Royal Decree 2072/1999 of 30 December 1999 on reciprocal transfers of rights between the social security system of the staff of the European Communities and the public social welfare systems of Spain the rules necessary for the calculation of the actuarial equivalent of the passive rights which may be deemed to be accredited in the State Passive Classes Scheme, in the General Regime or in any other Special System of the Security System Social.

It also sets out the criteria to be followed with respect to the actuarial equivalent transferred from the Community social security system in order to its transformation into actuarial equivalent of the respective pensions in the national forecast scheme in which the person concerned is covered.

Articles 7 and 9 of the royal decree regulate, respectively, the procedures for the exercise of rights to such transfers and set a period of six months for the implementation of such transfers.

Article 7, referring to transfers from national forecasting schemes, determines that the time limit indicated shall be calculated on the basis of the final appointment, in the case of Community officials or, at the latest, from the date on which the conditions laid down in the Staff Regulations of Officials of the European Communities, approved by Regulation 259/1968 of 29 February 1968, for the right to a pension, in the case of servants, are established. temporary.

And in Article 9, on transfers from the community social security system, it is established that the 6-month period will be computed from income or re-entry in any of the public administrations, or from the the start of an activity as an employed or self-employed person that would result in inclusion in any of the national forecast schemes.

Following the publication of Royal Decree 2072/1999 of 30 December 1999, Regulation (EC, Euratom) No 723/2004 of 22 March 1999 amending the Staff Regulations of Officials of the European Communities The rules applicable to other servants of the European Communities-rules adopted by Regulation 259/1968 of 29 February 1968-have introduced changes to the Staff Regulations and, in particular, to the provisions relating to transfers of rights to allow the benefit of a pension.

In particular, point 98 (j) (ii) of Annex I amends Article 11 (2) of Annex VIII to the Staff Regulations and extends the period for transferring the capital corresponding to pension rights to the Communities, which may be carried out between the time of the final appointment of the official entering the service of the Communities and the time when he is entitled to a retirement pension, in accordance with Article 77 of the Staff Regulations.

As a result, the deadline of 6 months, as provided for in Article 7.2 of Royal Decree 2072/1999 of 30 December 1999, has been understood to exercise the right to transfers by the interested parties. public social provision schemes in Spain to the Community social welfare system.

Through this royal decree, the deadline for ten years and six months is therefore fixed, following the specific temporary module applied by the European institutions on the basis of Article 77 of the Staff Regulations of Officials of the European Communities. European Communities, which provides that the official who has completed at least 10 years of service shall be entitled to a retirement pension.

However, the Staff Regulations referred to above enshrine the official's right to apply for transfers from the Community social security system without setting a time limit or a time limit for his financial year, Article 9.2 of Royal Decree 2072/1999 of 30 December 1999 cannot provide any time limit for the exercise of the right to transfer from the system of provision of the staff of the European Union to national schemes, Contrary case, the wording of Article 11.1 of Annex VIII to the Staff Regulations would be infringed Community.

With regard to how the amount of the final pension is calculated, Article 4.2 of Royal Decree 2072/1999 of 30 December 1999 establishes as a rule for determining the actuarial equivalent to be transferred to the system (a) the annual retirement pension and the annual pension for the corresponding widow's pension will be updated on the basis of the change in the consumer price index up to the date of calculation; provides for the rules for transfers of rights to national pension schemes.

Therefore, it has been considered more appropriate to grant a homogeneous treatment to both cases of transfers, and thus to avoid the economic cost that the current regulation could entail for the Social Security system. As a result, the wording of Article 4.2 of Royal Decree 2072/1999 of 30 December 1999 is also amended in this royal decree, eliminating the provision for the updating of pensions in accordance with the consumer price index in the transfers to the Community social security system.

In the process of its processing, the royal decree has been submitted to the public authorities involved and the social partners.

This royal decree is dictated in accordance with the provisions of the final provision seventh of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

In its virtue, on the proposal of the Minister of Employment and Social Security and of the Ministers of Defense and Finance and Public Administrations, according to the Council of State and after deliberation of the Council of Ministers in its July 10, 2015 meeting,

DISPONGO:

Single item. Amendment of Royal Decree 2072/1999 of 30 December 1999 on reciprocal transfers of rights between the social security system of the staff of the European Communities and the Spanish public welfare systems.

Royal Decree 2072/1999 of 30 December 1999 on reciprocal transfers of rights between the social security system of the staff of the European Communities and the public social welfare systems of Spain modified as follows:

One. Article 4 (2) is reworded in the following terms:

" 2. The determination of the actuarial equivalent (Ea) shall be made through the following formula:

Ea = Pj. _α-x/a_x⁽¹²⁾ + PV. 0.77.a_x/y⁽¹²⁾

Formula in which:

Pj: Annual retirement pension corresponding to the date of income at the service of the Communities according to the listed years.

_α-x/a_x⁽¹²⁾: Current value of a lifetime, unit, yearly, and postpayable, deferred to the statutory retirement age (α) and payable monthly, calculated according to the age of the data subject on the date of the request (x).

PV: Annual widow's pension.

0.77: Coefficient that picks up the probability of being married.

to_x/y⁽¹²⁾: Current value of a unit income, payable monthly to the head and while alive from the death of x.

The values of the rents (_α-x/a_x⁽¹²⁾ and_x/y⁽¹²⁾) according to the sex and age of the data subject at the time of request for the transfer, calculated at a technical interest of 3.5 by 100, are listed in the table set out in the annex to this royal decree. "

Two. Article 7 (2) is worded as follows:

" The period for exercising the right shall be ten years and six months from the final appointment in the case of Community officials, or from the date of the appointment or commencement of their duties when they are appointed. For temporary agents. "

Three. Article 9 (2) is worded as follows:

" No time limit or time limit is set for exercising the right from income or re-entry in any of the public administrations, or from the start of an activity for an employed or self-employed person that gives rise to the inclusion in any of the regimes set out in Article 1.1 of this royal decree. "

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. Application and development powers.

The holders of the Ministries of Employment and Social Security, Defence and Finance and Public Administrations are empowered to dictate how many provisions of a general nature are necessary for the implementation and development of the this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 10, 2015.

FELIPE R.

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

SORAYA SAENZ DE SANTAMARIA ANTON