The Social Security Budgets for 2012 (Comments to the Law 2/2012, of 29 June, General State Budgets for 2012 and to other legal provisions with measures in the field of Social Security)

Abstract

The year 2012, in relation to budgetary matters, has been characterized by the initial extension of the budgets for 2011 established through Royal Decree 20/2011, of 30 December, on urgent measures in budgetary, tax and financial matters for the correction of the deficit, extension which has remained in force until the entry into force of the Law 2/2012, of 29 June, which approves the General State budgets for the current year –LPGE 2012–.

As consequence of this, and so the matter of Social Security is concerned, the amendments made to the 2012 LPGE barely contain substantial changes with respect to the built-in in the Royal Decree-Law 20/2011, although some developments affecting different issues that are discussed in this paper are included, where outlining differences that they are observed on which entered into force with effect from January 1, 2012 and those that they really mean an innovation on the rules that were applied.

Furthermore, some legal provisions affecting some aspect of the Social Security system have been approved during the first half of 2012 and, mainly concerning the retirement pension, are related to the mechanism of integration of budget gaps that may exist in the foundations of trading period taken for the determination of the regulating base of these pensions (also in the permanent disability), the incorporation in the pension system of the so-called «sustainability of the same factor» or the repeal of compulsory retirement clauses contained in collective agreements, issues that, in addition to others such as those relating to the right to public health care (provided through the Social Security System), are analysed in detail in this paper.