FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

Maritime and fishing work is characterized by a series of differentiating notes that are, substantially, those that define and encourage the application of protective mechanisms to other professional groups: the physical space in which the activity takes place, the hardness of the living conditions on board, the prolonged isolation of the crews, the removal of the family home, the high rates of morbidity and accidents, etc., as well as the seasonal nature of the work and the existence of remuneration to the party.

On the basis of the foregoing, the legislator took into consideration the special character of the maritime-fishing activity and granted it to him, in order for the proper application of the Social Security benefits. Thus, Law 193/1963, of December 28, on Bases of Social Security, in number 11 of its previous third base, as one of the special regimes that had to be specifically regulated, that of the Workers of the Sea.

Subsequently, the text of the aforementioned Law on Bases of Social Security, adopted by Decree 907/1966 of 21 April, provides for in Article 10.2 of the Law on Social Security Special Regiments of Social Security, the of the Workers of the Sea. Paragraph 4 states that it shall be governed by the specific laws which are dictated to the effect, and must be governed by its regulation of homogeneity with the General Regime.

In compliance with that mandate, Law 116/1969 of December 30, came to regulate the Special Regime of the Social Security of the Sea Workers. Subsequently, by Decree 2864/1974, of 30 August, the recast of Laws 116/1969 of 30 December, and 24/1972 of 21 June, for which the Special Regime of the Social Security of the Workers of the Sea, with the a fundamental aim of achieving a level of social protection similar to that of working people in other sectors for working people in the sea.

The circumstances of the work at sea, together with others such as the extraterritoriality of maritime labour, the dispersion of the collective, the seasonality of the campaigns, the hostile and unpredictable nature of the environment where the activity is carried out, etc., they also form an employment framework in which, together with the social security benefits, the definition and implementation of specific programmes for the maritime-fisheries sector are needed in the framework of the a differentiated protection model for its specific and integral character.

This integral social protection of women workers in the maritime-fishing sector is provided by a single body, the Social Institute of the Navy, which carries out a dual mission aimed at these workers: the body responsible for the protection and social problems of the maritime-fisheries sector and acts as the managing body of the Special Regime for the Social Security of Sea Workers.

Thus, the first article of the Law of October 18, 1941, for which the Social Institute of the Navy is reorganized, establishes that the essential purpose of this body is to attend to the maximum request of the people The workers of the sea, favoring their moral, professional and economic improvement.

The text itself recast of Laws 116/1969, of 30 December, and 24/1972 of 21 June, in its article 44 comes to regulate certain social services aimed at the working people of the sea and who would be incardinated in This comprehensive social protection, such as employment and training, regular medical examinations, accommodation, etc., which, at the time, were considered to be within a broad concept of security Social.

On the other hand, the Social Institute of the Navy has been assuming, as a body responsible for the social protection of workers in the maritime-fishing sector, certain powers and functions. directed to the professional and economic-social improvement of these workers, who have been imposed by the ratification, by Spain, of certain Conventions of the International Labour Organization, as well as by the application of specific legislation in the maritime sector.

This more specific social protection of women workers in the maritime-fishing sector, which exceeds the social security itself and which covers not only the working people who are active in the sector in this sector In addition to those seeking to accede to it, it has never had a uniform legal framework, as if it has occurred with the regulation of the Special Regime of the Social Security of the Workers of the Sea, contained in the recast text of the Laws 116/1969, dated December 30, and 24/1972, June 21.

II

Up to the present time it has been several provisions with legal status that have come to alter the content of the text approved in 1974, in order to give new wording to the different articles, to add some new or to proceed to their repeal in cases where it has been made necessary. All this with the aim of adapting the norm to the existing reality at every moment.

On the other hand, the legislative changes to the recast text of the General Law on Social Security have also come to affect the content of the 1974 text. In this respect, it is important to emphasize the modification of the conception of social services that are part of the protective action of Social Security operated by Royal Decree-Law 36/1978 of 16 November on the institutional management of security Social, health and employment, being out of the same benefits and services provided by the Social Institute of the Navy, as those corresponding to the training action, preventive medicine, etc.

It seems, therefore, that the time has come to take a further step in this process of regulatory compliance and to proceed with the reworking of a new legal text that regulates both the Special Regime of Social Security of the Workers of the Sea as the rest of the services and services managed by the Social Institute of the Navy as an entity in charge of the protection and social problems of the marine-fishing sector.

There are several reasons for this institutional action: the obsolescence of the current text regulating the Special Regime, the already mentioned normative profusion dictated after the entry into force of the text recast of 1974, the complexity of the Special Regime, particularly appreciable in matters such as the field of application, listing and protective action, with particular attention to the provision of retirement, co-existence in the same Social security of employed persons and of working persons self-employed or self-employed persons, to whom it is necessary to add, therefore, the figure of the working person assimilated, who add greater complexity, if any, to the definition of the working person of the sea for protective effects, as well as the absence of a rule with a legal status that regulates benefits and services for workers in the maritime-fishing sector and that goes beyond Social Security benefits.

Likewise, the quantity and variety of the regulatory standards issued in the implementation and development of the current recast text require an update of the content of the text, in order to maintain the principle of regulatory consistency and the the need to adapt the specific rules of the Special Regime of Social Security of the Workers of the Sea and the different benefits not included in the system of Social Security to the social and economic reality of the sector maritimo-fishing.

Furthermore, this new text seeks to clarify and define the scope of the Special Regime, in particular as regards certain groups in which there are significant incidents in relation to the to your framing.

Finally, it should be noted that the Commission for the Reform of Public Administrations (CORA), in its report adopted by the Council of Ministers on 21 June 2013, has raised the need to address a " Plan of Regulation " which, in the field of State Administration, practically affects all Ministries.

Also, the mandate contained in the second provision of Law 19/2013, of 9 December, of transparency, access to public information and good governance, according to which the General Administration is to be taken into account, must be taken into account. the State will undertake a review, simplification and, where appropriate, a regulatory consolidation of its legal system, for which it will have to repeal the rules that have become obsolete and determine the need to introduce modifications, new or propose the elaboration of a recast text.

This makes it even more appropriate, if possible, to address the task of reworking a new legal text that regulates the social protection of workers in the maritime-fishing sector.

III

The law is structured in a preliminary title and three titles.

Title I of the law regulates the Special Regime of the Social Security of the Sea Workers.

The main objectives pursued by the law for the regulation of this Special Regime are to define the field of application, which is regulated in Chapter I, taking into account the requests made by the sector, the doctrine (a) the changes in the form of organisation of the sector and the development of the said maritime-fisheries sector.

First, it continues to maintain in the Special Regime of the Social Security of the Workers of the Sea to those working people who carry out a marine-fishing activity on board, coiled as technicians or crew, but it is included as novelty for certain groups which, even if they do not develop a work activity which strictly has such a nature, are considered to be protected by the Special Regime when carrying out the same on board of a vessel, as is the research staff, fishing observers and staff of security.

On the other hand, the term aquaculture is included for the first time, in order to group under that denomination various activities framed in the Special Regime, leaving the workers excluded from it provide services in enterprises engaged in aquaculture in the land area. Also included are professional divers, who until now were only included in the Special Regime of the Social Security of the Workers of the Sea when they were carrying out their services in a maritime-fishing company, leaving the recreational.

As far as port dockers are concerned and in the face of the great problems that have arisen in recent years regarding the petition for the inclusion of workers in this Special Regime as such dockers when they do not carry out port stowage activities, includes a definition of the harbour stowage, setting it up as the one that performs the activities that integrate the harbour service of handling of goods related in article 130 of the recast text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Decree Legislative 2/2011.

The works of administrative, technical or subaltern of the maritime-fishing companies and the fishermen's and other organizations of the sector are still included and are incorporated, as new, the works (a) the management of the management of firms and institutions for the provision of working persons to such undertakings, provided that they carry out their activities exclusively in the port area, and that they are treated as such. In the inclusion that is carried out, the administrative work of these enterprises of the work developed by the docker is clearly differentiated, so that the first one does not carry the application of reducing coefficients of the age of retirement that does apply to the second.

Likewise, the Special Regime has been set up with two large groups, employed persons and self-employed persons, suppressing fictitious legal formulas that, while at a time In order to regulate certain groups, it is not necessary to maintain at present, as is the case for shipowners treated as employed persons.

Thus, in Article 4, self-employed persons are defined, remaining as self-employed persons who had been defined as such in the recast text of 1974 and a new collective of dedicated self-employed persons was included. to the merchant navy that, until now, were framed in the Special Regime of Social Security of the Workers for Account Own or Autonomous. Also included are the self-employed persons engaged in aquaculture and professional divers, excluding recreational ones.

The collective of working persons treated as employed persons, regulated in Article 4 of the recast text of 1974, is abolished, since they are considered to be self-employed persons with the unique particularity that they are shipped.

In this Special Regime, the vessels are considered as work centers, so there must be a connection or connection between the registration of vessels that is managed by the Social Institute of the Navy and the Registration of Merchant Marine Ships, coordination that is included in the law incorporating the obligation for the national vessels to be registered in the Register of Merchant Marine Ships with character prior to the registration of the boat at the Social Institute of the Navy.

The possibility of enrolling foreign vessels in the registry of the Social Institute of the Navy is also foreseen in the case that the crew must be framed in the Special Regime of Social Security of the Workers of the Sea.

In Chapter III, concerning the contribution, the peculiarity is maintained as regards the determination of the bases of contribution in the case of paid workers to the party and in congruence with the incorporation of (a) new groups of self-employed workers and the abolition of the like-for-hire shipowners are included in the three existing contribution groups to both employed and self-employed persons. own account, while maintaining the specific characteristics of the application of the weightings of the exclusively for the second and third groups.

Also, the incompatibility of applying the correction coefficients of the quotation along with any other reduction or bonus in the quotation is included as a novelty, unless otherwise expressly provided.

Finally, it is only, in relation to the benefits provided for in Chapter IV, that the specialities corresponding to this Special Regime are provided for, by referring to the general rules of security Social, in order to achieve a manageable and simplified text, avoiding duplication in regulation.

Title II of the law regulates the specific social protection of workers in the maritime-fishing sector who do not have the consideration of social security benefits.

In Chapter I it is established who are the beneficiaries of this specific social protection, that is, those people who develop or want to develop a work activity in the maritime-fishing sector. It is therefore included as beneficiaries not only those working people who are active in this sector and who therefore fall under the special scheme of the Social Security of the Workers of the Sea, but also to those who want to join the maritime-fisheries sector and who, in order to do so, must receive the relevant maritime training or obtain the medical recognition required to embark.

In Chapter II, benefits and services are regulated for workers in the maritime-fisheries sector who constitute such specific social protection.

All maritime health benefits are included here. The actions in maritime health are based on the fact that the conception of health in the marine environment forces to put in place preventive health mechanisms, complementary to the care, in a comprehensive and planned way, that try to minimize from the health point of view those morbigeños factors that determine the uniqueness of this marine-fishing sector, in particular the remoteness of the health centers, the work on mobile platforms, the exposure to a natural environment unpredictable and social and family isolation. It therefore includes the medical examinations of maritime shipping which, in addition to ensuring that the working person accesses the ship in the best possible conditions, allow and represent an important health point of view Data that are the starting point for knowing the health status of the population of the marine-fishing sector and finally constitute an important support in the event that the working person requires medical assistance on board from the various assistance units referred to in Article 21 (2) (a); the inspection of the sanitary conditions of the vessels, taking into account that the living and working conditions on board may be the determinants of certain diseases or predispose to the risk of accidents at work, so such control constitutes a major task in the preventive function of accident and disease; the control of kits and the protection, promotion and improvement of occupational health.

On the other hand, care services are included for support and repatriation in cases of abandonment, shipwreck or similar events.

Finally, there is a provision for professional maritime and health training aimed at addressing the demands and training needs of working people in the maritime-fisheries sector.

Title III contains a series of provisions on the management carried out by the Social Institute of the Navy as an entity in charge of the social protection of workers in the maritime-fishing sector, as well as its economic and financial regime.

PRELIMINARY TITLE

General provisions

Article 1. Regulatory regulations.

The Special Regime of the Social Security of the Workers of the Sea shall be governed by this law and its provisions of development, as well as by the rules of general application in the system of social security.

The social protection of workers in the maritime-fisheries sector is complemented by the other provisions contained in this law and its implementing rules.

TITLE I

Special Regime for the Social Security of the Workers of the Sea

CHAPTER I

Application field

Article 2. Extension of the application field.

Under the Special Regime for Social Security of the Workers of the Sea, workers or those who are treated as having fulfilled the requirements to be included in the system of social security In Article 7 of the recast text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, they exercise their activity in national territory, with the provisos referred to in Article 6 of the present law, and are included in any of the assumptions referred to in this chapter.

Article 3. Employed persons.

The following employed persons shall be included in the Special Scheme for Social Security of the Workers of the Sea:

(a) Working persons carrying out their maritime-fishing activities on board the following vessels, vessels or platforms, appearing in the Role of those vessels as technicians or crew members:

1. Merchant marine.

2. Maritime fishing in any of its modalities.

3. Internal port traffic.

4. Sports and recreation.

5. No fixed platforms or devices or installations capable of carrying out operations for the exploration or exploitation of marine resources, on the seabed, anchored or supported on it.

They will not have the consideration of such facilities for pipelines, gas pipelines, submarine cables, underwater emissaries and any other type of pipelines or industrial or sanitation facilities.

(b) Working persons carrying out their activity on board vessels or merchant vessels or sea fishing vessels, engaged as research personnel, fishing observers and security personnel.

c) Working people engaged in the extraction of sea products.

(d) Working people engaged in aquaculture developed in the maritime and land-land area, including aquaculture in sand and in water, such as cultivated banks, crop parks, bats and cages.

It is expressly excluded employed persons who provide their services for aquaculture enterprises in the land area, such as breeding grounds, marine farms and crop research centres. seafarers. In addition, workers engaged in freshwater aquaculture are excluded.

e) Marine resource extractors.

f) Divers with professional qualifications in industrial activities, including teaching activity to obtain such qualifications.

Divers with recreational-recreational qualifications are excluded.

g) Rederos and Redels.

h) Port estimators.

For the purposes of this Special Regime, only port dockers, regardless of the special or common nature of their employment relationship, will be considered to be directly involved in the activities. Cargo, stowage, destowage, unloading and transhipment of goods, subject to maritime traffic, permitting their transfer between vessels, or between them and land or other means of transport, which make up the port service for the handling of goods Article 130 of the recast text of the Law of Ports of the State and of the Marina Mercante, approved by the Royal Legislative Decree 2/2011 of 5 September, and regardless of the state or regional character of the port.

In any case, such dockers must carry out the activities referred to in the previous paragraph as personnel of a company that holds the corresponding license of the port service for the handling of goods or services. of self-supply, as well as of the entities making available to such undertakings.

i) Port practices.

(j) Working persons who carry out administrative, technical and subaltern activities in maritime and fisheries undertakings and port stowage, as well as in the making available of workers to operators of the port service for the handling of goods, provided that they carry out their activity exclusively in the port area, irrespective of the state or regional character of the port.

Also included will be the working people who develop these activities in the service of the fishermen and their federations, the cooperatives of the sea and the trade union organizations of the sector maritime-fishing and shipowners ' associations.

For the purposes of the framework in this Special Regime of the workers of port stowage companies, the company must be the holder of the corresponding license of the port service of handling of goods or self-service license, regardless of the state or regional character of the port.

k) Any other collective of working persons who develops a maritime-fishing activity and whose inclusion in this Regime is determined by the Ministry of Employment and Social Security.

Article 4. Self-employed persons.

1. They shall be included in the Special Regime for the Social Security of the Workers of the Sea, as self-employed or self-employed persons, who perform in a regular, personal and direct manner, outside the scope of management and organization of another person and for a profit of any of the following activities:

(a) Maritime-fishing activities on board the vessels or vessels listed below, including such working persons or shipowners in the Role of the vessels or vessels as technicians or crew members:

1. Merchant marine.

2. Maritime fishing in any of its modalities.

3. Internal port traffic.

4. Sports and recreation.

b) Aquaculture developed in maritime or land-land area.

(c) Shellfish, percebeiros, algal pickers and analogues.

d) Marine resource extractors.

e) Buckers with professional qualifications in industrial activities, including teaching activity to obtain such qualifications.

Divers with recreational-recreational qualifications are excluded.

f) Rederos and Redels.

g) Port practices.

2. They will have the consideration of family members of the self-employed person, and therefore, they will be included as self-employed persons in the Special Regime, the spouse and relatives by consanguinity or affinity. up to and including the second degree, of any of the self-employed persons referred to in this Article, who work with them on their holdings on a regular basis, live with the head of the family and are economically dependent on he, unless his condition of employees is proven.

However, in order to be considered as a family member in the second and third groups of contributions referred to in Article 10, it will be a prerequisite for the same activity to be carried out by the holder of the exploitation.

Article 5. Assimilated to employed persons.

1. Workers shall be treated as employed persons, except for the protection of unemployment and the Salarial Guarantee Fund, the directors and administrators of capitalist commercial companies, provided they do not have control of the latter in question. the terms set out in paragraph 1 of the additional twenty-seventh provision of the recast text of the General Law on Social Security, where the performance of his duties leads to the performance of the management and management functions of the society, being paid for it or for its status as working persons on behalf of the same.

2. Workers shall also be treated as employed persons who are employed in a port which, for the purpose of carrying out their practice, are in the form of a licence holder of the port of practice in a port, with Derogation from the right to unemployment benefits and the Guarantee Fund, which are excluded. Such entities shall have the consideration of employers for the purposes of this Special Regime with regard to the port practicalities included and the rest of the staff at their service.

Article 6. Exception to the principle of territoriality.

1. Those working persons resident in Spanish territory who, while carrying out an activity as an employed person on board a vessel flying the flag of a Member State of the European Union, shall be included in the field of application of this Special Scheme. The European Union or the flag of a State with which Spain has signed a bilateral or multilateral social security agreement in which the derogation from the principle of territoriality is taken, is remunerated by a company or a person having its own registered office or its registered office in Spain.

2. Also included in this Special Regime are the working persons resident in Spanish territory who work in mixed societies and registered companies registered in the official register, without prejudice to any of the bilateral or multilateral international treaties signed by Spain.

CHAPTER II

Enrollment of companies and membership of working people

Article 7. Registration of companies and membership of working people.

With regard to the registration of companies and the affiliation of workers, the general provisions of the General Law on Social Security and its implementing legislation will be in general. The following features:

(a) Ships, fixed platforms, artifacts and marine installations in which the working persons included in the field of application of this Special Regime develop their maritime-fishing activities shall be required be registered in the Register of Embarks which for this purpose shall be carried by the managing body.

For the registration in the Register of Embarks it will be necessary the justification of having been registered and identified the vessel in the corresponding Register, ordinary or special, of the Büques of Entitlement of the Ministry of Development.

Foreign vessels in which, pursuant to the provisions of Article 6, are to be provided by workers who are to be included in the field of application of this Regulation shall also be entered in the Register of Ships. This Special Regime.

(b) High requested outside the statutory deadline by the self-employed person shall have no retroactive effect.

(c) The self-employed persons included in the third party listed in Article 10 of this Law shall be required to agree with the Management Entity to protect the common contingencies and shall have the obligation to contribute to the contingency of vocational training.

CHAPTER III

Quotation and Collection

Article 8. Quote.

In the Special Regime of the Social Security of the Workers of the Sea the birth, duration and extinction of the obligation to list, the settlement operations of the same, the period, the form, the place and the period for its presentation, as well as its verification and control, shall be governed by the general provisions of the recast text of the General Law of Social Security and its implementing legislation, which shall establish the peculiarities of this Regime. Special.

Article 9. Quotation bases.

1. The contribution for all contingencies and situations protected under this Special Regime of the Social Security of the Workers of the Sea shall be carried out on the basis of the remuneration actually received, computed according to the rules established for the contribution to the General System of Social Security and subject to the absolute minimum and maximum limits, and to the relative minimum and maximum bases applicable to each group of professional categories, in the established by regulatory regulation, without any other particularities than the following:

(a) For the determination of the bases of contribution for all contingencies and situations protected by this Special Regime, in respect of the working persons included in the second and third groups of the groups of The contribution referred to in Article 10 of this Law shall be deemed to be paid in effect for the purposes of the Ministry of Employment and Social Security, on a proposal from the Social Institute of the Navy. representative trade union and business organisations, the fishermen's and the fishermen's organisations of fishery producers.

This determination shall be made by provinces, fisheries and professional categories on the basis of the average values of the remuneration received in the preceding year and by the procedure laid down by the Ministry of Employment and Social Security.

(b) The basis of contributions determined in accordance with the preceding paragraph in respect of the working persons included in the second and third groups referred to in Article 10 shall be unique. However, such bases may not be lower than the minimum bases laid down for each financial year for the various professional categories in the General Social Security Scheme.

(c) In any event, for the determination of the basis of contributions for common contingencies in respect of the undertakings and the working persons included in the second and third groups of the listing groups established in the Article 10, to the resulting quantities in accordance with the rules laid down in the preceding paragraphs of this Article, the weightings laid down in Article 11 shall apply.

2. Employers of the Special System of Social Security of the Workers of the Sea shall communicate to the General Treasury of Social Security in each period of liquidation, the amount of the remuneration concepts paid to their persons workers, regardless of their inclusion or not on the basis of social security contributions and even if they are based on a single basis.

Article 10. Classification of working people.

1. The working persons covered by this Special Social Security Scheme shall be classified, for the purposes of contributions, in three groups

a) The first group will include:

1. The number of employed or equivalent paid workers who are paid for any of the activities listed in Article 3.

2. The self-employed persons who perform one of the activities listed in Article 4 unless they are included in another group.

3. The employed or equivalent employed persons and self-employed persons or shipowners, paid to the party, who carry out their fishing activities on board vessels of more than 150 tonnes gross record (TRB).

b) In the second group, which is subdivided into two, they will be included:

1. Second Group A:

The employed and self-employed persons or shipowners, paid to the party, who carry out their fishing activities on board vessels between 50.01 and 150 GRT, in the same way as technicians or crew.

2. 2nd Group B:

employed and self-employed persons or shipowners, paid to the party, who carry out their fishing activities on board vessels between 10,01 and 50 GRT, who are engaged in such activities as technicians or crew.

c) The third group will include:

1. The employed persons paid to the party, who carry out their fishing activities on board vessels not exceeding 10 GRT, in the same way as technicians or crew members.

2. The self-employed persons as marshals, barnacles, algal collectors and analogues, extractors of marine resources, lambs and reeds and shipowners who carry out their fishing activities on board vessels of up to 10 GRT, being wound in the same as technicians or crew.

2. In order to be included in the second or third group as a self-employed person, the income from such activities must be a fundamental means of life, even if on an occasional or permanent basis other not specifically maritime-fishing activities which determine whether or not they are to be included in any other system of the social security system.

3. The system of remuneration adopted, in salary or in part, shall be linked equally to all members of the crew, including the shipowner.

Article 11. Correction coefficients.

1. Undertakings and workers who are included in the second and third groups of paragraph 1 of the preceding Article may be applied for the purposes of the following correction coefficients:

(a) To the second quote group, a two-thirds and one-half correction coefficients shall apply to it, as they are included in the second A or a second group B.

(b) A correction coefficient of one-third shall apply to the third-party listing group.

2. The correction coefficients shall be applied to the basis of contributions for common contingencies, unemployment and cessation of activity.

3. The regulatory basis for the economic benefits to be caused by working persons included in the second and third groups shall be calculated on the basis of the contribution basis, without application of the weightings.

4. The first listing group shall not be subject to the correction coefficients of the quotation.

5. The application of the correction coefficients shall be incompatible with any other reduction or bonus in the quotation, unless expressly provided otherwise.

Article 12. Collection.

1. In the Special Regime of Social Security of the Sea Workers, the management of the collection will be governed by the general provisions of the recast text of the General Law of Social Security and its implementing legislation.

2. The Social Institute of the Navy will collaborate with the General Treasury of Social Security in the performance of the retreading function in the field of the aforementioned Special Regime of Social Security.

CHAPTER IV

Protective action

Article 13. Protected contingencies.

1. The Special Regime of the Social Security of the Workers of the Sea covers the contingencies and the benefits that are determined in this law.

2. The contingencies protected in this law are defined in accordance with the General Regime of Social Security in relation to the employed persons and as established in the Special Regime of Social Security of the Self-employed or Self-employed workers in relation to self-employed persons.

Article 14. Benefits.

1. Workers who are included in the field of application of this Special Regime and, where appropriate, their families or assimilated persons, shall be granted, in the extension, terms and conditions laid down in this Law and in the regulatory provisions applicable to them, the following benefits:

(a) Health care in cases of maternity, common or occupational disease and accidents, whether or not they work, both on national territory and on board and/or abroad.

b) Professional recovery, the source of which is appreciated in any of the cases mentioned in the previous paragraph.

c) Economic benefit due to temporary incapacity.

d) Economic maternity benefit.

e) Economic paternity by paternity.

f) Economic risk for pregnancy.

g) Economic risk for natural lactation.

h) Economic delivery for care of children affected by cancer or other serious illness.

i) Economic benefit for permanent incapacity.

j) Economic retirement for retirement.

k) Economic benefits for death and survival.

l) Family benefits.

m) Unemployment benefits at their contributory and caring levels.

n) Prstations per cessation of activity.

n) Care and social services in care of contingencies and special situations arising from work at sea.

(o) Benefits for social services which may be provided for in the training and rehabilitation of persons with disabilities and assistance to the elderly, as well as in those other subjects in which it is considered convenient.

2. Similarly, and in addition to the benefits provided for in the previous paragraph, the benefits of social assistance may be granted.

Article 15. Voluntary improvement of benefits.

The protective action of this Special Regime may be voluntarily enhanced under the terms of the General Social Security Regime and other special regimes.

Article 16. Pension revaluation.

The pensions recognized by the Special Regime of the Social Security of the Workers of the Sea, whatever the contingency that has determined them, will be increased at the beginning of each year, according to the provisions in this field in the recast text of the General Law of Social Security.

Article 17. Characters of the capabilities.

1. The benefits of the Special Scheme for the Social Security of Workers of the Sea, as well as the benefits of their social services and social assistance, shall not be subject to retention, without prejudice to the provisions of paragraph 2 of this Article. this article, total or partial disposal, compensation or discount, except in the following cases:

(a) In order to fulfill maintenance obligations in favor of the spouse and children.

(b) In the case of obligations incurred by the beneficiary within the scope of Social Security.

In the matter of the embargo, it will be within the provisions of Law 1/2000, of January 7, of Civil Procedure.

2. The perceptions arising from the protective action of the Special Regime of the Social Security of the Workers of the Sea will be subject to taxation in the terms and conditions set out in the regulatory norms of each tax.

3. No tax or right of any kind may be required in respect of any information or certification provided by the relevant bodies of the Social Security Administration and the administrative, judicial or administrative bodies. any other order, in relation to the benefits and benefits referred to in paragraph 1 of this Article.

Article 18. Pension incompatibility.

1. The pensions of this Special Regime shall be incompatible with each other when they are in the same beneficiary, unless otherwise legally or legally provided. In the event of incompatibility, who may be entitled to two or more pensions shall opt for one of them.

2. The system of incompatibilities laid down in the preceding paragraph shall also apply to the flat-rate allowance provided for in Article 139 (2) of the recast of the General Law on Social Security as a benefit replacement of the permanent disability pension, to the extent of the total.

Article 19. Counting periods of contribution to different social security schemes.

1. Where a working person has successive or alternatively accredited periods of contribution to the Special Scheme of the Social Security of the Workers of the Sea and to other social security schemes, those periods or those which are treated as such, which would have been complied with by virtue of the rules governing them, may, in so far as they do not overlap, be aggregated for the acquisition of the right to benefits.

2. In no case shall the reciprocal calculation of contributions per cessation of activity between schemes be applied, as well as the reciprocal calculation of contributions for cessation of activity and unemployment.

Article 20. Conditions of entitlement to benefits.

1. Persons included in the field of application of this Special Regime shall be entitled to the benefits of this Special Regime when, in addition to the individuals required for the respective benefit, they meet the general requirement of being affiliated and high in This Regime or in a situation assimilated to the high, when the contingency or protected situation is over, unless expressly provided otherwise.

2. In the case of benefits the grant or amount of which is also subject to the fulfilment of certain periods of contribution, only the contributions actually made or those which are expressly deemed to be made available to them shall be computable legal or regulatory.

Article 21. Healthcare.

1. They shall be entitled to health care with the same extent and conditions as those laid down in the General Regime:

(a) Workers or assimilated persons covered by this Special Regime, in the contingencies of common or professional illness, accident, whether or not work, and maternity.

(b) Pensioners of this Special Regime, and those without such a character are receiving periodic benefits, in terms that are regulated by law.

(c) The family members or assimilated persons who are in charge of the persons referred to in the preceding paragraphs, in the extension and terms which they regulate shall be established.

2. The working or similar persons covered by this Special Regime, either on boarding, abroad or within the national territory, are entitled, in any case, to health care, to be provided by the Institute. Social of the Navy in the following cases:

(a) When they are on board and/or abroad, using their own means such as the medical radio station, medical vessels, overseas care facilities and others that may be implanted or agreed upon evacuation and repatriation of sick or injured workers, without prejudice to the obligations incumbent upon employers in accordance with the legislation in force.

When the Social Institute of the Navy does not have health resources in the foreign port in which the sick or the injured person is treated, such health care will be borne by the company on whose behalf it works and, subsequently, the managing body will reinstate the companies registered in the Special Regime of the Social Security of the Workers of the Sea the amount of the expenses that will cause them such assistance, whatever the determining contingency of the same, provided that such undertakings have such a contingency cover with the institution itself, the conditions, concepts and quantities to be established in regulation.

(b) Within the national territory, in the cities of Ceuta and Melilla and in those territories in which those functions have not been transferred to the corresponding autonomous community, including hospital care, specialty and emergency services.

3. The provisions of paragraph 2 (b) of this Article shall also apply to pensioners and recipients of regular and family benefits or similar to those of the working persons covered by this Special Scheme. In the rest of the national territory, health care will be provided by the public health service of the corresponding autonomous community.

4. The participation of the beneficiaries in the payment of the medicinal products shall be carried out in the same way as the General Regime.

Article 22. Professional recovery.

Working persons included in the Special Social Security System of the Workers of the Sea will be able to recognize the provision of professional recovery, the origin of which is appreciated in any of the cases referred to in the previous Article, in the terms and conditions under which it is regulated.

Article 23. Temporary incapacity.

1. The economic benefit due to temporary incapacity arising from a common illness or non-work accident and from an accident at work or occupational disease shall be granted to the employed and self-employed persons of the Special Regime of the Social Security of the Workers of the Sea under the same conditions and with the same requirements as those laid down in the current regulations of the General Regime or, as the case may be, of the Special Regime of the Social Security of Workers Own Account or Autonomy.

2. For the employed persons employed in the second and third groups referred to in Article 10, the payment of the benefit shall be carried out in the form of direct payment by the Management Entity or the mutual partner with the Social security, with the obligation to quote as long as the employment relationship is not extinguished.

Article 24. Maternity.

1. The provision of maternity benefits shall be granted to employed and self-employed persons under the special scheme for the social security of workers of the sea under the same conditions and with the same requirements as those laid down in the Directive. established in the current regulations of the General Regime or, where appropriate, of the Special Regime of Social Security of Workers for the Account of Own or Self-Employed.

2. For the purposes of this provision, maternity, adoption and family accommodation, whether pre-adopted or permanent or simple, shall be considered as a protected situation, even if such arrangements are provisional, in accordance with the provisions of Article 1 (2) of the Directive. in the recast text of the General Law of Social Security.

3. Also eligible for maternity allowance shall be female workers who, in the event of childbirth, meet all the conditions laid down for access to maternity benefit, except for the minimum period of contribution established in Article 13133 of the recast text of the General Law on Social Security.

Article 25. Paternity.

1. The provision of economic paternity shall be granted to employed and self-employed persons under this Special Regime under the same conditions and with the same requirements as those laid down in the General Regime or, where appropriate, in the Special Regime for Social Security of Workers for the Account of Own or Self-Employed.

2. For the purposes of the said benefit, the child's birth, adoption and family reception, both pre-adopted and permanent or simple, may be considered as a protected situation, even if such reception is provisional, in accordance with the provisions of the provided in the recast text of the General Law on Social Security.

Article 26. Risk during pregnancy.

1. The economic benefit at risk during pregnancy shall be granted to the employed and self-employed workers of the Special Scheme for the Social Security of the Workers of the Sea under the same conditions and with the same requirements as those laid down in the current rules of the General Regime or, where appropriate, of the Special Regime for Social Security of Workers for the Account of Own or Self-Employed.

2. For the purposes of that provision, the period of suspension of the contract of employment in the cases in which the working woman is to be changed from work to the workplace shall be considered as a protected situation for female workers. another compatible with their state, in accordance with Article 26 (2) and (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, such a change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons.

3. Also, in the case of self-employed workers, the situation in which the pregnant worker is found during the period of interruption of the professional activity will be considered as a protected situation in the cases where the worker's performance the same has a negative influence on their health or the fetus ' health and is thus certified by the medical services of the Gestora Entity or the mutual partner with the competent Social Security.

4. For the purposes of this provision, it is not considered to be a protected situation arising from risks or pathologies which may have a negative effect on the health of the worker or on the health of the foetus, where it is not related to agents, procedures or conditions of the activity performed, determining its inclusion in the field of application of the Special Regime of the Social Security of the Workers of the Sea.

Article 27. Risk during natural lactation.

1. The economic benefit of risk during natural lactation shall be granted to the employed and self-employed workers of the Special Regime for the Social Security of the Workers of the Sea under the same conditions and with the same requirements as laid down in the current rules of the General Regime or, where applicable, of the Special Scheme for Social Security of Workers for the Account of Own or Self-Employed.

2. For the purposes of that provision, the period of suspension of the contract of employment in the cases in which the working woman is to be changed shall be deemed to be a protected situation in the case of female employees. (a) the right to a person who is not in a position to be a member of the public service, or who is not a member of the public service, or who is not a member of the public service. justified.

3. In addition, in the case of self-employed workers, the period of interruption of the professional activity during the period of natural lactation shall be considered as a protected situation, where the performance of the activity may have a negative impact on the in the case of the health of the woman or the child's health and thus be certified by the medical services of the Gestora or mutual partner with the competent Social Security.

4. For the purposes of this provision, the risk or disease arising from a risk or disease which may have a negative impact on the health of the worker or on the child's health shall not be regarded as a protected situation where it is not related to agents, procedures or working conditions of the position or activity performed.

Article 28. Economic provision for care of children affected by cancer or other serious illness.

The provision of financial services for the care of children affected by cancer or other serious illness shall be granted to employed and self-employed persons under the Special Scheme of Social Security of Workers. of the Sea under the same conditions and with the same requirements as those laid down in the current regulations of the General Regime or, where applicable, of the Special Regime of Social Security of Workers for the Account of Own or Self-Employed.

Article 29. Permanent incapacity.

1. The economic performance for permanent incapacity granted by this Special Regime shall be governed by the rules laid down for the General Regime or, where appropriate, the Special Regime for Social Security of Workers by Account Standalone.

2. The persons employed and self-employed persons included in this Special Regime who are declared in such a situation shall be beneficiaries of that benefit, in addition to the condition required in respect of the Article 20 (1) of this Law, have covered the minimum period of contribution required in the recast text of the General Law on Social Security, unless such situation arises from accident, whether or not from work, or occupational disease, in which case no prior period of quotation shall be required.

By way of derogation from the preceding paragraph, pensions of permanent incapacity in the degree of permanent incapacity for work or great invalidity, arising from common contingencies may be caused even if the persons concerned are not at the time of the cause of the high or the situation assimilated to the discharge, in which case the provisions of the second paragraph of Article 138.3 of the recast text of the General Law on Social Security shall apply. for the trading period.

3. Recognition of the right to the provision of permanent incapacity arising from common contingencies shall not be granted where the beneficiary, on the date of the causative event, reaches the age for access to ordinary retirement with or without the application of reducing coefficients.

Article 30. Retirement.

1. The provision of occupational retirement provision in the Special Scheme for the Social Security of Workers of the Sea shall be unique for each beneficiary and shall consist of a pension which shall be recognised under the same conditions, amount and form as the established in the current regulations of the General Regime or, where appropriate, of the Special Regime for Social Security of Workers for the Account of Own or Self-Employed.

2. The age for access to this benefit shall be that laid down in the General Regime. This age may be reduced by the application of reducing coefficients for professional activities of an exceptionally painful, toxic, dangerous or unhealthy nature, in which high levels of morbidity or This is the case, as well as in those others whose realization involves a continuous separation of the home and family distancing. The reducing coefficients shall be applied to the actual time taken in each of the activities. It shall also be understood to be included within the time actually carried out for periods of disembarkation due to sickness or accident, as well as holidays, permits or other paid leave which come in accordance with the provisions of the applicable labour law.

The abovementioned reducing coefficients are those set out in Royal Decree 1311/2007 of 5 October 2007 laying down new criteria for determining the retirement pension of the Special Scheme for Social Security Workers of the Sea.

Any modification, deletion or application of new retirement age-reducing coefficients shall be in accordance with the procedure laid down in Royal Decree 1698/2011 of 18 November 2011 governing the scheme legal and general procedure to establish reductive coefficients and to anticipate the retirement age in the Social Security system.

3. The period of time when the working person's retirement age is reduced by the application of the reducing coefficients referred to in the preceding paragraph shall not exceed 10 years and shall be counted as a the exclusive effect of determining the percentage applicable to the calculation of the amount of the pension, without in any case being higher than the rate which would have been applied to have continued to work until the ordinary retirement age each case would have corresponded to the working person.

4. The application of the age-reducing coefficients shall not be applied when the retirement pension is accessed from the non-discharge.

Article 31. Death and survival.

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

a) A death aid.

b) A lifetime pension for widower.

c) A temporary benefit of widower.

d) An orphan's pension.

e) A life pension in favour of family members or, where appropriate, a temporary allowance.

(f) A special flat-rate allowance in the event of an accident at work or occupational disease.

2. The provisions laid down in the General Regime or, where applicable, the Special System of Social Security of Workers for Account or Autonomy for each of them shall apply in respect of the benefits provided for in the preceding paragraph.

Article 32. Family benefits.

1. The working persons and pensioners included in this Special Regime shall be entitled to family benefits in the same amounts, assumptions and conditions as those laid down in the current regulations.

2. The management, recognition and payment of family benefits shall be the responsibility of the Management Entity that is regulated.

Article 33. Unemployment benefits.

Unemployment benefits shall be granted to employed persons employed under this Special Regime on the same terms and conditions and with the same requirements as in the General Regime, without prejudice to specific provisions which may be approved for the purpose of the peculiarities of work at sea.

Article 34. Benefits by cessation of activity.

1. The self-employed persons employed in this Special Scheme may be eligible for benefits in respect of cessation of activity on the same terms and conditions and with the same requirements as those provided for by persons. Autonomous workers in Law 32/2010 of 5 August, establishing a specific system of protection for the cessation of the activity of self-employed workers, except for the specific characteristics of maritime-fishing activities necessary the application of specific criteria.

2. The application and the management of the service by cessation of activity shall be the responsibility of the mutual collaborator with the Social Security or the Social Institute of the Navy, depending on who is in agreement with the coverage of the contingencies. professionals.

3. In the Special Scheme for the Social Security of Workers of the Sea, the regulatory basis shall be calculated on the basis of the contribution basis for this contingency, without application of the correction coefficients.

4. The periods of compulsory closure approved by the competent authority shall not be taken into account for the calculation of 12 months which were continued and immediately preceding the legal status of cessation of activity, provided that in those periods of closure it was not have received the benefit by cessation of activity.

Article 35. Social services and social assistance.

1. Irrespective of the benefits referred to in the preceding Articles, they shall be established in favour of the working persons and, where appropriate, of their beneficiaries, the social services which they shall regulate.

The services provided in the social welfare facilities in port, i.e. the host services, as well as the following care benefits for care, shall be considered to be included in the preceding paragraph contingencies and special situations of the work of the sea as a result of shipwreck or sea accident:

a) For loss of individual baggage.

b) By death on board or disappearance.

c) By body transfer.

The benefits of the hosts will be provided by the Social Institute of the Navy in the cities of Ceuta and Melilla and in those territories where the functions of social services have not been transferred to the corresponding stand-alone community.

2. Social assistance may be granted in the same circumstances and conditions as in the General Regime.

CHAPTER V

Violations and sanctions in the field of Social Security

Article 36. Infringements and penalties.

In the matter of violations and sanctions, the provisions of the recast text of the General Law on Social Security and the recast of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August.

CHAPTER VI

Application of general system rules

Article 37. Extra duty.

The provisions of the General Law on Social Security, as well as the provisions for its implementation and development, are not expressly provided for in this law.

TITLE II

Specific social protection of workers in the maritime-fisheries sector

CHAPTER I

Application subjective scope

Article 38. Beneficiaries.

They will be beneficiaries of the specific services and services that are regulated in this title, in the field of the Social Institute of the Navy, the persons who develop their activity in the maritime-fishing sector, being In the Special Regime of the Social Security of the Workers of the Sea, as well as those that are not covered in the Special Regime they intend to develop a work activity in the marine-fishing sector.

CHAPTER II

Specific services and services for the maritime-fisheries sector

Article 39. Maritime health.

Maritime health services shall comprise at least the following aspects:

(a) The realization of medical examinations of maritime shipping in accordance with the specific Spanish legislation and with the International Labour Organization conventions ratified by Spain, which are aimed at ensure that the applicant's psycho-physical conditions are compatible with the characteristics of the job and do not endanger the health and safety of the individual or the rest of the crew, as well as the performance of those other medical examinations to be determined on the basis of Spanish legislation or derived from international conventions ratified by Spain and which are precise for activities related to the maritime-fisheries sector.

These medical examinations will be conducted in the maritime health centers of the provincial and local addresses of the Social Institute of the Navy.

b) Inspection of the sanitary conditions of the vessels, including the control of the boats on board, which will be carried out by the sanitary personnel of the Social Institute of the Navy in the framework of the Spanish regulations Spain: specific and derived from international conventions ratified by Spain.

The control of the kits will also be carried out, that the ships have to be equipped as an instrument of support to the prescription made by the optional through the medical radio consultation, taking into account such factors as the type of vessel, the number of persons on board, the nature, destination and duration of the journeys, the classes of activities to be carried out during the journey, the characteristics of the cargo and the number of working persons on board. Grant award procedures may be used to finance in part the mandatory allocation of such on-board kits.

c) The development of actions in the field of protection, promotion and improvement of occupational health, including the monitoring of the health of workers in the maritime-fishing sector, in accordance with the provisions of the Law 14/1986, of 25 April, General of Health, and in Law 31/1995 of 8 November, of prevention of occupational risks, and its regulations of development, and any other actions of preventive medicine in the field of work, directed to the field, that could be entrusted to the Social Institute of the Navy in the future.

Article 40. Care services.

1. The following assistance services shall be established in favour of the beneficiaries referred to in Article 38:

(a) Assistance abroad for the support and repatriation of working people from the sea in case of abandonment, boarding, shipwreck or similar event.

(b) Assistance to domestic or foreign workers in the sea on national territory who need it as a result of shipwreck, accident or other justified cause.

These services will be provided by the Social Institute of the Navy in the cities of Ceuta and Melilla and in those territories where the functions of social services have not been transferred to the autonomous community. corresponding.

2. The beneficiaries referred to in Article 38, who are not covered by the Special Scheme for the Social Security of Workers of the Sea, may also benefit from the services provided for in Article 35 if they comply with the provisions of Article 35. requirements for access to them, but in such cases those services shall be financed in accordance with Article 48.3.

Article 41. Professional Maritime and Health Training.

1. The Social Institute of the Navy, in accordance with the various recommendations, conventions and directives of the International Labour Organization (ILO) and the European Union, in particular the recommendation number 137 of the In order to meet the demands and training needs of the beneficiaries of the maritime and fisheries sector, the ILO will adopt annual plans for the development of maritime and health vocational training. training, which may be extended or modified for each financial year.

2. All persons who may be interested in such training to remain or access occupations in the maritime-fisheries sector may be beneficiaries of the maritime and health training of the Social Institute of the Navy. The requirements to be laid down in the rules in force at any time shall be accredited at the time of submission of the application.

3. Training shall be provided at the National Maritime Training Centres and in the Provincial or Local Directorates of the Social Institute of the Navy, with their own or contracted means to carry out the training.

TITLE III

Financial economic governance and governance

CHAPTER I

Management

Article 42. Competent entity.

1. The Social Institute of the Navy, as an entity governed by public law with its own national legal personality, acting under the direction and tutelage of the Ministry of Employment and Social Security, is attached to the Secretariat of State of the Social security and has a dual dimension of competences: as a body responsible for social care in the maritime-fisheries sector and as a managing body of the Special Regime for the Social Security of the Sea Workers.

2. The Social Institute of the Navy will develop its activity in a decentralized system, in the different territorial areas. It will enjoy, to the same extent as the State, with the limitations and exceptions that, in each case, it establishes the current tax legislation, of absolute tax exemption, including the rights and notarial and registration fees, for the acts that make or have the goods which he or she acquires or are affected by it, provided that the taxes or charges in question are directly borne by the reference body as a legal taxpayer and without the possibility of legal translation being possible of the tax burden to other people.

It will also enjoy, to the same extent as the State, postal and telegraphic franchising.

3. In the case of data, reports or records obtained by the Social Institute of the Navy or supplied to it in the performance of its duties, the provisions of Articles 66 and 66a of the recast of the General Law of the European Union shall apply. Social Security.

Article 43. Management of the Special Regime of the Social Security of the Sea Workers

1. As the managing body of the Special Regime of Social Security of the Workers of the Sea, it is up to the Social Institute of the Navy to manage, administer and recognize the right to the benefits of said Special Regime, including in the protective action of the same regulated in Chapter IV of Title I of this Law.

In addition, it will act as a contributing entity of the General Treasury of Social Security in matters of registration of companies, affiliation, ups, downs and variation of data of the working persons assigned to the said Regime. Special, as well as in the management of the contribution and collection on a voluntary basis.

2. The collaboration in the management of the Special Regime of the Social Security of the Workers of the Sea will be carried out by the mutual partners with the Social Security, companies and associations, foundations and public and private entities, in agreement with the provisions of Section 4 of Chapter VII of Title I of the recast text of the General Law on Social Security.

Article 44. Management of the specific social protection of workers in the maritime-fisheries sector.

As a body responsible for the specific social protection of workers in the maritime-fishing sector, it is up to the Social Institute of the Navy to manage, administer and recognize the right to benefits and services covered by Title II of this Act.

For the development of such management, it will collaborate with the General Directorate of the Merchant Navy, the General Secretariat for Fisheries and other organisms related to the maritime-fisheries sector.

Article 45. Organizational structure of the Social Institute of the Navy.

1. The Government, on a proposal from the Ministry of Employment and Social Security, will regulate the structure and competencies of the Social Institute of the Navy.

2. The Social Institute of the Navy will develop its activity in a decentralized way, in the different territorial areas.

3. The Social Institute of the Navy will count as organs of participation in the control and surveillance of the management with the following:

a) At national level:

1. General Council.

2. Executive Commission of the General Council.

b) At the provincial level:

Provincial executive commissions.

Article 46. Composition and functioning of the bodies involved in the management.

1. The composition and functioning of the bodies involved in the control and supervision of the management, as referred to in the previous Article, shall be regulated, taking into account the fact that their members must be included, In addition, representatives of the most representative trade unions and employers ' organizations and the public administration, as well as representatives of the public law corporations of the maritime-fishing sector. The designation of representatives of the General Administration of the State shall be carried out in accordance with the principle of the balanced presence of women and men, except for justified and objective reasons, duly substantiated.

2. The General Council shall be chaired by the head of the Secretariat of State of Social Security and its Executive Committee by the person who holds the office of the Social Institute of the Navy.

CHAPTER II

Financial economic regime

Article 47. Financial system.

The financial system of the Special Regime for the Social Security of Workers of the Sea will be provided for in the second section of Chapter VIII of Title I of the recast text of the General Law of Social Security.

Article 48. General resources.

1. The resources of the Special Regime for the Social Security of the Workers of the Sea shall be those provided for in the financing of the Social Security system set out in Section II of Chapter VIII of Title I of the recast of the Law General of Social Security, including rates and public prices and those received from natural or legal persons, public or private and contributions free of charge, which is authorized to receive.

2. The financing of the protective action of the Special Regime for the Social Security of the Workers of the Sea, in its non-contributory and universal modality, as well as the determination of the nature of the benefits, will be governed by the provisions of the Section II of Chapter VIII of Title I of the recast text of the General Law on Social Security.

3. In accordance with the provisions of Article 86 (2) (b) of the recast text of the General Law on Social Security, the health care benefits and services included in the protective action of social security and those corresponding to social services, managed by the Social Institute of the Navy, unless they are caused by accident at work and occupational disease, will require state funding to be included in the budgets of each financial year.

Additional disposition first. Exception to the incompatibility of the application of correction coefficients of the quote with any other bonus or reduction.

The provisions of Article 11.5 shall not apply to bonuses which have been enjoyed prior to the entry into force of this Law.

Additional provision second. No increase in staff costs.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Additional provision third. Study on the working conditions of sports and recreational divers.

The government, within one year, will carry out the necessary studies to clarify whether the work carried out by the sports and recreational divers meets the necessary requirements for the inclusion of this collective in the field of application of the Special Regime of the Social Security of the Sea Workers.

First transient disposition. Application of previous legislation to cause the right to a retirement pension.

1. The members of the National Maritime Montepio and the Portuguese Workers ' Forecast on August 1, 1970, date of entry into force of the Special Regime of the Social Security of the Workers of the Sea, or in any other (b) the date on which the date of the application of the pension scheme has been granted, and which, in accordance with the rules of the repealed scheme, have the right to obtain the retirement pension from 50 years of age or 60 in the case of docklers, may also cause a pension from of these ages. In such a case, the percentage of the pension which the new scheme will correspond to, according to its contribution periods, will be reduced by seven hundredths for each year which falls short of reaching retirement age. The time fractions below the year shall be prorated by twelfths.

For the purposes of calculating the percentage of the pension referred to in the preceding paragraph, the coefficients of the age for retirement pension, as referred to in Article 30, shall be weighted as appropriate. of this law.

2. If, by application of the provisions of paragraph 1 of this transitional provision, a percentage lower than that which had been set out in accordance with the Statute and other rules in force before the entry into force of this Regulation is applicable, Special regime, this last percentage will be applied.

Second transient disposition. Contributions made in previous schemes.

The rules contained in the second transitional provision of the recast text of the General Law on Social Security and those issued for its application and development with the provisos shall apply to this Special Regime. following:

(a) References to the date of effect of the General Regime or 1 January 1967 shall be construed as references to the entry into force of this Special Regime on 1 August 1970.

(b) References to Labor Mutualism shall be construed as being made to the National Maritime Montepio and to the Forecast Boxes of the port dockers and, correlatively, those concerning the General Rules of Mutualism Labor to the regulatory norms of the aforementioned Boxes and Montepios.

Single repeal provision. Regulatory repeal.

The provisions of this law are repealed and express, the text recast of Laws 116/1969 of 30 December, and 24/1972 of 21 June, which regulates the Special Regime. of the Social Security of the Workers of the Sea, approved by Decree 2864/1974, of 30 August, and the General Regulation of Law 116/1969, of 30 December, for which the Special Regime of the Social Security of the Workers of the Sea is regulated Mar, approved by Decree 1867/1970, of July 9.

Final disposition first. Competence title.

This law is dictated by the provisions of article 149.1.17. of the Constitution, which establishes as exclusive competence of the State the basic legislation and economic regime of Social Security.

Title III, which results only from direct application in the field of the General Administration of the State, Article 39, which is made under the jurisdiction of Article 149.1.16, is exempted from the foregoing. Constitution attributes to the State in the field of bases and the general coordination of health, and Article 41, dictated under the jurisdiction that Article 149.1.7. of the Constitution attributes to the State to dictate labor legislation.

Final disposition second. Regulatory development.

The Government is empowered to issue the general provisions necessary for the development of the provisions of this law.

Final disposition third. Change of measurement of vessel tonnage.

In compliance with the current regulations regarding the measurement of the tonnage of the vessels, the classification of the working people will be modified to all intents and purposes.

Final disposition fourth. Entry into force.

1. This law shall enter into force on the first day of the month following that of its publication in the 'Official Gazette of the State', with the exception of Article 3 (b), (e), (f), (i) and (j), in Article 4.1 (a), (1), (3) and (4), (d), (e) and (g) in Article 10 and in Article 11.5, which shall enter into force on 1 January 2016.

2. The allocation of rights, duties and obligations inherent in the framework for the Special Regime of the Social Security of the Workers of the Sea, for those groups of working persons related to Chapter I of Title I of the a law which is not previously included in the field of application of the said regime, shall be determined by the date of entry into force of this law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 21 October 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY