By Royal Decree 369/1999 of 5 March on terms and conditions of inclusion in the General Social Security Regime of the ministers of worship of the churches belonging to the Federation of Religious Entities Evangelicas of Spain, proceeded to the definitive incorporation in the General Regime of Social Security of the ministers of worship of all the churches grouped in the said Federation (FEREDE), in development of the forecast made in the Article 5 of the State Cooperation Agreement with FEREDE, signed on 28 April 1992 and adopted by Law 24/1992 of 10 November. Therefore, it is from that moment on when the legal obligation arises to heal the high in the General Regime of Social Security of all those ministers of worship who fulfilled the requirements laid down in article 2 of that royal decree, regardless of your age.

In the aforementioned standard, no clause was included to enable those ministers of worship who were in age close to the retirement age and to prove to have exercised this activity at a time prior to the May 1, 1999, date of entry into force of the royal decree, could enter the corresponding quotas and thus bring together the period of absence necessary to access the retirement pension, as well as the pensions of permanent incapacity or death and survival, clause if foreseen for the Diocesan Clergy of the Catholic Church in the Order of December 19, 1977, which regulates certain aspects relating to the inclusion of the diocesan clergy of the Catholic Church in the General Regime of Social Security.

In the face of this lack of foresight, an evangelical pastor filed suit against the Kingdom of Spain in a retirement pension claim, which culminated in the judgment handed down by the European Court of Human Rights on 3 July. April 2012, in which it is recognized that in the absence of a regulation that allows the recognition of periods as quoted prior to the inclusion in the General Regime of the Social Security of the ministers of worship of the churches belonging Mr President, I would like to point out that the European Parliament has been in breach of Article 14 of the European Convention for Human Rights and Fundamental Freedoms which prohibits discrimination on religious grounds. Therefore, in order to avoid unequal treatment, it is considered appropriate to carry out an amendment to Royal Decree 369/1999 of 5 March 1999, which is to include a new, comparable, additional provision, in which the The initial retirement benefits, permanent incapacity and death and survival are referred to, which was issued in the day for the diocesan clergy of the Catholic Church in the Order of 19 December 1977.

The scope of this new provision also extends to the ministers of worship of the Union of Adventist Christian Churches of the Seventh Day in Spain, although in reference to 1 May 1987, for being the date on which its integration into the General System of Social Security was effected by the Order of 2 March 1987.

In the process of dealing with this royal decree, the Federation of Evangelical Religious Entities of Spain has been informed and the report of the Plenary of the Advisory Commission on Religious Freedom has been taken into account. meeting of 28 May 2015.

This royal decree is dictated by the habilitation granted by the final provision of Law 24/1992, of 10 November, approving the Agreement on Cooperation of the State with the Federation of Entities Evangelical Religious of Spain.

In its virtue, on the joint proposal of the Minister for Employment and Social Security and the Minister of Justice, in agreement with the Council of State, and after deliberation by the Council of Ministers at its meeting on 18 September 2015,

DISPONGO:

Single item. Amendment of Royal Decree 369/1999 of 5 March 1999 on terms and conditions for the inclusion in the General System of Social Security of the ministers of worship of the churches belonging to the Federation of Evangelical Religious Entities Spain.

Royal Decree 369/1999 of 5 March on terms and conditions of inclusion in the General System of Social Security of the ministers of worship of the churches belonging to the Federation of Religious Entities Evangelicas de España, is amended as follows:

One. The second paragraph of Article 2 is worded as follows:

" The accreditation of this condition shall be carried out by means of certification issued by the Church or Federation of Churches, duly registered in the Registry of Religious Entities. Such certification shall be accompanied by the conformity of the permanent commission of the FEREDE and the corresponding certification issued by the Registry of Religious Entities of the Ministry of Justice that accredit the registration of the entity religious to which the minister of worship belongs, and the annotation of that minister of worship, if so it shall consist. "

Two. A new additional provision is added, passing the single additional provision to be the additional provision first, with the following wording:

" Additional Disposition Second. Initial recognition of retirement benefits, permanent disability and death and survival.

1. To the exclusive effects of the initial recognition of the right to retirement benefits, permanent incapacity and death and survival, the ministers of worship who on 1 May 1999 were included in the personal field of application In accordance with Article 2 of this Regulation, the General System of the General System of the European Communities shall be entitled to the General Conditions of Employment of the General Conditions of Employment of the General System of the European Communities. allocated to such contingencies for periods of financial year in the Spanish territory of the pastoral activity as ministers of worship prior to the entry into force of this royal decree, according to the following conditions:

1. For the purposes of the retirement pension, if they were 50 years of age on 1 May 1999, they may make the entry for the periods from 1 May 1999 to the day on which the Minister of Worship had (a) the period required to complete the minimum contribution required for access to that pension.

2. In the event that the event causing the permanent incapacity or death and survival benefits occurs, the income shall be made, for the amount corresponding to the period necessary to complete the minimum of the contribution required for such contingencies, irrespective of the age of the person concerned.

3. The amounts to be entered shall be calculated by the General Treasury of the Social Security, upon request of the person concerned, in accordance with the amount of the minimum basis of contribution of the General Social Security System for workers over the age of 18 years and subsequent fractions of the rate of contribution, which have been in force in each of the periods covered by the period, in each case. This income will be made effective by the Church or Federation of Churches in which the Minister of worship has served in the General Treasury of Social Security.

4. The accreditation of the exercise of pastoral activity as a minister of worship prior to the entry into force of this royal decree shall be carried out in accordance with the provisions of Article 2.

2. These same rules will apply to the ministers of worship belonging to the Union of Adventist Christian Churches of the Seventh Day in Spain, who were aged 50 years to 1 May 1987. "

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.17. of the Constitution, which attributes exclusive competence to the State in matters of the economic regime of social security.

Final disposition second. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", with effect from 1 January 2015.

Given in Madrid, on September 21, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON