Royal Decree 453/2022, of June 14, which regulates the determination of the causal event and the effects of the retirement pension in its contributory form and the economic benefit of IMV, and modifies various S.Social regulations
On June 15, it was published in the Official State Gazette, this Royal Decree 453/2022 of June 14, whose purpose is to regulate the determination of the event causing the retirement pension in its contributory form and the non-contributory minimum vital income benefit as well as its economic effects.
In the area of recognition of the right to contributory economic benefits from Social Security It is necessary to give a new regulation to the determination of the causal event in relation to the retirement pension, in its contributory modality, in order to expand the protection granted and adapt it to the socio-labor changes and the economic evolution produced since the dispersed and in many cases rigid regulations that govern this important institution were approved.
The event causing the pension retirement It is set on the date on which, by meeting all the required requirements, the right to the benefit is created, having an impact on its calculation and economic effects, which determines that, sometimes, the same person has the theoretical possibility of accessing the benefit.retirement on different dates and under different circumstances, as well as that the pension that may correspond to you in each case has content and effects that do not always coincide.
Hence the relevance of the date taken as a reference to establish the event causing the pension, especially if we take into account that once recognized it is not possible to cause it again, without prejudice to the fact that, in certain cases and as a consequence of the performance of new jobs or activities, it is feasible to recalculate it.
This reinforces both the voluntary nature that must preside over access to the pension retirement such as the autonomy to decide the moment and circumstances of this.
In addition, It is necessary to expressly establish the date on which the event causing the economic benefit of minimum vital income must be established. which establishes the minimum vital income, making it coincide with the date of submission of the application.
So, Article 67.1 is modified and a new article 67 bis is introduced in the Regulation on collaboration of the Mutual Insurance Companies for Work Accidents and Occupational Illnesses of the Social security, approved by Royal Decree 1993/1995, of December 7, with the purpose of delimiting the social assistance benefits that mutual societies collaborating with the Social security are authorized to grant, as well as their possible beneficiaries. Comparative table is attached.
In the second final provision, the General Regulation on Listing and Settlement of other Rights of the Company is modified.Social security approved by Royal Decree 2064/1995 of December 22, given that the obligation to sending resolutions that declare compensation for benefits paid under the delegated payment regime or the deductions made to be improper has become outdated, since all the necessary data can be communicated for the debt to be generated in the General Treasury of the Social security without the need for documentary submission.
In the third final provision, the General Regulation on company registration and affiliation, registrations, cancellations and variations of worker data in the Social security, approved by Royal Decree 84/1996, of January 26 for expand the data that must be communicated in relation to workers and the work centers where they provide services, taking into account the occupation of the workers, communicated based on the codification established by the National Classification of Occupations, regulated by Royal Decree 1591/2010, of November 26, which approves the National Classification of Occupations 2011, and by the National Classification of Education, regulated by Royal Decree 269/2000, of February 25, which approves the National Classification of Education 2000.
The fourth and fifth final provisions proceed to modify the Order of the Ministry of Labor and Social Affairs, of July 18, 1997, for the development of Royal Decree 148/1996, of February 5, by which regulates the special procedure for the reimbursement of benefits of the Partner Security l improperly perceived. All of this may be modified or repealed in the future by regulations with the rank of ministerial order.
In the sixth final provision, the General Collection Regulation of the Social security, approved by Royal Decree 1415/2004, of June 11, in which, on the one hand, capitalization interests are closed on the date of issuance of the debt claim by the General Treasury of the Social security, understanding that it is a certain date, which avoids making the debt dependent on other factors, such as the time of receipt of the notification or the time of payment, the Supreme Court having clarified in its Judgment of the Contentious-Administrative Chamber dated July 23, 2015 that "Interest is not another item that must be added to the amount of the capital cost due to a delay in its payment, but is part of the capital cost itself when updated at the time of the event." cause, which is from when the benefit increased by the surcharge must be paid.
And on the other hand The obligation of the managing or collaborating entity, administration or body to send to the General Treasury of the Social security resolutions or firm agreements through administrative procedures for the declaration of benefits as improperly received, given the need to adapt the collection procedure to a technological reality present in public administrations that allows them to be much more computer interconnected than they were when the aforementioned regulation was approved and that makes the documentary submission of these files unnecessary.
The tenth final provision states that this royal decree will come into force the day following its publication in the "Official State Gazette" and will apply to pensions of retirement in its contributory modality that are requested from that date.
Without prejudice to the provisions of the previous section, the modification of the General Regulation on company registration and affiliation, registrations, cancellations and variations of worker data in the Social security, approved by Royal Decree 84/1996, of January 26, made by the third final provision, will take effect from January 2, 2023.
