Regulation on the Insurance of State Personnel and Teachers against Accidents

1. Sickness benefits paid by mandatory insurance or military insurance during absence from work shall be due to the employer up to the amount of the salary paid. If the benefit exceeds this amount, the surplus shall be due to the employee.

2. If the injured employee is entitled to disability pensions (or lump-sum benefits) from the insurance, these shall be computable by the Council of State against their salary, according to the following provisions

a) If the employee is able, despite the event that caused the damage, to perform their function as before or other at least equivalent functions, and if their disability does not exceed 15%, the insurance benefits shall not be computed against their salary;

b) If the degree of disability exceeds 15%, half of the corresponding amount shall not be computed against the employee's salary;

c) If the employee is unable to fully perform their functions or the new functions assigned to them, the amount of the pension shall be computed against their salary, considering all factors affecting their working capacity. The pension shall not be computed if, following the event that caused the damage, the salary undergoes a reduction;

d) In the cases contemplated in the preceding letters, the computation of benefits against the salary may be partially or totally waived if, as a result of the accident, the employee cannot benefit from salary improvements that appeared certain.

These provisions also apply to pensions acquired before entering State service, provided they are not lump-sum benefits.

[2] Every accident must be reported promptly to the Department of Finance and Economy, Office of Salaries and Insurance.

[2] Art. amended by R 11.1.1996; in force since 1.1.1996 - BU 1996, 14.

This regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force with effect from May 7, 1985.

Published in OB 1985, 399 and 407.