The sole final provision of the Staff Regulations of Staff of the Armed Forces approved by Royal Decree 1314/2005 of 4 November, provides that the Minister of Defence, in accordance with the Minister of Defence, Economy and Finance, the rules will be given on how military personnel should credit the right to receive remuneration.

The Royal Decree's only derogatory provision states that upon the entry into force of the rules referred to in that provision, they shall be repealed:

(a) The Royal Decree of the Ministry of War of 7 December 1892 approving the Regulation for the Journal of the Commissar of the Army Corps and Classes.

b) The Order of the Ministry of the Navy, dated January 1, 1885, for which the Rules of Procedure of the Administrative Journal are approved.

Given the time since the promulgation of these rules, and that the established procedures depart from a model of management of the Armies and the same General Administration of the State very different from the current one, more Since the implementation of the Unified Payroll of the Ministry of Defense by Order 274/2001, of December 27, as well as the incorporation of electronic, computer and telematic means in the processing, notification and in the field of remuneration, which must ensure the compatibility, integration and security of data and systems, is need to incorporate these advances in the regulation of the accreditation of the right to receive remuneration.

In addition, for the unification of criteria, in line with the provisions of the additional eighth provision of the Staff Regulations of the Armed Forces approved by Royal Decree 1314/2005 of 4 November, makes it necessary to modify the way of crediting the right to the perception of assets, guaranteeing and protecting the storage and processing of personal data according to the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

On the other hand, the Royal Decree 28/2009 of 16 January, amending the said Regulation, adds a new paragraph 5 to Article 21 of the Regulation, which states that, without prejudice to the disciplinary sanction which may be imposed on the correspond, the part of the non-realized working day will give rise to the proportional deduction of assets that will not have a sanctioning character, procedure that it is considered necessary to collect in this norm in respect of the deduction of assets for the cases of unjustified absence of such personnel.

It is also intended to collect the use of established electronic and computerised means for citizens ' access to public services.

During its processing, this ministerial order was informed by professional associations with representation in the Armed Forces Personnel Council, in accordance with Article 40.2.b of the Organic Law 9/2011, of 27 of July, the rights and duties of the members of the Armed Forces. Finally, according to the provisions of article 49.1 (c) of the aforementioned organic law, it has been informed by the Armed Forces Staff Council.

Therefore, following the agreement of the Minister of Finance and Public Administrations, and by virtue of the powers conferred on me by the aforementioned single final provision of Royal Decree 1314/2005 of 4 November, I have:

Article 1. Purpose.

purpose of this order is to establish the rules on the way in which the military personnel must prove the right to receive the remuneration that in each case corresponds to the budgets of the Ministry of Defense. and its self-employed bodies, and the cases of loss of the right to receive such remuneration, as well as the discharge procedures in respect of the collection of assets and their deduction in the event of the absence of the working day or part thereof.

Article 2. Scope.

This rule will apply to Armed Forces personnel who maintain some of the links referred to in Article 3 of Law 39/2007 of 19 November of the military career, in any circumstances that may be to receive some form of remuneration in the field of the Ministry of Defence, including its self-employed bodies and public entities, as well as to staff reservists with special availability to receive the corresponding allocation.

Article 3. Accreditation of the right to discharge in the perception of personnel of the Armed Forces personnel.

1. The personnel who enter the Armed Forces, will credit the right to the perception of haberes once it is appointed, through the corresponding administrative resolution.

2. The discharge will be carried out in the Ministry of Defence Personnel Information System (SIPERDEF) in the form that follows:

(a) In the case of personnel entering a training military training centre, once incorporated, after the signature of the established documentation, the necessary procedures will be initiated to give it discharge in the SIPERDEF by the institution (b) training and appointment by way of a resolution to be published in the Official Journal of Defence (BOD), which shall include the date of economic effects, and shall be carried out by the financial controller for the purpose of verifying and verifying document the appointment cited, reflecting it in the SIPERDEF on the existing data for this purpose, forming part of your personal file. The management procedures shall be established so that all processing of the resolution is carried out in the shortest possible time.

If, during the training period, any employment is acquired on an eventual basis, the same shall be done as indicated in the preceding paragraph.

At the end of the training and acquire the status of military career, complement, troop and marinery or reservist, this new relationship with the Administration will be discharged in the SIPERDEF by the Command or Head of Corresponding staff, or the General Directorate of Recruitment and Military Teaching, according to the authority that resolves, following the same procedure, and being equally checked and verified this fact by the corresponding financial controller, reflecting it in the SIPERDEF.

(b) In the case of reservist personnel who move to the status of activated, and once their incorporation has been accredited, this situation and their presentation in the unit will be reflected in the SIPERDEF database, proceeding with the The appropriate financial controller to verify and verify this situation and to reflect it in the SIPERDEF on the existing data for this.

3. The data referred to in the previous paragraph, once entered into the SIPERDEF in the terms set out above, and after reflecting the verification and verification of the data by the financial controller, shall be reflected in the payroll, which shall be the subject of prior audit by the financial controller of the payroll management centres, in accordance with the provisions of the Agreement of the Council of Ministers of 30 May 2008 implementing the provision of Articles 152 and 147 of the Law 47/2003, of 26 November, General Budget, in respect of the financial year. To this end, the verification and verification function of data access to the SIPERDEF carried out by the relevant financial controller shall constitute an ancillary instrument to facilitate such prior audit.

Article 4. Accreditation of the accrual of the staff of the Armed Forces who are assigned to the service.

Once the personnel of the Armed Forces are discharged as provided for in the third article, and providing service in one of the destinations referred to in Article 99.1 of Law 39/2007 of 19 November, the military career, shall receive the remuneration, according to its administrative situation, and must comply with the working day and schedule of schedules to be determined, in accordance with the provisions of Article 22.2 of the Organic Law 9/2011, of 27 July, the rights and duties of the members of the Armed Forces.

It will be up to the head of the management centers, units, vessels, facilities, centers, or administrative bodies to take responsibility for the control of the personnel in charge, as well as for the fulfillment of their day, adopting for this purpose, and in the event of an unjustified absence from the destination of the said staff, the actions laid down in Article 6 of this ministerial order must be carried out, irrespective of the criminal liability or Disciplinary action to take place.

The heads of the management centres, units, vessels, facilities, centres, or administrative bodies shall bear in mind that the accrual of remuneration as provided for in the Staff Regulations of Officials of the The Armed Forces, approved by Royal Decree 1314/2005 of 4 November, depends on the situation and rights of the military personnel on day 1 of each month. For this reason, the actions to ensure that the situation of the staff at their position in the SIPERDEF on that day is adjusted to the reality, taking into account the fact that the staff in some situation of those who do not give the right to the remuneration, shall not be claimed by the payer of assets, without prejudice to the obligations which may exist in the field of Social Security, or the liquidations to which it subsequently took place.

If the absence is due to a temporary incapacity for the service due to insufficient psycho-physical conditions, the control will be carried out according to the rules established for the purpose, recorded in the SIPERDEF in the data on the basis of the legal basis for the implementation of the measures to ensure budgetary stability and the promotion of competitiveness, in Law 17/2012 of 27 December 2012, of the Royal Decree-Law 20/2012 of 13 July 2012 of 27 December 2006, General State budgets for the year 2013 and the different development standards.

If staff are destined abroad in positions of international organizations or outside the structure of the department, receiving some remuneration from the Ministry of Defense, they will have to carry out their duties. accreditation by means of the referral to the unit to which it is attached, of the certification on its existence issued by the Military Attaché, Consul or Spanish Consular Agent and the corresponding personal statement on the legal aptitude for the receipt of a holding within one month of his inauguration, the document being renewed annually in that same month.

The personnel who are on a service commission, or performing some course outside of their unit of destination, will depend on the authority where they perform the activity, the latter being responsible for their control, so on the Case of absence, it must be communicated to the person in charge of his/her unit of destination to initiate the established procedures. In the same way, it will be possible for personnel who are to be assigned to a destination assignment or to reserve without a destination, to serve in a service commission unit.

Article 5. Accreditation of the accrual of assets of the personnel of the Armed Forces that does not occupy a destination.

Staff who are without a destination, both in active service, and in reserve, or in any situation entitled to receive remuneration from the budget of the Ministry of Defense or its self-employed bodies, must accredit is in the Subdelegation of Defense or Delegate Office (Area of personnel) in whose territorial scope has established his residence or in the unit to which he is assigned if this is another.

In order to do so, when you move to that situation, within two months, and as long as you are in the same, each year, in the same month of your birth, you must prove your existence, fundamentally with the use of electronic means. established for this purpose in the rules of electronic access to public services, or by presenting itself in the Subdelegation of Defence or Unit of which it depends, proof of which the corresponding data of the SIPERDEF is to be recorded.

It may also be credited by any other means established in law.

In the case of exceeding the time limits marked without due accreditation, the person responsible for that body shall carry out the actions covered by the sixth article of this ministerial order.

If your residence is in foreign territory, the procedures mentioned, within the prescribed time limits, will be carried out through the remission of the certification on existence issued by the Military Attaché, Consul or Agent Spanish consular and the corresponding personal statement to the unit to which it is attached, which shall be responsible, in case of non-accreditation, to carry out the actions regulated in the sixth article of this ministerial order.

Special availability reserve personnel must meet the same requirements as this article.

Article 6. Cessation of payment of remuneration.

The personnel of the Armed Forces referred to in the field of application who do not credit the right to the collection of assets, on the day 1 of the month in question, shall cease to receive them, without prejudice to the corresponding deductions, his/her case, for the days of the preceding month which has not worked, for which the following actions shall be carried out by the authority responsible for its control:

(a) The fourth working day in which the unjustified absence persists, shall take the appropriate action to ensure that the point is made in the relevant data of the SIPERDEF, which shall include the date from which it is due stop claiming the remuneration, which will be the first day of unjustified absence.

b) From this moment on, and in compliance with the provisions of paragraphs 1 and 5 of Article 21 of the Staff Regulations of the Armed Forces, approved by Royal Decree 1314/2005 of 4 November, by the payer of the payroll will not be required to pay, avoiding the payment of undue amounts and will be made, if necessary, the necessary adjustments in relation to those days that have already been paid for not having been able to liquidate in the payroll corresponding.

This situation will be reflected in the payroll receipt that can be obtained from the Ministry of Defense Personnel Portal.

To staff who are not required to pay for the unit's unjustified absence, when they join the unit, they will be discharged from the payroll, receiving their remuneration from the date of incorporation, except for the staff without destination, which will receive them from the day they were stopped from claiming.

To instrument this high payroll, the head of the management, unit, ship, facility, center, or responsible administrative body will record the date of incorporation into the SIPERDEF, liquidandosele on the first payroll in it is possible for days which, where appropriate, would not have been claimed and which have been justified.

If in the course of the four working days it is incorporated without justifying its absence, it shall proceed as set out in the seventh article.

Article 7. Deduction of remuneration for the part of the non-completed day or absence.

In the case of staff who perform a day less than the established one, the authority responsible for their control shall take appropriate action to ensure that the point is made in the relevant data of the SIPERDEF, in (a) which shall be the non-performing days or hours to be deducted on the first payroll where possible, in compliance with the provisions of Article 21 (5) of the Staff Regulations of the Armed Forces; approved by Royal Decree 1314/2005 of 4 November.

This deduction will be reflected in the payroll receipt that can be obtained from the Ministry of Defense Personnel Portal.

The amount to be deducted will be calculated in accordance with the provisions of the regulations in force of the Department regarding working hours, vacations, permits and licenses of the Armed Forces Professional Military, and the procedures established by the Ministry of Finance and Public Administrations.

In the event of a lack of assistance to the job on the occasion of a temporary incapacity which is not a reason for a part of the discharge, the SIPERDEF shall be recorded in the relevant data, in accordance with the procedure laid down, having the effects on payroll provided for in the additional 30th of Law 17/2012 of 27 December, of the General Budget of the State for the year 2013 and in the implementing rules.

Article 8. Claims and resources

Deductions to be practiced on the payroll for any of the above mentioned causes will be reflected in the payroll receipt that can be obtained from the Ministry of Defense Personnel Portal.

In the event of disconformity with the action, the person concerned may bring the complaint to the Director General of Personnel, whose decision shall terminate the administrative route, and must resolve within the time limit laid down in Article 22 of the Staff Regulations of the Armed Forces, approved by Royal Decree 1314/2005 of 4 November.

In the light of this decision, the person concerned may bring an administrative remedy for replacement or administrative litigation in the terms and time limits laid down in Law No 30/1992 of 26 November 1992 on the legal system of Public administrations and the Common Administrative Procedure.

Article 9. Cease the service relationship in the Armed Forces.

The personnel who are in a training center to be discharged in the same, involving the cessation of the Armed Forces, by the military training center of formation will be reflected in the database of the SIPERDEF in the effective date is known, which will be the one in the document by which it causes a discharge, and which will involve the Armed Forces leaving, ceasing to claim their remuneration since that day, thus avoiding the payment of undue amounts. Once the Low Resolution is published, the final adjustment will be made.

The date of economic effects listed in your file in the SIPERDEF will be the actual one of the decline in the training center that will coincide with that of your cessation with the Armed Forces.

When military personnel not included in the first paragraph cease the provision of service in the Armed Forces, or move to an administrative situation in which they do not perceive any assets, the corresponding Resolution will be published in the BOD, and provided that the cause is foreseen, must be carried out in advance of the date of effect, which will appear in the corresponding data of the SIPERDEF.

By the Directorate General of Personnel, monthly will proceed to obtain the National Statistics Institute of the deceased data, and will be charged in the SIPERDEF to make the crossing of these with the database of the file and to detect, where appropriate, deceased personnel appearing in the SIPERDEF in another situation. When this data is loaded in the personal file, the payroll will be stopped until the military personnel manager performs the necessary actions to verify the fact, as well as to be able to pass it on to the death and the corresponding resolution is published. This information may be taken into account by the competent unit in the Ministry of Defence for the recognition of passive classes, where appropriate, to initiate appropriate arrangements.

Also by the payer of the payroll, it will be possible to stop claiming the remuneration of the staff of whom the person has a reliable record of his discharge on another way, without prejudice to the initiation of the proceedings so that the person responsible for personnel take the necessary actions to reflect their low on the system.

In those cases where the return of undue payments is pending, the rules in force for refund files for undue payments will apply.

Additional disposition first. Special regime for the surplus of victims of gender-based violence.

The military woman who is in excess of being a victim of gender violence, in order to guarantee the reservation of her identity, will not have to comply with the procedures that are established for the accreditation of the right to perception of assets during the period in which you receive remuneration.

However, you must inform the appropriate authority of any vicissitudes affecting your situation.

Additional provision second. Military personnel serving in the autonomous agencies and public entities of the Ministry of Defense.

The military personnel serving in one of the autonomous agencies or public entities of the Ministry of Defense will apply the general provisions of this standard for the accreditation of the right to perception of assets, control, the cessation of their remuneration and the deduction of assets for non-compliance with the working time, resolving the complaint in the event of disconformity, the authority which the status of the body has attributed the competence in this field.

Those agencies that do not pay their payroll through the Personal Nomine Module (MONPER) of the SIPERDEF database, must also record in the SIPERDEF the data that is established to carry out the provisions of this standard, as well as adapt the system used for the reflection of the above.

Additional provision third. Control of temporary incapacity for service due to psycho-physical causes.

The Under Secretary of Defense will dictate the rules on the determination and control of temporary casualties for the service of Military Personnel.

First transient disposition. Dossiers for administrative rehabilitation or relief.

To the relief files, as referred to in Article 5 of the Royal Decree of 7 December 1892, initiated by events which occurred prior to the entry into force of this ministerial order, the regulations will apply to them. on the same.

Second transient disposition. Computer modifications.

Following the approval of this ministerial order the necessary changes will be initiated in the SIPERDEF for its correct application, using until the completion of the works the means at its reach for the correct communication between the heads of the management centres, units, vessels, facilities, centres, administrative bodies and staff and payroll managers.

Single repeal provision.

1. Upon the entry into force of this Ministerial Order, as set out in Royal Decree 1314/2005's only derogatory provision of 4 November, they are hereby repealed:

(a) Royal Decree of the Ministry of War of 7 December 1892, for which the Regulation for the Journal of the Commissar of the Army Corps and Classes is approved.

b) Order of the Ministry of the Navy, dated January 1, 1885, for which the Rules of Procedure of the Administrative Journal are approved.

2. Also repealed is the Circular Order of 15 November 1940, of the Ministry of Air, which approves the Regulation for the Administrative Journal for the Air Force Corps and Classes.

3. Similarly, the rules of equal or lower rank are repealed as set out in this ministerial order.

Final disposition first. Powers for the application of these rules.

The Director General of Personnel is empowered to issue the appropriate instructions for the correct application of these rules.

Final disposition second. Entry into force.

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

Madrid, October 27, 2014. -Minister of Defense Pedro Morenes Eulate.