As a rule, it is an agreement
signed voluntarily by the workers with the Treasury General of the Social
Security with the aim of generating, maintaining or extending, in certain
situations, the entitlement to Social Security benefits, and with the
obligation to pay the corresponding contribution payment to their exclusive
account.
In other cases, such as the
special agreement for companies and workers subject to labour force reduction
plans that include workers of 55 years of age or over, the signing of the
agreement is enforced by the Provincial Directorate of Labor and the agreement
is signed by the company and the worker on the one hand and the General
Treasury of the Social Security on the other
The
Special Agreement will have the purpose of covering the benefits corresponding
to permanent disability, death and survival, those stemming from common illness
and non work-related injury, retirement and social services.
Agreements
signed before 1st January 1998 had the option to sign, in a voluntary nature,
the health care benefit for common illness, non work-related injury and
maternity. These agreements will continue to be governed by the regulations
that were applied to them. Nevertheless, after this date the option to reduce
the scope of coverage of the Special Agreement is not available.
·
Workers work terminate their
affiliation with their current SS Scheme and are not included in any other
scheme.
·
Employed workers on permanent
contracts and self-employed workers included in the Social Security
System, as long as they have active contributor status, are aged 65 years
or over and have 35 years or more of effective contributions.
·
Workers or
assimilated workers in a situation of multiple employment or multiple activity
who stop one of the activities as an employed or self-employed worker.
·
Workers or assimilated workers who
end their activity as an employed or self-employed worker and have contracts
with remuneration that gives rise to a contribution base below the average of
the twelve months immediately prior to ending the activity.
·
Recipients of total permanent
disability pension for their usual occupation, who have carried out work after
the effective date of the corresponding pension, were included in a Social
Security Scheme and find themselves in one of the aforementioned situations.
·
Workers who are receiving
unemployment benefits and stop receiving them.
·
Pensioners who have been declared
as partially unfit for work or disabled.
·
Recipients of a pension for
permanent disability or retirement, whose pension has been cancelled by virtue
of a final judgement.
·
Workers who
have terminated their affiliation by making a pension application and this
application has been rejected.
The Special
Agreement application shall be made by submitting the corresponding form to the Office of the General Treasury of the
Social Security, which corresponds to the applicant´s home.
-There are two deadlines:
* 90 days following the termination or situation determining the
special agreement.
* 1 year following the termination or situation determining the
special agreement.
Have coverage of a minimum
contribution period of 1,080 days in the twelve years immediately prior to
cessation in the Social Security Regime in question.
For this purpose, contribution
payments made in any of the Social Security System's Regimes will be taken onto
account, including those corresponding to payments-days for extraordinary wage
payments; those that may have been made as a consequence of another special
agreement for coverage of the same economic benefits; those relating to days
that are considered as an effective contribution period during the first year of
extended leave of absence or a shorter period, in accordance with the
legislation applicable, for care of a child or family member up to the second
degree for reasons of age, accident or illness; as well as, if this were the
case, the days for which payment contributions are made during the period of
receiving unemployment benefits or subsidies and periods in which contribution
payments are likewise made in another Member State of the European Economic
Space or those in which an International Agreement exists in this respect,
unless the special regulation or the International Agreement establishes
differently, as long as they do not overlap nor are prior to the date of the
effects of the spacial agreement which is being applied for.
Nevertheless, the days for which
the applicant worker is not up to date in his or her contribution payments
prior to the date on which the agreement takes effect, when the applicant
worker was obliged to fulfil such obligation, will not be taken into account.
In the case of recipients of
pensions for permanent disability or retirement whose right to the pension has
been cancelled or terminated for any reason, this minimum contribution period
must be covered at the time the obligation to pay contribution terminated.
The minimum contribution period
will not be required in special agreements where the regulations so establish.
If the special agreement
application has been presented within 90 calendar days following the date of
the termination of the activity or of the situation which determines signing
the special agreement, it will take effect from the day following that on which
the cessation in the corresponding Regime becomes effective, unless the
applicant opts to have it commence from the presentation of the application.
If the agreement application had
been presented outside the deadline period of 90 days, it will take effect from
the day on which the application is presented.
The special agreement reached with
the Social Security shall be suspended, with respect to the obligation to make
contributions and the corresponding protection, during the periods of activity
of the worker or assimilated worker who have subscribed to it when they
determine their inclusion under the scope of any of the Social Security
schemes, whether in a continuous or intermittent employment situation, whenever
its contribution basis is less than the contribution basis applied in the
special agreement, except when the special agreement subscriber expresses
his/her will to suspend the agreement or that the agreement remain in effect.
The execution of activities that
lead to suspension must be notified, by the agreement subscriber, within 10
natural days following the resumption of activities, with the suspension of the
special agreement going into effect from the day prior to returning to work. If
the notification is made following this period, the suspension will take effect
only from the date of notification.
Upon completion of the cause of
suspension of the special agreement, the agreement that had been subscribed may
be resumed from the day following the day on which the cause of suspension
ceased, if the interested party notifies this situation to the corresponding
Provincial Department of the Social Security Treasury Office or its
Administration Office within the natural month following the month in which the
employment termination occurred.
The special agreement will expire
due to any of the following reasons:
·
If, as a result of the activity
they pursue, the interested party is included in the scope of application
of the same Social Security Scheme in which an agreement was entered into
or in another of the Social Security System Schemes, as long as the worker
or assimilated worker who entered into it renders their services or pursues
their new activity on a full-time or part-time, permanent or fixed-term and
continuous or intermittent basis, and the new applicable contribution base is
greater than or equal to the special agreement contribution base.
·
If the interested party acquires
pensioner status, due to retirement or permanent disability, in any of the
Social Security System Schemes.
·
Failure to pay the relevant
contributions for three consecutive months or five alternate months, except in
the event of duly proven force majeure.
·
Death of the interested party.
·
Decision of the interested party,
notified in writing or by technical media to the Provincial Directorate or
Administrative Office of the General Treasury of the Social Security. In this
case, expiry of the special agreement shall be effective from the first
day of the month following the date of notice.
For further details please contact VP Advisers.
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