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Article 161 bis.1 of the recast text of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June, incorporated by Law 40/2007 of 4 December on measures in the field of security Social, provides that the minimum age of 65 years required to be entitled to a retirement pension in the General Social Security Scheme may be lowered by royal decree, on the proposal of the Minister of Labour and Immigration, in those groups or professional activities on the scales, categories or specialties, the work of which is of a nature exceptionally painful, toxic, dangerous or unhealthy and high rates of morbidity or mortality, provided that the workers concerned demonstrate in the respective profession or work the minimum of activity to be established.

Moreover, by means of the additional provision of the second paragraph of Law 40/2007 of 4 December, a new additional provision, the fifth fifteenth, is incorporated into the recast text of the General Law on Security Social security, through which the commitment made in the Agreement on Social Security Measures, signed on 13 July 2006 by the Government and the social partners, is supported. In that provision, and for the purposes of Article 161 (1) (1), it is determined that the general procedure to be observed in order to lower the retirement age shall be established.

Likewise, Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system determines, in its additional twenty-third provision, in force since August 2, 2011, publication of the law in the "Official State Gazette", which the Government will adopt the necessary rules on the general procedure for the approval of retirement age reduction coefficients in the various sectors and areas of work.

This procedure requires the prior realization of studies on accidents in the sector, penosity, in which the turnicity, the night work and the subjugation to the rhythms of production will be taken into account. the danger and toxicity of the working conditions, its impact on the processes of incapacity for work it generates in the workers and the physical requirements required for the development of the activity.

In addition, the establishment of retirement age coefficients, which will only be carried out when the change in working conditions is not possible, will bring the necessary adjustments to the contribution to ensure the financial balance. For this reason, different age-reducing coefficients and variable surcharges may be applied in the contribution, depending on the working conditions in each activity.

Consequently, the law is enacted by a watered-down procedure and the introduction of new coefficients will also be of a substitute character, as the health of workers will first of all be the subject of a change in the conditions in which they run their job.

Moreover, the new wording given by Article 9 of Law 40/2007, of 4 December, to the additional provision eighth, paragraph 1, in relation to the new additional 45th provision, both of the General Law Social security provides for the possibility of applying the retirement age coefficients to all schemes, although it will be necessary to wait for the corresponding development and general regulatory procedure.

Finally, Article 26.4 of Law 20/2007 of 11 July of the Statute of the Autonomous Labour also provides that, in the light of the toxic, dangerous or distressing nature of the activity carried out, and in terms of (a) the conditions laid down for entitlement to a retirement pension, with the exception of that relating to age, may be granted in respect of early retirement, in the case of selfemployed persons who are affected by the (a) the same cases and groups for which that right is established in respect of workers; foreign account.

For all of this, when studies carried out in a collective or labour sector show that there are exceptional rates of penosity, toxicity, danger or insalubity, and they also have high rates of morbidity or mortality in the development of their activity, or that the psycho-physical requirements that are required for the income in the collective and the development of the activity cannot be made from certain ages, even in the case of the the development of the same does not lead to an increase in the rate of accident, (a) the requirements laid down in the legislation, respectively, for the reduction of the age of access to retirement, as a result of the work being considered exceptionally distressing, toxic, dangerous or unhealthy, or for the anticipation of age as a result of activities in the corresponding scales, categories or specialties, unfeasible at a certain age.

The general procedure which is imposed makes it easier for workers to benefit, first, from an improvement in their working conditions and, ultimately, if this is not possible, from a reduction in their retirement age, with the added benefit of the consideration as a time-quoted, corresponding to the reduction of age.

In several European Union countries the possibility of early retirement is also envisaged, for having carried out work involving penosity, toxicity, danger or insalubity, requiring the accreditation of certain minimum periods of work performance in the activity in question, in order to obtain the reduction of the age required to cause the pension.

This procedure will in any case apply to new collectives, sectors or activities, in the corresponding scales, categories or specialties, which do not currently have a reduction in the retirement age, but will not affect workers who already have it, such as miners, flight staff, firefighters, etc., although these collectives may also request the modification of their reducing coefficients, through the general procedure established in the real decree.

The content of this royal decree does not deplete the mandate of the twenty-third additional provision of Law 27/2011, of August 1, so that the corresponding regulatory norms may be updated in the future, when so it is appropriate in the light of the legislative developments and the circumstances which led to the establishment of the corresponding coefficients or the measures for the advancement of the retirement age.

Under the proposal of the Minister of Labour and Immigration, with the prior approval of the Deputy Prime Minister of the Government of Territorial Policy and Minister for Territorial Policy and Public Administration, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 18 November 2011,

DISPONGO:

CHAPTER I

Scope

Article 1. Subjective scope of application.

The provisions of this royal decree will apply to employed and self-employed workers included in any of the schemes that make up the Social Security system, which credit for working or worked in the sectors or activities, on the relevant scales, categories or specialties, to be approved in the relevant specific standard, and on the scales, categories or specialties that are affected, subject to general procedure laid down in Chapter III.

The workers covered by this royal decree are excluded from the provisions of this royal decree, since the application of retirement age coefficients or, where appropriate, the application of the reducing coefficients of the retirement age is already recognised in another rule. anticipation of the same, without prejudice to the provisions of the first provision.

CHAPTER II

Common Provisions

Article 2. Subpositions in which the establishment of the reducing coefficients or the anticipation of the age of access to retirement is appropriate.

The establishment of reducing coefficients or, where appropriate, the anticipation of the age for access to early retirement as referred to in the first paragraph of Article 161.bis.1 of the recast of the General Law of the Social security, approved by the Royal Decree of Law 1/1994 of 20 June, will be carried out, in the terms and conditions foreseen in this royal decree, with respect to activities that are necessarily to be understood in any of the the following:

(a) Work activities on the scales, categories or specialties whose exercise involves the submission of an exceptional rate of peness, danger, insalubity or toxicity and in which high levels have been established morbidity or mortality rates or the incidence of occupational diseases; in addition, account shall be taken of disease morbidity and mortality and their direct relationship to work, and the permanent disability resulting from disease in the (a) the terms referred to in Article 115.2.e) of the General Law on Social Security, which produce in a higher than average grade.

b) Work activities in the scales, categories or specialties whose performance, according to the physical or mental requirements required for their performance, are exceptional and experience an increase (a) a significant proportion of the accident rate from a given age, consisting of the rate of accidents at work and/or the rate of occupational diseases; in addition, sickness and mortality due to illness and their relationship direct with the work, and the permanent disability derived from disease in the terms referred to in Article 115.2.e) of the General Law on Social Security, which occur in a higher than average grade.

Article 3. Reduction of the retirement age.

1. In relation to work activities on the scales, categories or specialties referred to in paragraph (a) of the previous Article, the ordinary age required in each case for access to the retirement pension shall be reduced in one period equivalent to that which results from the application of the reducing coefficient to be applied at the time indicated for the scale, category or specialty of each sector or work activity specified in the relevant standard.

To this end, it will be essential to ensure that the parties concerned have carried out an effective working time, in the activities of the scales, categories or specialties which give rise to the application of the corresponding reduction coefficients, equivalent to the minimum contribution period required for access to the retirement pension, without, for these purposes, in any event, this period of time payable may be more than 15 years.

2. In relation to the work activities on the scales, categories or specialties referred to in paragraph (b) of the previous article, the corresponding royal decree shall establish the minimum age of access to the retirement pension in respect of each specific job activity.

However, it will be essential to ensure that the parties concerned have carried out an effective working time, in the activities on the relevant scales, categories or specialties which give rise to the anticipation of the retirement age, equivalent to the minimum contribution period required for access to the retirement pension, without, for these purposes, in any event, this period payable may be more than 15 years.

3. The application of the reduction or anticipation of the retirement age shall in no case give rise to the possibility for the person concerned to access the retirement pension with a minimum age of 52 years.

4. The accreditation of the effective working time in the corresponding activities on the scales, categories or specialties referred to in paragraphs 1 and 2 of this Article shall be deducted from the information in the corporate databases of the system, in charge of the General Treasury of Social Security, as indicated in the second paragraph of Article 5.

Article 4. Computation of time worked.

For the computation of time effectively worked, for the purposes of the application of the coefficient or of the age of anticipation established in the previous article, all the faults to the work shall be deducted, except the following:

(a) Those that have been caused by temporary incapacity arising from common or professional illness, or accident, whether or not they work.

(b) Those who have for reason the suspension of the contract of maternity, paternity, adoption, reception of minors, risk during pregnancy or risk during natural lactation.

(c) Paid leave and licences, enjoyed under the relevant regulations or regulations.

Article 5. Consideration as a reduction time quoted.

The period of time in which the worker's retirement age is effectively reduced, in accordance with the provisions of the foregoing Articles, shall be counted as a contribution to determine the percentage applicable to the corresponding regulatory basis for calculating the amount of the retirement pension.

The General Treasury of Social Security will take control of the workers included in the scope of this royal decree, as well as the periods of time each of them remains in the work or activity. to which the retirement age-reducing coefficients are applied.

Article 6. Effects of the reducing coefficient and the anticipation of age.

1. The effects referred to in the first subparagraph of the preceding Article shall apply to the retirement of workers whose work activities on the scales, categories or specialties are or would have been covered by Article 2 (a). whatever the Social Security regime in which the pension is caused.

When retirement affects workers who are simultaneously performing some of these activities on the scales, categories or specialties, and other or other activities that lead to inclusion in another system of Social security, the effects of the reduction coefficients will be applied for the recognition of another retirement pension corresponding to an unsubsidised activity in this second scheme, exclusively in respect of the reduction of age.

2. The period of time in which the retirement age for workers whose work on the scales, categories or specialties, as referred to in Article 2 (b) is reduced, shall be counted as being the exclusive effect of the determine the percentage applicable to the relevant regulatory basis for calculating the amount of the retirement pension, provided that they have remained in a high position for that activity on the relevant scale, category or specialty; up to the date on which the event causing the retirement pension occurs or, where appropriate, have (a) to be in receipt of unemployment benefit or cessation of activity, respectively, within two years or in the 12 months immediately preceding the time of entitlement.

They will also retain the right to these same benefits who, having reached the age of access to retirement that in each case results from the application of the provisions of Article 3.2, cease in their criminal activity, toxic, dangerous or unhealthy, but they remain high on account of the performance of a different work activity, whatever the social security regime in which they are covered by reason of this.

Article 7. Access to early retirement.

1. Workers who, because they have had the status of a mutualist in any mutual worker's mutual benefit on 1 January 1967 or on a previous date, are entitled, in accordance with the provisions laid down in the provision Third of the General Law on Social Security, to cause the retirement pension from the age of 60 years, the coefficients laid down in the standard to be adopted shall apply to them for the purposes of determining the reducing the amount of the retirement pension that corresponds in each case, and shall be taken into account, to all other effects, the actual age of the worker.

The references to 1 January 1967, as well as to the age of 60 years, shall be construed as being made to the date and age to be determined in their respective regulatory rules, in respect of the schemes or collectives which consider another date or age, in order for the possibility of anticipating the retirement age.

2. The same rule shall apply to workers who receive partial retirement or retire early, in accordance with the provisions of Article 161a (2) of the General Law on Social Security.

Article 8. Additional quotation.

According to the provisions of the additional 45th of the General Law of Social Security, and in order to maintain the financial balance of the system, the application of the established benefits In this royal decree, it will take with it an increase in the contribution to the Social Security, to be carried out in relation to the collective, sector or activity that are defined in the corresponding norm, in the terms and conditions that, likewise, set.

This increase will consist of applying an additional levy rate on the basis of contributions for common contingencies, both in charge of the company and of the employee, or on the basis of a single quotation, if any.

Article 9. Modification of reducing coefficients or minimum age of access.

When in a given collective, sector or professional activity, as a result of scientific advances, of the application of new technologies or for any other reason, causes or decreases the effects in the working conditions which gave rise to the approval and application of the reducing coefficients or the anticipation of the retirement age, such coefficients may be reduced or eliminated, or the minimum age laid down above, subject to the general procedure laid down in Chapter III and after relevant checks and studies, by means of a royal decree, on a proposal from the Minister for Labour and Immigration.

In any case, the modification or elimination of the coefficients, or of the age limit, will not affect the situation of the workers who, prior to the modification, have developed their activity and for the periods of exercise of that.

Such a procedure shall also apply where, due to the application of certain technologies, or for any other reason, circumstances arise which produce negative effects on the working conditions which gave rise to the approval and application of the reducing coefficients or the anticipation of the retirement age, in which case the coefficients may be increased or the minimum age set above may be changed.

CHAPTER III

General procedure

Article 10. Procedure initiation.

The general procedure in order to establish reductive coefficients to lower the retirement age, or the establishment of a minimum age of access to the pension, in the cases referred to in this royal decree, can be started:

(a) On its own initiative by the Secretary of State for Social Security, through the Directorate-General for Social Security Management, on its own initiative, or as a result of a non-binding reasoned request from the institutions (a) the managing director of the State Department of Employment, once the latter has heard the National Committee on Safety and Health at Work, or at the request of the Directorate-General of the Labour and Social Security Inspectorate, or of the Ministry of Health, Social Policy and Equality.

(b) At the request of employers and employees, through the most representative employers ' and trade unions at the State level, by means of a non-binding reasoned request and in relation to any of the activities on the scales, categories or specialties referred to in Article 2.

At the request of the self-employed, through the representative associations of the self-employed workers and the most representative trade union organizations at the state level, according to the Article 21 (5) of Law No 20/2007 of 11 July of the Statute of the Autonomous Labour.

Companies or employees who are self-employed or self-employed, individually considered, will not be entitled to call for action to be initiated.

Applications must be addressed to the Directorate-General for Social Security Management and will be submitted in accordance with the provisions of Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of the Public administrations and the Common Administrative Procedure and Article 6.1 of Law 11/2007, of 22 June, on the electronic access of citizens to public services.

Article 11. Prior procedure.

1. The Directorate-General for the Management of Social Security shall inform the Secretariat of State of Employment of the requests or requests referred to in the previous Article, in order to ensure that the actions provided for in the paragraphs are carried out. next.

2. The Secretary of State for Employment, in collaboration with the Directorate General for the Management of Social Security, through the National Institute of Safety and Hygiene at Work, with the participation of the National Safety and Health Commission in the Work, in accordance with the functions attributed to one and the other, respectively, in Articles 8 and 13 of Law 31/1995 of 8 November, Prevention of Occupational Risks, as well as the Ministry of Health, Social Policy and Equality, of the respective competences, will carry out a mandatory study, in which the characteristics as set out in Article 2, with each of the following statements being expressly stated:

Siniestrality in the sector, distinguishing between index of accidents at work and index of occupational diseases.

Morbidity and mortality due to illness and its direct relationship to work, and permanent disability due to illness in the terms of Article 115.2.e) of the General Law of Social Security, which is produce in a higher than average grade.

Working conditions, in which the danger, insalubity and toxicity, the turnicity, the night work and the subjugation to the rhythms of production will be taken into account. Relationship to the age of the worker and the time of exposure to the risk.

Physical and/or psychic requirements required for the development of the activity.

Approximate age from which income is not advisable in the sector or collective, or from which the activity cannot reasonably be developed.

This study will also contain the possibility of changing the working conditions in the sector or activity, on the basis of the report issued to the effect by the Labour and Social Security Inspectorate.

Similarly, the gender variable will also be taken into account.

3. The Secretary of State for Employment may request the issuance of other supplementary reports or studies, both to the bodies indicated and to other public administrations, where appropriate, before formalising their proposal. definitive.

4. The Secretary of State for Employment will also bring to the attention of the most representative trade union and employers ' organisations at the State level and those who have called for the initiation of the procedure, the results of all studies and reports carried out, in order to make any allegations that they consider accurate or to provide as many technical reports as they consider to be of interest, before formalising their final proposal. To this end, the said management centre will provide the trade union and business organisations mentioned above and those who have called for the initiation of the procedure, the data which has been given technical support for the implementation of these measures. studies and reports.

5. Where compulsory studies and reports show that there are, in the development of occupational or occupational activity, conditions of work involving exceptional hardship, toxicity, danger or insalubity, and high rates of (a) Morbidity or mortality, but it is possible to avoid them by changing working conditions, the Secretary of State for Employment will communicate it to the most representative employers ' and trade unions at the state level and to those who have urged the initiation of the procedure, so that, in accordance with the rules in force, (a) to make such an amendment within the sector or activity, indicating whether the change is temporary or final. A copy of the communication shall be transferred, for the purposes provided for in the legislation in force, to the Labour and Social Security Inspectorate.

Article 12. Termination of the procedure.

1. After the preliminary procedure, where the studies and reports indicate the need to apply reducing coefficients or to anticipate the retirement age, due to the impossibility of changing the working conditions, the Secretariat State of Employment shall carry out such communication to the Directorate-General for the Management of Social Security.

2. The abovementioned management centre shall carry out the studies and reports it considers necessary, including, in an express manner, the relevant cost studies which, for the social security system, would have the application of the reduction coefficients, or the application of a minimum age of access to retirement, and an analysis of the comparative law which shows the treatment of the reduction of the age in the sector or activity concerned in the other social security legislation, preferably within the European Union.

3. On the basis of the studies and reports carried out and the conclusions to be drawn from them, the Directorate-General for the Management of Social Security may initiate proceedings, in accordance with the provisions of Article 24 of Law 50/1997, of 27 November of the Government, so that by means of royal decree, dictated on the proposal of the Minister of Labour and Immigration, the minimum age required in each case can be lowered, in a given sector or activity, with indication of the scales, categories or specialties that are affected.

Additional disposition first. Modification of the reducing coefficients, or of the minimum age, of the collectives not included in the royal decree.

1. By way of derogation from the second paragraph of Article 1, the collectives referred to in Article 1 may request the modification of the reducing coefficients, or of the minimum age, laid down in their specific rules, by means of the general procedure and with the requirements laid down in this royal decree.

In any case, the modification of the reducing coefficients or the age limit will lead to the establishment of surcharges in the quotation in proportion to the aforementioned modification.

2. Also, in cases where changes in production processes substantially alter the working conditions in a given activity or sector, in the relevant scale, category or specialty, in respect of the production processes of which the reduction coefficients or the anticipation of the retirement age have been established, the same may be the subject of the corresponding amendment, while respecting the situation of the workers who have developed the specific activity prior to the date on which the abovementioned effects are due modification.

For this purpose, for the organs referred to in Article 1, and on a regular basis, the necessary studies shall be carried out for the performance of the provisions of the preceding paragraph.

Additional provision second. Previous approvals.

1. Where, in accordance with Article 12.1, a royal decree is drawn up for the reduction or anticipation of the retirement age, which shall affect workers of the General Administration of the State, that rule shall count with the prior and express authorisation of the Ministry of Economy and Finance.

2. Similarly, if the corresponding royal decree affects the administrative organization or the staff regime of the General Administration of the State, prior approval of the ministerial department that has been assigned will be necessary. competencies.

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. Amendment of Royal Decree 383/2008 of 14 March establishing the coefficient of reduction of the retirement age in favour of firefighters at the service of public administrations and bodies.

A new additional provision is added, the second, passing the current single additional provision to be the first, to Royal Decree 383/2008 of 14 March, establishing the coefficient of reduction of the retirement age in For the service of the public authorities and bodies, the following wording:

" Additional Disposition Second. Change in ownership of the public service.

The rights deriving from the provisions of this royal decree will continue to be recognized in their own terms to workers who, in accordance with the provisions of Article 1, are included in their scope of application, even if there is a change in the ownership of the public service that they come by. "

Final disposition third. Application and development powers.

The Minister of Labour and Immigration is empowered to dictate the general provisions necessary for the implementation and development of this royal decree.

Final disposition fourth. Entry into force.

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

Given in Madrid, on November 18, 2011.

JOHN CARLOS R.

The Minister of Labor and Immigration,

VALERIAN GOMEZ SANCHEZ