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Resolution Of 24 October 2005, Of The General Treasury Of The Social Security, On Delegation Of Powers In Its Central And Provincial Organs And Of The Social Security Information Technology Management.

Original Language Title: Resolución de 24 de octubre de 2005, de la Tesorería General de la Seguridad Social, sobre delegación de competencias en sus órganos centrales y provinciales y en la Gerencia de Informática de la Seguridad Social.

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TEXT

The purpose of this Resolution is to delegate the exercise of various powers of this Directorate General of the General Treasury of Social Security in the organs of the Ministry of Social Security and the Management of Computer Science. Social security, in order to guarantee the greatest agility and administrative efficiency in its performance and to carry out the delegations in a joint and unitary manner, including those already collected in different Resolutions of this Agency and others whose (i) approval is deemed appropriate on the basis of new management needs; the existing regulatory framework on the subject.

On the basis of the above, pursuant to Articles 13 and concordant of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as in the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and with the prior approval of the Secretary of State for Social Security, this Directorate General resolves:

First.

The following powers are delegated to the holder of the General Secretariat:

(a) The authorisation of expenditure and payments under the Expenditure Budget of the General Treasury of Social Security, except in the cases in which that function is delegated to the holders of the General Management Subdirectorates of Heritage, Investments and Works and Human Resources and Materials.

(b) The tasks relating to this Directorate-General in the field of procurement, with the exception of the powers of the authorising officer for the initiation of files and the award of contracts which, by their amount, require authorization or prior agreements, as well as the functions which are delegated to them in the headlines of the General Subdirectorates for the Management of Heritage, Investments and Works and Human Resources and Materials and in the Provincial Directors by means of the Resolution.

Second.

It is delegated to the holder of the Subdirection General of Enrollment, Affiliate and Collection in Voluntary Period the exercise of the following powers:

(a) The assimilation of professional categories into groups of contributions in respect of workers falling within the scope of the General System of Social Security.

(b) The authorisation of the centralised management of certain liquidatory and collecting functions in a Provincial Directorate or Administration of the General Treasury of Social Security, as well as the revocation thereof.

(c) The authorisation of the entry of the Social Security contributions into regulatory deadlines other than those established on a general basis, as well as the revocation thereof.

(d) the authorisation of the compensation of the amount of the benefits paid under the delegated payment scheme for periods other than those in which the payment is made, as well as the revocation of the same.

e) The celebration of concerts on the collection of social security in a voluntary period with professional associations, at interprovincial level.

Third.

The following powers are delegated to the holder of the General Subdirectorate for the Management of Payments and Management of the Reserve Fund:

1. As a Secondary Computer for Payments in the Central Services of the General Treasury of Social Security:

(a) The determination of the management centres of the Management Entities and the Common Services of Social Security, which may have a wiggle fund and the amount of it in each of them, as well as the costs or payments for non-budgetary operations other than those attributable to Chapter II of the Budget of Expenditure and Social Security Budget Dotations which may be dealt with under such funds, as provided for in Articles 10 (f) and 13.2 of the General Regulation of the Financial Management of Social Security, approved by Real Decree 1391/1995 of 4 August.

(b) The authorisation, in exceptional cases, for the use of the operating fund to make individual payments of a sum of more than EUR 12,020,24 in respect of expenditure other than those referred to in Article 13.2.b) of the Regulation General Financial Management of Social Security.

(c) The authorisation, where there are causes to justify it, for the operating centre assigned to a management centre to be placed in open accounts in a number of financial institutions, as well as the existence in such centres of the cash amounts in the fund to meet unforeseen needs and lower costs, by fixing the maximum amount of such amounts, as provided for in Article 13.2.3 of the Order of 22 February 1996, for the implementation and development of the General Regulation on Financial Management of Security Social.

(d) The determination, where appropriate, of the order of payments to be made immediately, on the basis of the information received from the issuing institutions and in accordance with the established payment schedule and the availabilities financial, as referred to in Article 9.2 of the Order of 22 February 1996.

(e) The establishment of the order of priorities for the management of payments if the funds available were insufficient to deal with the total of the payments proposed, as provided for in Article 10.1 of the Order of 22 December February 1996.

(f) The issuing of the accounting documents which are necessary in the exercise of their powers as the Secondary Authorising Officer of Payments, as well as those arising from the practice of embargoes.

2. In relation to the Mutual Work and Occupational Accident Mutuals of Social Security:

(a) The holding of concerts for the voluntary reinsurance of excess losses, as provided for in Article 63.2 of the Regulation on the collaboration of the Occupational Accidents and Occupational Safety Diseases Social, approved by Royal Decree 1993/1995, of 7 December.

(b) The revenue management of 80 per 100 of the excess surplus which the Mutuas must enter in accordance with the provisions of Article 66.1 of the Regulation referred to above, as well as the resolution agreeing to reinstate those of the funds from that 80 per 100, subject to the authorisation of the Ministry of Labour and Social Affairs.

(c) The management of excess surplus resources intended to provide the Social Security Reserve Fund that the Mutual Funds must enter in accordance with Article 73.3 of the repeated Regulation, as well as the resolutions that agree to the payment of an additional financial supplement by those who credit financial insufficiency to cover the functions and activities of the management of the economic benefit due to temporary incapacity arising from common contingencies; in the event that such insufficiency is caused by structural circumstances.

d) The performance of other acts related to the economic and financial management in the framework of the relations of the General Treasury of Social Security with the Mutuas.

e) The issuance and authorization of accounting documents that result from the performance of the delegated functions in the preceding letters.

3. The exercise of the economic-financial relations of the General Treasury of Social Security with other Administrations, Entities and Public Bodies, as well as the issue and authorization of the accounting documents in which the except in cases where such exercise is attributed or delegated to other central bodies of this Joint Service.

4. The resolution of the revenue return files of the Special Mutual Fund of Social Security Officials, as well as other records of return of income whose resolution is not attributed or delegated to other bodies Central to the General Treasury of Social Security.

Fourth.

The following powers are delegated to the holder of the General Administration for Ordination and Impugnations:

(a) The resolution of claims prior to the court of law of which this Directorate-General is required to know, except those made in respect of personnel.

(b) The interposition and the decision of administrative resources corresponding to this Directorate-General, except in the case of personnel and acts dictated by the Subdirección General de Sorting and Impressions.

Fifth.

The following powers are delegated to the holder of the General Subdirectorate for the Management of Heritage, Investments and Works:

(a) The power to conclude administrative contracts, where they are to be carried out in the management and administration of the property not attached to offices or other administrative services of the Security Social.

b) the powers relating to contracts for the administration, acquisition, exploitation and disposal of the social security assets, excluding those for the approval of the file and the award of the contract, and with the exception of delegated to the Provincial Directors by this Resolution.

(c) The authorisation of expenditure and payments under the Expenditure Budget of the General Treasury of Social Security, when arising from the exercise of the functions delegated in the preceding letters and in the management and administration of the social security heritage.

Sixth.

The holder of the Subdirectorate-General for Budgets, Economic Studies and Statistics is delegated the authorization of the MC and MC/ documents, of modification of the initial credits duly authorized and of correction of errors, including those of the initial credit support documents, as well as the CR and RC/, credit release and credit release and error correction documents.

Seventh.

It is delegated to the holder of the Subdirectorate General of Executive and Special Procedures for Collection the exercise of the following powers:

(a) The authorization of the centralized management of certain functions collected in a Provincial Directorate or in one of its Executive Collection Units, as well as the revocation thereof.

(b) The authorization of the disposal of goods in a Provincial Directorate other than that in which the goods are located or deposited.

c) The holding of concerts on management of social security in executive way with professional associations, at interprovincial level.

Eighth.

The holder of the Subdirectorate-General for Human Resources and Materials is delegated the exercise of the following powers:

1. For all staff assigned to the General Treasury of Social Security:

(a) The allocation of provisional job performance to officials who have been terminated in posts of free designation and to the removal of those obtained by contest or whose job has been abolished.

(b) The attachment of non-singularized jobs and of officials to other units or centers of this Agency.

(c) The authorization of the travel orders abroad and the entire national territory entitled to compensation for the reason of the service, except in the case of those whose authorization is delegated to the Provincial Directors and in the Directors of the Social Security Administrations.

d) The ability to agree on commissions of inter-provincial services.

e) Resolutions on application or settlement of productivity add-ons.

2. With regard to staff assigned to the Central Services of the General Treasury of Social Security:

a) The ability to agree on the redistribution of service members and commissions within the scope of the Central Services.

(b) The authorization of expenditure and payments under the Expenditure Budget of the General Treasury of Social Security, when derived from the exercise of the functions attributed to the Subdirectorate General of Human Resources and Materials, directly or by delegation, in the field of Central Services.

Ninth.

The exercise of the following competencies is delegated to the holder of the Social Security Information Management:

(a) The authorization of foreign travel orders entitled to compensation for the purpose of the service, in respect of personnel assigned to the Management of Social Security Informatics.

b) The authorization of expenses and payments from the Social Security Information Management Expenditure Budget up to the stage of the payment proposal, corresponding to the General Treasury of Social Security ordering and materialization of the same (P and R documents).

c) The functions corresponding to this Directorate-General in the field of procurement, referred to the Budget of Expenditure of the Social Security Information Management, on a proposal, if appropriate, of the Central Bureau of Hiring of the General Treasury of Social Security, with the exception of the powers of management of the file and the award of contracts which, for their amount, require prior authorization or agreements.

The powers of interpretation of contracts shall also be excluded from this delegation, in order to resolve any doubts which may be fulfilled and to resolve them, within the limits and subject to the Requirements set out in the Recast Text of the Law on Public Administrations Contracts, approved by Royal Legislative Decree 2/2000 of 16 June, and in its provisions for development.

Tenth.

The exercise of the following powers is delegated to the Provincial Directors of the General Treasury of Social Security:

1. In the field of personnel management, for the purposes of the relevant Provincial Directorates:

a) The ability to agree on the redistribution of service members and commissions within the provincial scope.

(b) The authorisation of travel orders to the entire national territory entitled to compensation for the purpose of the service for the provision of selection, training and further training.

c) The authorization of the travel orders entitled to compensation for the reason of the service within the respective province, except in the case of those whose authorization is delegated to the Directors of Administration and the Social Security Executive Raisers.

2. In the field of procurement, in respect of contracts which refer to decentralised or authorised credits to the corresponding Provincial Director and to property assets located in their respective provincial areas:

(a) The power to conclude administrative contracts, including the approval of expenditure, provided that the initial amount of the expenditure is equal to or less than the following amounts:

650,000 euros, in respect of the provinces of Illes Balears, Barcelona, Granada, Madrid, Seville, Valencia, Vizcaya and Zaragoza.

450,000 euros, with respect to the Provincial Directorates of Alicante, Almeria, Burgos, Cadiz, Ciudad Real, Córdoba, A Coruña, Girona, Guipuzcoa, Malaga, Murcia, Asturias, Las Palmas, Pontevedra and Tarragona.

360,000 euros, in respect of the remaining Provincial Directorates.

b) The power to sign, on behalf of the General Treasury of Social Security, the documents for the formalization of contracts for the administration and disposal of the social security patrimony, after approval by the competent body of the Central Services of the General Treasury of Social Security.

3. The celebration of concerts on management of social security with professional associations, within their respective provincial scope.

11th.

It is delegated to the Directors of Administration and the Executive Directors of the Social Security the authorization of the travel orders entitled to compensation for the reason of the service, within the respective province with regard to staff assigned to the Social Security Administrations and within the scope of their respective territorial demarcation in respect of the intended purpose of the Executive Collection Units.

12th.

Resolutions and acts adopted in the exercise of powers, the delegation of which is approved by this Resolution, shall expressly state such a circumstance, by reference to it and to the Official Gazette of the State in which it is published, in accordance with the provisions of Articles 13 (4) of Law 30/1992 of 26 November 1992 and 4.2.b) of Royal Decree 1465/1999 of 17 September 1999 laying down criteria for the institutional image and regulating production documentary and printed material from the General Administration of the State.

13th.

This Resolution shall enter into force on the day following that of its publication in the Official Gazette of the State.

The delegations contained in the Resolutions of this Directorate-General of 19 December 1995 and 25 May 2000, as well as those carried out in the first paragraph of .2.b) of the Resolution of 7, will be without effect. May 1996, on the appointment and functions of the Secondary Computers for Payments.

Madrid, October 24, 2005. -Director General, Javier Aibar Bernad.

Mrs General Secretariat, Mr Deputy Directors General and Messrs. Provincial Directors of the General Treasury of Social Security; Mr. Manager of Social Security Informatics.