Royal Decree 638/2015, 10 July, Amending Royal Decree 2072 / 1999, Of December 30, On Reciprocal Transfers Of Rights Between The System Of Social Security Of The Staff Of The European Communities And The Regimes P...

Original Language Title: Real Decreto 638/2015, de 10 de julio, por el que se modifica el Real Decreto 2072/1999, de 30 de diciembre, sobre transferencias recíprocas de derechos entre el sistema de previsión social del personal de las Comunidades Europeas y los regímenes p...

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8174

The Royal Decree 2072 / 1999, of December 30, on reciprocal rights transfers between the social welfare system of the staff of the European communities and Spanish public social security schemes, establishing the necessary rules for the calculation of the equivalent actuarial liabilities rights which could be accredited in the regime of passive state classes, in general or in any other special regime of the Social security system.

Also, establishes the criteria to follow with regard to the equivalent actuarial that is transfer from the system of forecast social community in order to its transformation in equivalent actuarial of them respective Inns in the regime of forecast national in that is framed the interested.

Articles 7 and 9 of the aforementioned Royal Decree, respectively, regulate the procedures for the exercise of the rights to such transfers and set within six months to do it.

He article 7, referred to them transfers from them regimes national of forecast, determines that the computation of the term indicated is held starting from the appointment definitive, for them officials community or, to more take, of the date in that is prove them conditions established in the Statute of them officials of the communities European, approved by the Regulation 259 / 1968 , of 29 of February, for the right to pension, when be question of agents temporary.

And in article 9, transfers from the community social welfare system, is set within 6 months shall be calculated from the entry or reentry into any of the public administrations, or since the start of an employed or self-employed person activity giving rise to the inclusion in any of the schemes of national welfare.

With subsequently to the publication of the Real Decree 2072 / 1999, of 30 of December, the Regulation (CE, EURATOM) No. 723 / 2004, of 22 of March, of the Council, by which is modifies the Statute of them officials of them communities European and the regime applicable to others agents of the communities European-standards approved by the Regulation 259 / 1968, of 29 of February It has introduced changes in the Statute and, in particular, on the provisions relating to the transfer of rights to allow the benefit of a pension.

(In concrete, the point 98, paragraph j), ii, of the annex I, modifies the paragraph 2 of the article 11 of the annex VIII of the Statute and extends the term for do transfer to them communities the capital corresponding to them rights to pension, that may carry is to out between the time of the appointment final of the official that enters to the service of the communities and the time in that cause right to pension of retirement , pursuant to article 77 of the cited Statute.

As a result, it has been understood expanded within 6 months, which includes article 7.2 of the Royal Decree 2072 / 1999, of December 30, to exercise the right to transfers by stakeholders from public social security schemes Spanish community social welfare system.

Through this real Decree is fixed, therefore, the term in ten years and six months, following the module temporary concrete that apply them institutions European based on the article 77 of the Statute of them officials of the communities European, that has that the officer that has completed, as minimum, ten years of service, will have right to a pension of retirement.

However, the above mentioned statute enshrines the right of the officer to request transfers from community social welfare system without setting a time limit or deadline for their exercise, so that article 9(2) of the Royal Decree 2072 / 1999, of 30 December, cannot set nor any deadline for the exercise of the right to transfers from the system of the staff of the European Union to national schemes because otherwise violate is the tenor of the article 11.1 of annex VIII to the staff regulations of Community officials.

By what regard to it form of calculate the amount of the pension end, the article 4.2 of the Real Decree 2072 / 1999, of 30 of December, sets as standard for determine the equivalent actuarial that should transfer is to the system of forecast social community that, both the pension annual of retirement as it pension annual of widowhood corresponding is updated depending on the variation of the index of prices to the consumption until the date of calculation; update not contemplated in the regulations for the transfer of rights to the national regimes of forecast.

By this, is has considered more suitable grant a treatment homogeneous to both alleged of transfers, and thus avoid the cost economic that could lead to the system of Security Social the regulation current. As a result, the wording of article 4(2) of the Royal Decree 2072 is also modified in this Royal Decree / 1999, of December 30, eliminating formula provided for the updating of pensions in accordance with the index of consumer prices in transfers to community social welfare system.

In the process of its processing, the Royal Decree has been subject to consultation of the administrations public involved and of them partners social.

This Royal Decree is run in accordance with the provisions of the seventh final disposition of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June.

In his virtue, to proposal of the Minister of employment and security Social and of them Ministers of Defense and of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 10 of July of 2015, HAVE: article only. Modification of the Royal Decree 2072 / 1999, of December 30, on reciprocal transfers of rights between the system of social security of the staff of the European communities and Spanish public social security schemes.

The Royal Decree 2072 / 1999, of December 30, on reciprocal transfers of rights between the system of social security of the staff of the European communities and Spanish public social security schemes, is modified as follows: one. New wording is given to paragraph 2 of article 4 in the following terms: "2. the determination of the equivalent actuarial (Ea) will be made through the following formula: Ea = Pj. α - x/ax (12) + PV.» 0, 77.ax / and (12) Formula in which: Pj: Pension annual of retirement that corresponds in the date of entry to the service of the communities depending on them years quoted.

Α x/ax (12): current value of a lifetime, annual and postpagable, unitary income deferred to the age of retirement (α) and payable monthly, calculated in accordance with the age of the person concerned on the date of the application (x).

PV: Widow's annual Pension.

0.77: coefficient that reflects the probability of being married.

AX / and (12): present value of rent unit, payable monthly to the head and while live from the death of x.

«Values of pensions (α-x/ax (12) and ax / and (12)) according to sex and age of the person concerned at the time that request the transfer, calculated at 3.5 per 100 technical interest, are included in the table contained in the annex to this Decree.»

Two. The paragraph 2 of the article 7 is drafted in them following terms: «he term for exercise the right will be of ten years and six months counted starting from the appointment final for officials community, or from the date of the appointment or of the home of their functions when is try of agents temporary.»

Three. Paragraph 2 of article 9 is drawn up in the following terms: "Is not set time limit or any term to exercise the right from the entry or reentry into any of the public administrations, or since the start of an employed or self-employed person activity giving rise to the inclusion in any of the regimes set forth in article 1.1 of this Royal Decree."

Available end first. Title competence.

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. Application and development powers.

Empower holders of the ministries of employment and Social Security, defense and finance and public administration to dictate how many provisions of a general nature are accurate for the implementation and development of this Royal Decree.

Third final provision. Entry in force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid on July 10, 2015.

PHILIP R.

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