Royal Decree 839/2015, Of 21 September, Amending Royal Decree 369/1999, Of 5 March, On Terms And Conditions For Inclusion In The General Scheme Of The Social Security Of The Ministers Of Worship Of The Pertenecien Churches...

Original Language Title: Real Decreto 839/2015, de 21 de septiembre, por el que se modifica el Real Decreto 369/1999, de 5 de marzo, sobre términos y condiciones de inclusión en el Régimen General de la Seguridad Social de los ministros de culto de las iglesias pertenecien...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10146

By Royal Decree 369/1999, of 5 March, on terms and conditions for inclusion in the General regime of the Social security of the Ministers of worship of the churches belonging to the Federation of Evangelical religious entities of Spain, was the definitive incorporation in the General scheme of the Social security of the Ministers of worship of all churches grouped in this Federation (FEREDE) in development of the forecast made in the regard in article 5 of the agreement of cooperation of the State with FEREDE, signed on April 28, 1992 and approved by law 24/1992, of November 10. Therefore, is starting from that time when arises it obligation legal of study the high in the regime General of it security Social of all those Ministers of cult that met the requirements established in the article 2 of that real Decree, with independence of its age.

In it cited standard not is included clause any intended to enable that those Ministers of cult that is found in ages nearby to the age of retirement and credited have exerted that activity in a time previous to the 1 of mayo of 1999, date of entry in force of the real Decree, could enter them quotas corresponding and meet so the period of lack necessary for access to the pension of retirement as well as to permanent disability or death, and survival pensions clause itself provided for the Diocesan clergy of the Catholic Church in the order of 19 December 1977, by which regulate certain aspects relating to the inclusion of the Diocesan clergy of the Catholic Church in the General regime of the Social Security.

With that lack of foresight, an evangelical pastor filed lawsuit against the Kingdom of Spain in claim of retirement pension, which has culminated in the ruling by the European Court of human rights on April 3, 2012 date, which recognizes that the lack of a regulation that allows the recognition of how prized periods prior to inclusion in the General scheme of the Social security of the Ministers of worship of churches belonging to FEREDE, there has been a violation of article 14 of the European Convention for the protection of human rights and fundamental freedoms, which prohibits discrimination on religious grounds. By this, and to avoid treatments unequal, is considered suitable carry to out a modification of the Real Decree 369 / 1999, of 5 of March, proceeding to include is a new available additional comparable, in what to the recognition initial of them benefits of retirement, disability permanent and death and survival is refers, to which is issued in its day for the clergy Diocesan of the Church Catholic in the order of 19 of December of 1977.

The scope of this new additional provision also extends to the Ministers of the Union of churches Christian seventh-day Adventists cult in Spain, although in reference to 1 May 1987, as this is the date that had effects its integration in the General regime of the Social Security, performed by order of 2 March 1987.

In the process of this Royal Decree reported by the Federation of Evangelical religious entities of Spain and has taken into account the report of the plenary of the Advisory Commission on religious freedom, issued at its meeting of 28 may 2015.

This Royal Decree is issued pursuant to the authorization granted by the first final provision of the law 24/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of Evangelical religious entities of Spain.

In his virtue, to proposed joint of the Minister of employment and security Social and of the Minister of Justice, in accordance with the Council of State, and prior deliberation of the Council of Ministers in its meeting of the day 18 of September of 2015, HAVE: article only. Modification of Royal Decree 369/1999, of 5 March, on terms and conditions for inclusion in the General regime of the Social security of the Ministers of worship of the churches belonging to the Federation of Evangelical religious entities of Spain.

Royal Decree 369/1999, of 5 March, on terms and conditions for inclusion in the General regime of the Social security of the Ministers of worship of the churches belonging to the Federation of Evangelical religious entities of Spain, is to be re-worded as follows: one. He paragraph second of the article 2 is drafted of the following mode: «the accreditation of such condition is made through certification issued by the Church or Federation of churches respective, duly registered in the registration of entities religious.» «Such certification must accompany is of the conformity of it Commission permanent of it FEREDE and of the corresponding certification issued by the registration of entities religious of the Ministry of Justice that accredits it registration of it entity religious to which belong the Minister of cult, and the annotation of said Minister of cult, if is that so recorded.»

Two. Add a new second additional provision, becoming the sole additional provision the first additional provision, with the following wording: «second additional provision. Initial recognition of the benefits of retirement, permanent disability and death and survival.

1. to them exclusive effects of the recognition initial of the right to the benefits of retirement, disability permanent and death and survival, them Ministers of cult that the 1 of mayo of 1999 were covered in the field personal of application established in the article 2 and had fulfilled in such date it obligation legal of be in high in the regime General of it security Social as consequence of it willing in this standard , they may enter the fraction of quota under the General scheme assigned to such contingencies corresponding to periods of exercise in Spanish territory of their pastoral activity as Ministers of worship prior to the entry into force of this Royal Decree, in accordance with the following conditions: 1 for the purposes of the retirement pension, if had 50 years old on May 1, 1999 , may make the entry by them periods included between the 1 of mayo of 1999 and the day in that the Minister of cult had fulfilled such age, by the period necessary to complete the minimum of quote demanded for access to such pension.

2nd in the case of causing the causal event of the permanent disability or death, and survival benefits, income is effected by the amount corresponding to the period required to complete the minimum contribution required for such contingencies, regardless of the age of the person concerned.

3rd entering quantities shall be calculated by the General Treasury of the Social Security, on request of the person concerned, in accordance with the amount of the minimum basis of quotation of the regime General of Social Security for workers over the age of 18 years and the resulting fractions of the contribution rate, which have been in force in each of the moments in the period that , in each case, concerned. These income is will be effective by the Church or Federation of churches in which has lent their services the Minister of cult in the Treasury General of it security Social.

4th the accreditation of the exercise of the pastoral activity as Minister of worship in time before the entry into force of this Royal Decree shall be made in accordance with article 2.

«2. these same rules will be of application to them Ministers of cult belonging to the Union of churches Christian Adventists of the seventh day in Spain, that had accomplished the age of 50 years to date 1 of mayo of 1987.»

First final provision. Skill-related title.

This Royal Decree is issued under cover of the provisions of article 149.1.17. ª of the Constitution, which attributes to the State the exclusive competence in the field of economic regime of Social Security.

Second final provision. Entry in force.

This Royal Decree shall enter into force on the day following its publication in the "Official Gazette", with effect from January 1, 2015.

Given in Madrid on September 21, 2015.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON