemeritus Corps of War Mutilados for the Fatherland.

Two. The consideration of uselessness for the service shall be final, except in the event that the beneficiary, after the causes of the service habeneficiaries at the time of the integration the perception of the benefits that are in force in the respective Mutual before thirty and one of December of a thousand nine hundred and seventy-three.

Three. The Mutual Funds that are integrated into the Social Institute of the Armed Forces will contribute the totality of their assets, rights and actions to the same with which will be constituted a special fund to which the quotas of the mutualists will also be incorporated affected and the public resources that correspond to them.

Four. Mutuals which do not fall within the period and conditions of the previous paragraph shall retain their current nature, organisation and operation, where the normal system of integration provided for in the transitional provision is applied in any event. first.

Third.

Special situations arising from the transitional period, which are not expressly provided for in this Law or in its implementing and development provisions, will be resolved by the Presidency of the Government, with the prior report of the Ministries of Finance and Labor, on the proposal of the Ministries of the Army, Navy, Air and Government, in accordance with the inspiring guidelines of the preceding norms and the principles of the Spanish Social Security system.

UNIQUE ADDITIONAL DISPOSITION

One. Health Care, Social Services and Social Care will be dispensed to widows, as well as orphans under the age of twenty-one, who receive pension from State Passive Classes at the entry into force of this Law and do not have the right to the provision of the services through one of the schemes that make up the Spanish Social Security system.

Two. The Government shall determine, in accordance with the procedure laid down in number two of the Second Final Disposition, the type of contribution of the pensioners and the contribution of the State to the financing of these benefits.

Three. The rights and situations acquired prior to the entry into force of this Law are respected.

Given in the Palace of The Pardo to twenty-seven of June thousand nine hundred and seventy-five.

FRANCISCO FRANCO

The President of the General Courts,

ALEJANDRO RODRIGUEZ DE VALCÁRCEL AND NEBREDA

cle.

(b) The listing of the affiliated staff referred to in Article 11.

(c) State subsidies and other public resources of a different nature that correspond to them in accordance with current regulations.

(d) The fruits, income, interest and any other product of their property.

e) Any other private resources that are obtained for the fulfillment of their purposes.

Article thirty-sixth.

One. The State shall provide on a permanent basis in its budgets the contributions it shall make annually to the Social Institute of the Armed Forces for the financing of the benefits referred to in Article

.

Two. The amount of these State contributions shall represent eight and a half per cent of the total amount of the contribution bases, fixed for the insured under the second paragraph of Article 11. However, the Government may, on a proposal from the Ministry of Finance, modify the percentage quoted, as well as the rate referred to in the third paragraph of that Article where the economic circumstances so require, without the increase of the latter being able to exceed the proportion that is determined in this Law.

Three. The State contributions referred to in paragraphs 1 and 2 of this Article shall in any event be independent of the grants referred to in point (c) of the previous Article.

CHAPTER VII

Jurisdictional Regime

Item thirty-seventh.

One. Any question or claim that may be raised by application of the provisions of this Law or the rules of its development shall be known and resolved in accordance with the provisions of the military administrative procedure.

Two. The administrative procedure may be used in the administrative procedure in accordance with its regulatory law.

FINAL PROVISIONS

First.

The Presidency of the Government will be able to dictate, on a provisional basis and after a report by the High General Staff, the precise rules to facilitate the implementation of the Social Institute of the Armed Forces, especially in What concerns the constitution and action of its governing and administrative bodies.

Second.

One. The exercise of the regulatory authority for the development and implementation of this Law corresponds to the Presidency of the Government, prior to the report of the Ministries of the Army, Navy, Air and Government, and, where appropriate, the Ministries of Finance. and Work in the field of their respective competencies.

The General Regulation of this Law shall be approved by the Government within six months.

Two. The Presidency of the Government, in accordance with the procedure laid down in the previous paragraph, will propose to the Council of Ministers the approval of those rules that should be dictated with the rank of Decree.

Third.

One. The health care benefits provided by this Law will be fully effective from the entry into force of the General Rules of Procedure.

Two. The benefits provided for in Article 13 (2), (3), (6) and (7) shall be applied gradually and progressively within two years of the entry into force of this Law, determined by the Government, on a proposal from the Commission. of the Presidency of the Government and the Rector Council of the Social Institute of the Armed Forces, and prior to the report of the Ministries of Finance and Labor, the moment of the full effectiveness of each of them. The benefits for Social Services and Social Assistance shall apply to the extent permitted by the economic availabilities of the Social Institute of the Armed Forces and following the procedure set out above.

Three. The benefits referred to in Article 14 shall apply in the form and time limits which are determined in accordance with the rules.

Fourth.

The provisions of this Law will not affect the current tax regime of the State Passive Classes.

Fifth.

As many laws and provisions are repealed, they are contrary to the provisions of this Law.

TRANSIENT PROVISIONS

First.

One. The Mutual Forces of the Armed Forces existing at the entry into force of this Law will be able to integrate into the Social Institute of the Armed Forces, determining the conditions in which it will take charge of the rights and obligations of the Entity that requests the integration into the corresponding agreement signed by the governing bodies of both Entities.

Two. In any case, the integration agreement must be ratified by the Governing Council of the Social Institute of the Armed Forces and approved by the Presidency of the Government, prior to the report of the Ministries of Finance and Labor.

Second.

One. The Mutual Forces of the Armed Forces may choose to join the Social Institute of the Armed Forces within six months of the entry into force of the General Regulation of this Law.

Two. The Social Institute of the Armed Forces will guarantee to the existing partners and