Law regulating the management and administrative organisation of the Caixa Andorrana de Seguretat Social since the General Council at its session of 18 December 1997, has approved the following: law regulating the management and administrative organisation of the Caixa Andorrana de Seguretat Social Summary preamble title I. the nature and functions of the CASS Article 1. Article 2 definition. Article 3 legal status. Article 4 missions. Principles of Action Title II. General organization of the CASS Chapter 1. The Board of Directors Article 5. Definition in Article 6. Article 7 composition. Duration of the term of Article 8. Protection of workers ' representatives Article 9. Article 10 competencies. President's choice Article 11. Secretary, Article 12. The Board of Directors in Article 13. First session Article 14. Meetings of the Board of Directors Article 15. Article 16 quorum. Impediments and Article 17 replacements. Remuneration Chapter 2. The Chairman of the Board of Directors Article 18. Chapter 3 functions. The delegate committees Article 19. Creating Article 20. Composition Chapter 4. Article 21 the director. Appointment Article 22. Article 23 functions. Signature of Chapter 5. The staff section 24. Article 25 applicable regulations. Functional organization and hierarchy Chapter 6. The auditor Executive Article 26. Article 27 designation. Title III Functions. Elections to the Board of Directors Article 28. Conditions to be voter Article 29. Electoral colleges Article 30. Eligibility conditions Article 31. Incompatibilities Article 32. Article 33 candidates. Provisions in the event of absence of nominations Article 34. Call for the voters Article 35. Publication of the results Article 36. Modalities of organization final provisions transitional provisions preamble The new legal framework defined by the Constitution and the general law on public finances imposes the modification of the regulations governing the structural and functional aspects of the Caixa Andorrana de Seguretat Social.
This need for reform comes reinforced, together, to the provisions of the law on modification of article 10 of the regulation of application 4 out of the CASS, dated 12 December 1996, which set as a maximum for the definition of the composition and of the modalities of appointment or election of the Board of Directors, on 31 December 1997.
In order to ensure a rapid and coherent character reform have been defined two complementary stages.
The present Law corresponds to the first task mentioned, and establishes, in particular, the definition of general principles and of the Organization of the CASS. Also determines the modalities of election of the Board of Directors.
The rules of application will be precisades by a (s) Regulation (s) prepared (s) by the Government, in keeping with the axes and the principles defined in this law.
In a second phase, the legislature promulgarà one or more texts that will define, in particular, the fields of application, the principles and the rules of financial management, services and procedures in the field of control and assistance, as well as the General and specific provisions relating to the areas currently known as "disease" and "old age".
Title i. Nature and functions of the CASS Article 1 Definition The Caixa Andorrana de Seguretat Social (designated with the initials CASS) is an entity company and has the essential mission of securing the administrative, technical and financial management of the Andorran social security system, under the control of the Government.
Article 2 legal status for the performance of its mission, the CASS has the legal personality with the fullness of rights and obligations which are inherent.
Article 3 The Missions CASS made, in particular, the memberships, the high and low in the insurance policy; perceived social contributions; appointment to judicial the debtors and the offenders; for effective performance; assumes the tasks of inspection and control inherent in their mission; manages the dispute up to the collection of the sums due and/or to the application of the corresponding sanctions.
The CASS is empowered to negotiate and approve technical and administrative rules for the application of treaties and international agreements concerning social security ratified by the General Council, and shall promptly inform the Government.
Article 4 principles of action is instituted as seats of activity, in the area of management and administration, are of procedural economy, efficiency and speed, as well as managing its own diligence in the nature of public service mission exercised.
Title II. General organization of the CASS Chapter 1. The Board of Directors Article 5 Definition The Board of Directors is the highest organ of representation and administration of the CASS.
Article 6 Composition of the Board of Directors is composed of: 1). Four members appointed by the Government, proposed respectively by Ministers in charge of health policy, social policy, employment policy and finance. The Government is empowered to, at any time, revoke the members appointed by him and proceed to their replacement.
2.) two members elected on behalf of the electoral college of the wage earners.
3). A member elected in electoral college representation of pensioners.
4.) a member elected in electoral college representation throughout the rest of the cotitzants.
The various electoral colleges and the modalities of choice are defined in title III of this law.
Also attending the meetings of the Board of Directors with voice but without vote: the director, the Deputy auditor of the Government, the Secretary of the Board of Directors, Article 7 duration of the term of the members of the Board of Directors have a mandate of a duration of four years and may be renewed in the post.
However, the president can only be adopted by the same person for two consecutive mandates.
Article 8 protection of employees ' representatives in order to ensure the free access to and the exercise of their function, the members of the Board of directors who represent the employees enjoy an enhanced labour protection: The employer must take the necessary measures so that the salaried elected can participate in the best conditions to the meetings and the tasks of the Board of Directors. However, the pattern does not have the obligation of giving back the hours not worked for this concept.
The layoffs or severely discriminatory acts
that tip to a rupture of the employment bond, expressly motivated or not to the exercise of the function of Member of the Board of Directors, are considered as a placement for the purpose of assessing compensation.
Article 9 Powers Are powers of the Board of Directors: 1. The representation of the CASS, extrajudicialment, with partial delegation of faculty and legal actions on the controller.
2. The appointment of its president.
3. The control of the execution of the decisions taken by the Board of Directors, the guidelines given to the director general and of the smooth operation of the organization.
4. The eventual creation of delegate commissions, in the materials defined by regulatory pathway, and control of the activities of these delegate committees.
5. The appointment and dismissal of directors or heads of staff and facilities attachments assimilated.
6. The preparation of reports, in consultative purposes, when it proposes the modification of the services and/or contributions or when the Board of Directors deems such modifications.
7. The adoption of agreements with members of the health professions and the health establishments in Andorra and from abroad.
8. The adoption of the technical and administrative rules for the application of treaties and international agreements ratified by the General Council in the area of social security.
9. The examination and, if appropriate, the approval of the annual financial statement, which must necessarily include at least the annual account of exploitation, the State of the assets and liabilities of the company at the end of the year, as well as the necessary documents drawing up in accordance with the provisions of the general law of public finance, and its submission for approval to the Government.
10. The examination and, if appropriate, the approval of draft budgets and their submission for approval to the Government, according to the provisions of the general law on public finance.
11. The preparation of a proposal for fixation and distribution of existing reserves in accordance with the status of assets and liabilities and the submission of this proposal to the Government for approval.
12. The right to submit to the Government draft law of special credits or credit charge.
13. The right to issue reports and proposals to the Government when they drafted legal texts or regulatory provisions that may have a direct impact on the Organization, the functioning or the financial structure of the CASS.
14. The right to draw up an internal regulation of operation of the Board of Directors to be subject to the approval of the Government.
Article 10 election of the president of the Board of Directors elects among its members, a Chairman who shall be of Andorran nationality.
Your choice will be made by an absolute majority in the first ballot or by a simple majority in the second vote.
Between the two ballots must be spent within at least 48 hours and maximum of seven calendar days.
If none of the two votes got the required majority will proceed to the election of the president by means of a draw between the two most voted postulants.
Article 11 The Secretary of The Board of Directors appoints and revokes freely the Secretary of the Board of Directors. This feature is about a lawyer in the exercise or a staff member of the CASS enough capacity.
In all cases, the Secretary is subject to the strictest obligation to reserve.
Article 12 the Board of Directors in features, to prevent material, the term of Office of the members of the Board of Directors has expired without the new Board of Directors is legally established, between the date of the normal expiration of the term of Office of the members of the Board of Directors and the entrance to according to the new Board of Directors, may not spent more than three months. During this period, the Board of Directors continues in functions and does not take decisions beyond the acts of mere management.
Article 13 first session The first session of the newly constituted Board of Directors is convened by the president at functions, at the latest within a period of fifteen days from the date of publication of the results of the elections to the OFFICIAL GAZETTE.
The single point in the order of the day is the election of the new president. Is communicated to the Government of the result of the election.
Article 14 meetings of the Board of Directors The Board of Directors meets at least once a month. The president convenes the meetings on its own initiative, at the request of the director or of three members of the Board of Directors, with an agenda that should include the date, time and place. Unless agreed to the contrary of the Board of Directors, will not be able to start any debate on a particular question if a minimum of five days has not been distributed to each Member of the documentation relating to the issue the subject of deliberation.
Each session, the Secretary n extends record. Each record includes at least the number and the identity of the participants, the date, a synthetic summary of the debates and the resolutions adopted.
After the approval of the Board of Directors, the acta is transcribed in the book of acts and signed by the president and by the Secretary.
Article 15 Quorum The Board of Directors can deliberate validly with the assistance of at least six of its members.
However, you can deliberate validly with the assistance of at least four members, in the cases provided for in article 33 of this law.
The resolutions are validly taken by a simple majority of the members present.
The president can exercise his casting vote to resolve the situations of a tie.
Article 16 Impediments and replacements 1. Constraints in the case of specific disability to attend a meeting, the Member of the Board of Directors you may delegate his vote to another Member of the Board of Directors, by means of simple power directed to the president.
2. Substitutions the resignation of a member of the Board of directors or the inability, for whatever reason, to continue to exercise his mandate gives rise, depending on the case, in: the appointment of a new Member of the Board of administration by the Government, at the proposal of the Ministry concerned, the functions of the Deputy elected in its day by the corresponding electoral college.
The resignation or definitive impediment of the reserve entered functions results in a partial election, in the corresponding collective.
Article 17 The remuneration of the president and the members of the Board of directors receive a remuneration, for their effective participation in the sessions of the Board of Directors.
This remuneration is included in the budget of the CASS.
Chapter 2. The Chairman of the Board of Directors
Article 18 Duties the President set the date, time, place and the agenda of the meetings of the Board of Directors.
Oversees respect for the order of the day and, in general, for the good development of the sessions.
In accordance with the general law of public finance, the Chairman of the Board of Directors: ensures the management of the economic rights of the public finances, with the possibility of total or partial delegation on the controller, ensures the management of the budget spending obligations, with the possibility of total or partial delegation on the controller, order the payments, with the possibility of delegation the director with the agreement of the Board of Directors, may order the costs of planned investment budget pending approval, and that had already been approved with multi-annual character.
The president delegates on the controller, with the corresponding limitations with regard to the amounts, the execution of the operating payments, in particular, in the area of technical costs related to the provision of sickness and old age.
On the other hand, delegates the execution of the payments that come within the framework of the administrative management, in particular in terms of staff, information technology and material.
Chapter 3. Commissions established in Article 19 the Board of Directors may create and dissolve freely a few commissions in which delegates all or part of its powers in the sectors or matters determined by regulatory pathway.
Article 20 Composition commissions are formed by at least two members of the Board of Directors and, eventually, to staff members of the CASS, without prejudice to the possibility of external advice if the complexity of the matter so requires, subject to authorization from the Board of Directors.
Chapter 4. Article 21 the director Appointment to the director of the CASS is freely appointed and dismissed by the Government.
The Board of Directors can propose to the Government the dismissal of the director, as long as there is a serious or the reiteration of offences within the exercise of its functions, a criminal conviction or whether it confirms, in the framework of its right of control, a lack of diligence serious or obvious incompetence.
Article 22 Functions to the director of the CASS exercises all the functions of management and internal control of the CASS.
Is responsible for the technical and administrative expenses and the payment of the contributions.
Assume all the functions expressly delegated by the Board of directors or by the president.
Produces the documents required for the Board of Directors in matters of financial statements, accounts and budgets and proposals of financial or technical character.
Hire the necessary personnel, according to the General principles of access to the public administration. Is responsible for the management, promotion and control of personnel.
Reply of the management and the execution of its mission in front of the Board of Directors.
Article 23 signature Delegation the director may delegate, with prior agreement of the Board of Directors, his signature in a head of service of the CASS, for a limited period of time, in order to meet the needs of the service, in case of absence for holidays or illness, or for any other reason duly accredited.
Chapter 5. The staff Article 24 applicable regulations The CASS staff is subject to the rules and regulations for the staff in the public administration. In addition, it set up a particular obligation of professional secrecy regarding the personal and medical information on the records of the cotitzants.
Article 25 functional Organization and technical structure hierarchy and hierarchical of the CASS, as well as the functions carried out by the different services or areas will be established by legal or regulatory provisions further.
The heads of service or of areas can be named and voted out by the Board of Directors, at the proposal of the director.
Chapter 6. The auditor-controller appoints a Government Designation Article 26 delegate delegate in the CASS, at the proposal of the inspector general, and with the prior approval of the Minister of finance.
Article 27 Functions the controller delegate exercises the functions that are assigned by the legislation.
Title III. Elections to the Board of Directors Article 28 conditions to be voter all CASS cotitzants have the right to vote to elect the representative or representatives of the Group of cotitzants to which they belong.
There is the possibility of being more than one voter in the electoral college.
Article 29 electoral colleges will be instituted in order to merely three electoral colleges which include all of the CASS cotitzants who meet the conditions set out in the previous article.
The electoral college of the collective non-wage-earners of the integrated agricultural or agriculture.
The electoral college of pensioners integrates all beneficiaries of a pension of the CASS, who actually make contributions.
The electoral college of the employers and of wage earners not integrates the rest of CASS cotitzants.
Article 30 conditions of eligibility all candidates to the function of a member elected to the Board of Directors of the CASS or alternate must meet the following conditions: a) Being of legal age and have their primary residence and permanent in the Principality.
b) have worked continuously for a minimum of ten years immediately prior to the date of elections in any of the groups, provided that the candidate has contributed during the last five years in one of the groups that make up the electoral college for which is presented in the election.
c) keep track of payment of contributions, and any surcharges or strong sanctions, and have no pending dispute with the CASS.
d) submit a minimum number of signatures in the electoral college cotitzants for which the candidate and his Deputy are presented in the election, according to the following modalities: one hundred signatures for candidacy for the representation of employees.
fifty signatures for candidacy for the representation of pensioners.
fifty signatures for candidacy for the collective representation of the patterns and of non-wage-earners.
You can only apply for the election in a single electoral college, the title of candidate or alternate.
Article 31 Incompatibilities Are ineligible: a) The judges of the Constitutional Court;
b) the members of the General Council;
c) the head of Government and their Ministers;
d) Are members of the common tips.
e) Are members of the High Council of Justice;
f) the batlles and magistrates and members of the public prosecutor in Active;
g) The Secretaries General of the General Council and of the Government;
h.) the Secretaries of Commons;
I) Are members of the staff of the CASS or other autonomous entities of social protection.
They are also ineligible are condemned to a firm sentence to sentence of imprisonment, the duration of the penalty.
Article 32 Candidates two months before the scheduled date for the elections, by publication in the OFFICIAL GAZETTE, the Board of Directors of the CASS makes public the date of the election and declare open the deadline to submit nominations to the election of the representatives of the different electoral colleges.
The nominations will be formalised in the CASS, with the necessary receipts, within two to three weeks from the publication. The candidates are necessarily binominals, as they consist of a candidate and an alternate.
All the candidates are examined by the Board of Directors that monitors compliance with the requirements defined in this law. The acceptance or refusal of the application is notified to the person concerned. The denial must always be duly motivated.
Article 33 Provisions in case of the absence of candidates In the event that a total lack of nominations, not being able to proceed to the election of the members of the Board of Directors representing the cotitzants, the new Board of Directors shall be validly constituted by four members appointed by the Government.
Likewise, the Board of Directors shall be validly constituted by four members appointed by the Government and the candidate or candidates that are elected, although, due to lack of nominations, some of the colleges mentioned in article 29 of this law do not have representation.
Article 34 Notice of voters the call is made by letter to the address of the elector.
Containing at least the following: the date of the elections, the radiation of the local ability to this effect and the opening hours, the electoral college belongs to the elector, binominals lists corresponding to this electoral college.
Article 35 the publication of the results are proclaimed members of the Board of Directors and alternates candidates from the two lists most voted in the electoral college of the wage earners, the list of the electoral college votes of pensioners and of the list of electoral college votes and patterns of non-wage-earners.
If the vote is a tie between two or more candidates, within a period of eight days must make a new vote between these candidates.
If this new vote will produce another tie, as soon as you finish the scrutiny has been to make a drawing that is to put a piece of paper with the name of each candidate within the URN, and chosen the nomination the name goes first in the ballot box.
The election results are published in the OFFICIAL GAZETTE within a maximum period of 15 calendar days counted from the date of your celebration.
Article 36 types of organization the Government will, through regulatory, practical modalities of the Organization of the elections of the representatives of the cotitzants to the Board of Directors does not provided for in the present law.
Transitional provisions First Published this law in the Official Gazette of the Principality of Andorra and, within a period of fifteen days, the Government approved the regulation which refers to article 36 of this law.
Second Is repealed as of the first paragraph of article 2 of the law dated December 12, 1996. The end date of the term of Office of the current members of the Board of Directors initially established as of December 31, 1997 is extended in any case for a maximum of three months after the entry into force of the regulation in that it refers to article 36 of this law.
During this period, the current Board of Directors will continue in functions. Will not take decisions that would exceed the mere management and is responsible for organizing the elections to the Board of Directors, in accordance with the provisions of the present law.
Third while not specified via the regulatory scope and the content of the powers of commissions, the current fees validly continue to develop their activities.
Final provisions First abolishes all rules prior to this law, in what the versus offline.
Second this law shall enter into force on the day of its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 18 December 1997 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Chirac Joan Martí Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra