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Order Ess/2119/2015, Of 8 October, Establishing A Unique Period For The Subscription Of The Special Agreement On The Social Security System Foreseen In Order Tas/2865/2003 Of 13 October, By Spouses Or Parej...

Original Language Title: Orden ESS/2119/2015, de 8 de octubre, por la que se establece un plazo excepcional para la suscripción del convenio especial en el sistema de la Seguridad Social previsto en la Orden TAS/2865/2003, de 13 de octubre, por parte de los cónyuges o parej...

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TEXT

Law 2/2014, of 25 March, of the Action and of the State's Foreign Service, has in its article 59.1, in relation to the support to the families, that in execution of the politics of the Government of reconciliation of the family life and In the interests of a better performance of the functions of the Foreign Service, the Government will establish the conditions so that the family members can accompany the officials destined to the outside.

In this respect, the said law also provides, in its fifth additional provision, concerning the report on the situation of spouses or couples in fact of posted official or employment staff, which within six months Since the entry into force of this law, the Ministry of Finance and Public Administrations will draw up a report on the possibility that the spouses or partners of such posted official or employment staff may maintain the rights acquired or in the course of acquisition in the field of seniority, pensions and passive rights of the Spanish Social Security system.

Taking into account that the special convention in the social security system is a valid legal institute for the conservation of such rights in the field of social security, in accordance with the provisions of the Order TAS/2865/2003 of 13 October 2003 regulating the special convention in the system of social security, which deals, inter alia, with facilitating the subscription of these special conventions both as regards the time limit for requesting it and in (i) the conditions for the application of this order, which is precisely the same as the purpose of this Regulation is to make it possible to make it more flexible and for a limited period of time the requirement of the time limit laid down in Article 3.1 of that Order, on 13 October 2003, concerning the absence of more than one year from the date of the discharge in respect of the the Social Security of the applicant, in order to enable the special agreement of the spouses or partners of the State Foreign Service to be signed by the spouses or partners, in compliance with the provisions of the In this respect, the Commission is not in a position to take the necessary steps to ensure that the the subscription by this collective of the relevant special convention with the Social Security under the aforementioned Order TAS/2865/2003 of 13 October, provided that they meet the requirements and conditions

down in Chapter I.

In her virtue, the Minister of Employment and Social Security in use of the powers conferred on her, with the prior approval of the Minister of Finance and Public Administrations and in agreement with the State Council, has had Dispose of:

Single item. Exceptional period for the subscription of the special convention with social security.

The spouses or partners in fact of the official or labor personnel who are part of the State's Foreign Service, in accordance with the provisions of Law 2/2014 of March 25, of the Action and of the State Foreign Service, which are they are displaced or displaced outside the national territory by accompanying such staff to the outside and meeting the requirements laid down in Article 3 of Order TAS/2865/2003 of 13 October 2003 regulating the special convention in the social security system, with the exception of the deadline set in the Paragraph 1 of that provision, may exceptionally, within a period of two months from the entry into force of this order, request the subscription of the special convention with the social security provided for in the general regulation of the Order TAS/2865/2003 of 13 October.

Single end disposition. Entry into force.

This order shall enter into force on the first day of the month following that of its publication in the "Official State Gazette".

Madrid, October 8, 2015. -Minister of Employment and Social Security, Fatima Banez García.