This document responds to suggestions proposed at UNEAC congresses and unifies the legislation currently in force for creators and artists.
The Cuba Republic’s Council of State recently approved the Decree-Law No. 170 “On Social Security for Plastic, Applied, Musical, Literary, and Audiovisual Arts Creators and Arts Workers”.
This Decree-Law responds to suggestions proposed at UNEAC congresses and unifies the legislation currently in force on artists’ social security by broadening its reach and by adapting it to Law No. 15 of 2008, “On Social Security”.
Protection in regards to age, artists’ maternity, total disability and to the family, in case of death, is established additionally, for independent artists, including musicians, writers and audiovisual artists, as well as plastic and applied arts creators that were already protected. They will be incorporated in the regime on the basis of their inscription in the national register and according to their specific activity.
The pension based on age has the same requirements of the general regime – to be 65 years old (men) and 60 years old (women), to prove 30 or more years of contribution or services rendered, and to have payed contributions at least during the five years immediately prior to the moment when the pension is requested. The pension’s amount is 60% of the income according to which the artist contributes.
Regarding the total disability pension it is required to have payed contributions at least for two years immediately prior to the moment when the disease was contracted, and regarding the maternity pension, at least for 12 months immediately prior to pregnancy. Regarding pension due to death, the only requirement is to be up to date with the contributions.
The special treatment given to social security by this Decree-Law in the case of wage-earning artists in the face of disability, maternity, or regarding their right to receive a pension, when the last working contract ended less than a year before (it is assumed that the working relation is formalized through contracts for a determinate time span or commissioning an artwork) is of great importance. The ministries of Labour and Social Security, Treasury, Public Health, and Culture, as well as the Instituto Cubano de Radio y Televisión (Cuban Broadcasting Institute), will establish all the regulations required to apply the Decree-Law.