Law 29/1975 of 27 June on Social Security of Civil Servants of the State, determined in its additional provision second that the Social Security of the staff at the service of the Administration of Justice regulate by a special law, adapted to the guidelines of Law 29/1975, and in a system of mutualism, through a Mutual of Officials of the Administration of Justice.

In compliance with the previous legal forecast, the Royal Decree-Law 16/1978 of 7 June created the General Judicial Mutuality, through which the special social security scheme of the civil servants is managed. Administration of Justice, adopting as fundamental guidelines the tendency towards unity, the participation of stakeholders in the government of mutual and the provision by the State of the necessary economic coverage, in such a way that the Judicial General Mutual Fund was definitively consolidated within the system of social security

This rule has been the subject of numerous subsequent modifications. Among the provisions with a range of laws that have incited in it, the Organic Law 6/1985, of July 1, of the Judicial Branch can be cited, without exhaustive encouragement; the recast text of the Law of Passive Classes of the State, approved by the Royal Decree The law of the Court of Justice of the European Communities of 30 April 1987 of 30 April 1987; successive General Budget Laws and of the State and of the Social Order and Law No 30/1992 of 26 November 1992, of the Legal System of the European Communities and of the Common Administrative Procedure, as amended by Law 4/1999, of 13 January.

Moreover, it is necessary to bear in mind that Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, as provided for in Article 62 of Law 50/1998, of December 30, of Measures Tax, administrative and social order, is applicable to this General Judicial Mutuality as regards the Autonomous Bodies, with certain specialties that are established in the same article.

Likewise, Article 62 of Law 50/1998 of 14 April authorizes the Government to, within one year of the entry into force of that Law, proceed to the elaboration, inter alia, of a recast text which regularice, clarify and harmonize the Royal Decree-Law 16/1978 of 7 June, and its subsequent amendments with the provisions which have been affected by the administrative mutual-mutual-agreement within the rule of law.

Finally, the second provision of Law 55/1999, of 29 December, of fiscal, administrative and social measures, extends until 30 June 2000 the authorization granted to the Government by the Article 62 above.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on June 23, 2000,

D I S P O N G O:

Single item.

The recast text of the existing legal provisions on the Special Social Security Regime of the staff is approved in the service of the Administration of Justice, which is inserted below.

Single end disposition.

This Royal Legislative Decree, and the recast text it approves, shall enter into force on the day following that of its publication in the "Official State Gazette".

Given in Madrid to June 23, 2000.

JOHN CARLOS R.

The Minister of Justice,

ANGEL ACEBES PANIAGUA

RECAST TEXT OF EXISTING LEGAL PROVISIONS ON THE SPECIAL SOCIAL SECURITY SCHEME FOR STAFF IN THE SERVICE OF THE ADMINISTRATION OF JUSTICE

CHAPTER I

General provisions

Article 1. Special staff arrangements for the service of the Administration of Justice.

The Special Social Security Regime of the staff at the service of the Administration of Justice shall be governed by the provisions of this Royal Decree-Law and its implementing and implementing rules.

Article 2. Application field.

There are compulsorily included in this Special Regime:

(a) The staff at the service of the Administration of Justice in the Organic Law 6/1985, of July 1, of the Judiciary.

(b) The officials in practice at the service of the Administration of Justice, with the extension and in terms to be regulated.

Article 3. Coverage mechanisms.

This Special Regime is integrated by the following coverage mechanisms:

a) The State Passive Classes Regime, which is governed by its specific rules.

b) Judicial Mutualism, which is regulated in the present Royal Decree-law and in the provisions that develop it.

CHAPTER II

Judicial General Mutuality

Article 4. Attachment of the Judicial General Mutuality.

The system of Judicial Mutualism, which is regulated in the present Royal Decree-Law, will be managed through the General Judicial Mutuality, attached to the Ministry of Justice.

Article 5. Nature and legal status.

1. The General Judicial Mutuality is a public body with distinct public legal personality, its own assets and treasury, as well as management autonomy, and will be governed by the provisions of Law 6/1997 of 14 April of the Organization and Operation of the State Administration, relating to the Autonomous Bodies, except as provided in the following paragraph.

Likewise, the General Judicial Mutuality will enjoy the same tax treatment as the Law establishes for the State.

2. The economic and financial, patrimonial, budgetary and accounting arrangements, as well as the intervention and financial control of benefits and the arrangements for concerts for the provision of health and pharmaceutical services will be established by its specific legislation, by the General Budget Law in matters which are applicable and supplanted by the Law on the Organization and the Functioning of the General Administration of the State.

Article 6. Governance and administration.

1. The government and the administration of the General Judicial Mutuality correspond to the General Assembly, the Governing Board, the President and the Manager.

2. The Assembly is the supreme organ of the Mutuality and will be constituted by the compromisaries who, representing the different Careers and Bodies in the service of the Administration of Justice, choose the mutualists in the form that Regulation is determined.

3. The Governing Board, management and management body, shall be composed of:

A) The President of Mutuality.

B) A Counsellor for each of the following groups designated by the General Assembly:

1. Judicial Career.

2. Fiscal Career.

3. Secretariats of the Administration of Justice and Forensic.

4. Justice Administration Officers.

5. Justice Administration Auxiliary.

6. Law Administration Agents.

C) The Treasurer and the Secretary, who will be appointed by the General Assembly in the manner that is regulated by law.

D) The Interventor, to be appointed by the Minister of Justice.

4. The President is the organ of representation of the General Judicial Mutuality, presides the collegiate organs of the same and will be appointed by the President of the Supreme Court on a proposal, in terna, of the General Assembly, among officials legal or tax-active, with a category, at least, of a Magistrate of that High Court.

5. The Manager, executive organ of the Mutuality, will perform the leadership of the administrative, technical and economic services, under the immediate dependence of the President, will be appointed by the Government Board, on a proposal from that, without need of who is a mutualist, and will be a technical and paid position.

Article 7. Officials at the service of the Judicial General Mutuality.

The officials of the State Administration or the Administration of Justice who will be able to provide services in the General Judicial Mutuality will remain in the situation of active service in the bodies, scales or squares of provenance.

Article 8. Functioning of the organs of the Judicial General Mutuality.

The functioning, arrangements and powers of the central and provincial bodies, as well as the composition of the central and provincial bodies, shall be regulated by regulatory means.

CHAPTER III

Of protected persons, membership and listing

Article 9. Application field.

1. The staff referred to in Article 2 of this Royal Decree-Law, in active or practical service, leave of absence, leave of absence for child care, special services or suspension of duties, shall be compulsorily incorporated, as a mutualist, to the General Judicial Mutuality.

2. The staff covered by Article 2 of this Royal Decree-Law which is subject to the situation of a pensioner shall be kept in the field of application of this special scheme unless, in such a situation and being incorporated into another Social security, have renounced or expressly renounce the regulated in this Royal Decree-Law.

3. Staff who, for reasons other than those referred to in the preceding number, lose the status of an official or who are or move to the situation of voluntary leave, except as provided for in the care of children, shall acquire or retain, respectively, the status of a mutualist, with equal rights, provided that it satisfies, in its capacity, the quotas and the contribution of the State concerned.

4. Where a single provision of services is a cause of compulsory inclusion in this Special Scheme and in other or other Social Security schemes, it may be, for one time, the option of belonging exclusively to the Regulated in this Royal Decree-Law, unless the double affiliation affects the latter and another special scheme of officials, in which case it may also be eligible, for one time, to belong to either of the two.

5. Widowers, widows and orphans of active or retired mutualists, provided that they do not have the right for themselves to cover health care by means of another regime of those who make up the Spanish Social Security System, will have the right to benefits provided for in Article 12 (a) and (e) of this Royal Decree-Law.

Article 10. Quote.

1. The contribution to the General Judicial Mutuality shall be compulsory for all the mutualists listed in Article 9 (1) and (3) of this Royal Decree-Law. Mutualists in excess of child care shall not be obliged to list for the duration of such a situation.

2. The contribution basis shall be the one that is established at any time as a regulator for the purposes of the contribution of liabilities.

3. The percentage rate of contribution shall be set annually in the General Budget Law of the State.

4. The monthly contribution rate shall be obtained by dividing by 14 the amount resulting from the application to the annual contribution base of the percentage rate established, and shall be paid twice in the months of June and December.

However, the contribution corresponding to the extraordinary payment shall be reduced, whatever the date of its accrual, in the same proportion as that paid as a result of being paid the same in proportion the time it has remained in the active service situation.

Quotas for periods of time when licences are granted without the right to pay shall not be reduced in value.

CHAPTER IV

Contingencies and capabilities

Article 11. Protected contingencies.

Contingencies protected by the Special Social Security Regime established by this Royal Decree-Law are as follows:

a) Health disturbance.

(b) Temporary inability, arising from illness, whatever its cause, common accident or act of service, or as a result of it.

c) Permanent inability on the same assumptions above.

d) Family loads.

Article 12. Benefits.

1. The benefits to be covered by the General Judicial Mutuality shall be as follows:

a) Healthcare.

b) Temporary disability allowance.

(c) Recovery benefits for total permanent incapacity, absolute and great invalidity, and for the remuneration of staff in charge of the assistance of the great invalid.

(d) Compensation for injury, mutilation or deformity, of a non-invalidating definitive nature, arising from occupational disease or act of service or as a result of it.

e) Social benefits and social assistance.

f) Family benefits per child in a disabled capacity.

g) Special maternity allowance in the case of multiple births, single-payment economic benefit by multiple birth and single-payment economic benefit by birth of child.

2. The financing of these benefits shall be made from the economic resources referred to in Article 22, with the exception of family benefits for a disabled child, by birth of a child and by multiple births, to be financed exclusively with State grant.

3. The benefits related to this article that are not expressly regulated in this Royal Decree-Law will be established by Royal Decree, on the proposal of the Minister of Justice, and will be recognized in the same extension as in the Special Social Security of Public Officials.

CHAPTER V

Benefits in particular

Section 1. Health Benefits

Article 13. Object of the benefit.

1. Health care is intended to provide medical, surgical, hospital and pharmaceutical services conducive to the preservation, recovery or restoration of the health of persons protected by this Special Safety Regime. Social as well as his aptitude for work.

2. It will also provide the appropriate services to complete medical and pharmaceutical services and, in a special way, will provide for the necessary rehabilitation for the professional recovery of the protected persons.

Article 14. Contingencies covered.

Contingencies covered by the provision of health care shall be those of common or professional illness and injuries caused by accident whatever their cause, as well as pregnancy, childbirth and puerperium.

Article 15. Beneficiaries.

1. Health care shall be provided to all mutualists within the scope of this special scheme and retired mutualists, as well as to the beneficiaries of both.

2. For the purposes of determining the status of a beneficiary in charge of a mutual member of this special scheme, the general scheme of social security shall be subject to the provisions of the general scheme.

3. The health care of this special scheme shall also be provided to widowers, widows and orphans of active or retired mutualists, provided that they do not themselves have equivalent health care coverage by means of another scheme of the which integrate the Spanish Social Security system.

Article 16. Provision of healthcare and pharmaceutical assistance.

1. Health care shall be provided to the holder and to the beneficiaries in his capacity, with the extension, duration and conditions which are determined for the various contingencies constituting the cause, with the extension and scope determined or to be determined in the General Social Security Regime.

2. The beneficiaries of the pharmaceutical provision shall participate by payment of a percentage amount in terms of the terms to be regulated.

Article 17. Means for the provision of health care.

Health care will be provided through services that are dependent on the General Judicial Mutuality, by virtue of the concert with other public or private entities or establishments or by concert with institutions of the Social Security.

Section 2. Incapacity Temporary

Article 18. Incapacity for work.

The incapacity for work, in its temporary and permanent modalities, will consist of the lack or decrease of the psycho-physical integrity of the mutualist, reflecting in the economic-professional situation of the official.

Article 19. Temporary disability scheme.

1. Officials active in the field of application of this recast text, who have obtained licences for sickness or accident which prevent the normal performance of their duties, shall be deemed to be unfit for work. temporary.

2. The granting of licences and the control of licences shall be the responsibility of the competent judicial and administrative bodies for the management of personnel, with the optional advice which they consider appropriate.

For the purpose of calculating time limits, new disease shall be deemed to exist where the pathological process is different and, in any case, where the licences have been interrupted for a minimum of one year.

The duration of the first and successive licenses will be the foreseeable time for healing and with the maximum of one month each.

3. At any time when the disease or injury is expected to permanently prevent the performance of public functions, the procedure shall be initiated by the competent retirement body, either on its own initiative or at the request of the person concerned. of permanent incapacity for service. By ministerial order, the necessary mechanisms will be established to coordinate the actions of the Mutuality and those of the retirement organ.

4. The duration and extinction of the temporary disability situation shall be the same as those of the General Social Security Scheme.

Article 20. Economic rights.

1. In the situation of temporary incapacity, the mutual official shall have the following economic rights:

A) During the first six months, those provided for in Article 375.1 of Law 6/1985, of July 1, of the Judiciary, and in the organic regulations corresponding to the various bodies of officials of the Administration of Justice.

B) From the seventh month, he shall receive the basic remuneration and, where applicable, the benefit of the child in charge and a temporary incapacity allowance in charge of the General Judicial Mutual Fund, the amount of which is fixed and unchanged for the duration of the period the incapacity, shall be the largest of the following two quantities:

1.a 80 per 100 of the basic remuneration (salary and triennial), increased in the sixth part of an extraordinary payment, corresponding to the first month of leave.

2.a 75 per 100 of the supplementary remuneration payable in the first month of leave.

The sum of the above amounts may not exceed the amount of the perceptions that the official had in the first month of the license.

2. Where the termination of the temporary incapacity situation occurs in the course of the maximum period laid down, the effects of the temporary incapacity situation shall be extended until the time of the retirement declaration by permanent incapacity. In those cases where, continuing the need for medical treatment, the clinical situation of the person concerned would make it advisable to delay the possible qualification of the state of the official as permanently incapacitated for the functions It may be delayed for the period specified, without the latter being able, in any event, to give rise to the declaration of retirement taking place after 30 months from the date on which the decision was initiated. temporary disability.

The right to an economic allowance for incapacity for work shall in any event be extinguished for the period of 30 months provided for in the preceding paragraph.

3. The permits or licenses for delivery, adoption and accommodation provided for in Article 30 (3) of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, shall not be considered as temporary incapacity. If at the end of the permit the impossibility of joining the work continues, the licenses that give rise to the temporary incapacity will be initiated.

4. It will have the same consideration and effects as the temporary incapacity of the official who has obtained a risk license during pregnancy, while the same assumes the non-perception of haberes.

Section 3. Family Protection

Article 21. Economic benefits.

1. The economic benefits of protection for the family shall be of periodic payment and single payment. The first is the family benefits for the dependent child, and the second for the special maternity allowance in the case of multiple births and for the single payment of the single payment for multiple births and for the economic benefit to be paid. child birth.

2. The benefits for a child under 18 years of age shall be governed by the provisions of Chapter IX of Title II of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994, of 20 December 1994. June, and its management corresponds to the units and administrative bodies entrusted to it by the extinguished family-aid benefits, without prejudice to the fact that, where the beneficiary has the status of a pensioner, the consignment and the of the recognised benefits are carried out by the services corresponding to the Passive Classes of the Ministry of Finance.

3. The benefits for a disabled child shall be governed by the provisions of Chapter IX of Title II of the recast of the General Law on Social Security, and their management shall be governed by the General Judicial Mutuality.

4. (a) The special maternity allowance in the case of multiple births shall have the same content as in the General Social Security Scheme, and its management shall also correspond to the General Judicial Mutuality.

(b) The economic benefit by birth of a child, the economic benefit of single payment by multiple birth, compatible with the allowance referred to in paragraph (a) of this Article, shall have the same content as in the general scheme of the Social Security, and its management corresponds to the General Judicial Mutuality.

5. The family protection benefits set out in this Royal Decree-Law are incompatible with any other similar provisions set out in the other Social Security System Regulations.

CHAPTER VI

Economic and financial regime

Article 22. Economic resources.

The economic resources of the General Judicial Mutuality are as follows:

1. º State contributions as set out in the following article.

2. The quotas of the mutualists.

3. º Grants, inheritances, legacies or donations of any nature.

4. The goods you acquire and their fruits, income and interest.

Article 23. State contributions.

1. The State shall enter on a permanent basis in its budgets the contributions which it shall make annually to the General Judicial Mutual Fund so that the financing of the benefits referred to in Article 12 (1), except those indicated in the paragraph (f) of that paragraph.

2. The amount of these State contributions shall be determined by a percentage of the regulatory assets for the purposes of the contribution of the judicial staff to the mutual benefit. This percentage will be set annually in the corresponding State General Budget Law, and this contribution will, in any case, be independent of the grants referred to in Article 22 (3

.

Article 24. State grant.

The benefits referred to in paragraphs (f) and (g) of Article 12 (1) shall be financed exclusively from State subsidies.

CHAPTER VII

Resources and jurisdictional status

Article 25. Judicial remedies and remedies.

1. The legal system applicable to the organs of mutual benefit is that laid down in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, with the modifications introduced in the itself by Law 4/1999, of January 13.

2. The acts and resolutions of the President and the Manager do not put an end to the administrative route, and may be brought against the same appeal before the Governing Board, whose resolutions put an end to the administrative route and are impeachable before the end of the year. the judicial-administrative jurisdictional order.

3. The acts of the General Assembly and the Governing Board shall be open to the Minister of Justice, whose resolutions put an end to the administrative route and are impugable in the court order. administrative-litigation.

4. Except as provided for in the two preceding paragraphs, and in any event shall put an end to the administrative procedure, the decisions referred to in paragraphs (a) and (b) of Article 109 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, and those issued in the field of personnel by the single or collective bodies referred to in paragraphs 2 and 3 of this Article. Such decisions may be brought before the replacement of a replacement or may be directly appealed against in the case of a judicial or administrative court.

Additional disposition first. Mutualists not belonging to the Bodies listed in Article 6 (3) (B).

1. They shall maintain the status of mutualists those persons who, not belonging to the Bodies listed in Article 6 (3) (B), are included in the field of application of this Special Regime to the entry into force of this Royal Decree-law.

2. The family members of these mutualists, as well as their widowers, widows and orphans, may benefit from the benefits of this special scheme under the same circumstances and conditions as the relatives, widowers, widows and orphans of the other mutualists.

Additional provision second. Extension of protective action to previous spouses.

For the purposes of the protective action which this Royal Decree-law exempts from widowers, those who receive a pension of widowage of passive classes shall be deemed to have been treated as spouses of officials included in the the field of administrative mutualism.

Additional provision third. Mutual societies of officials of the Administration of Justice integrated into the Judicial General Mutuality.

1. The State guarantees to the members and beneficiaries of the Beneficial Mutual Mutual Justice of the Municipal Justice, the Mutual of Social Security of Officials of the Administration of Justice and the Beneficial Mutual of the Auxiliary of the Administration of Justice, integrated into the General Judicial Mutuality under the additional twenty-first provision of Law 50/1984 of 30 December 1984, the benefits in force at 31 December 1984.

However, the pensions to be recognised will be reduced until the amounts in force at 31 December 1973, by 20 per 100 per year of the difference between the amounts of the pensions initially guaranteed and the in force on 31 December 1973, operating those reductions from the year following their granting.

2. The totality of the goods and resources of the three Mutualities, provided with their integration into the General Judicial Mutuality, constitute a special fund to which the quotas of the affected mutualists and the public resources are incorporated. correspond. The quotas shall be in force on 31 December 1973.

3. The expenditure attributable to the integrated mutual funds shall be financed from the resources of the special fund, the deficit of which, if appropriate, shall be covered by a State grant.

4. For the purposes set out in the first paragraph of No 1 of this additional provision, the groups of mutual-member partners integrated into the Special Fund of the General Judicial Mutuality are those in each of the Mutualities at 31 December. December 1984.

The individual option to opt out of the integrated Mutuals may be exercised at any time, with loss by the beneficiary of any benefit and without the right to refund of fees.

Additional provision fourth. Regimen of the medicinal product.

For the purposes of Article 16.2 of this Royal Decree-Law and in accordance with the additional seventeenth provision of Law 66/1997 of 30 December 1997 on fiscal, administrative and social order measures, it shall be application to the pharmaceutical provision of this special scheme as set out in Article 94.6 of Law 25/1990 of 20 December of the Medicamento, in the wording given to it by Article 109.3 of that Law 66/1997.

Single repeal provision. Regulatory repeal.

1. By virtue of their incorporation into the present recast text, Royal Decree-Law 16/1978 of 7 June 1978 on the Special Social Security Regime of the Officials of the Administration of Justice and its subsequent amendments are hereby repealed. contained in rules with range of law.

2. In addition, the rules of equal or lower rank shall be repealed as set out in this recast text.

Final disposition first. Competence title.

This recast text is dictated by the provisions of article 149.1.17. of the Constitution.

Final disposition second. Regulatory development.

The Minister of Justice is empowered, if necessary, to report, where appropriate, to the Minister of Finance and Labour and Social Affairs in the field of their respective competences, to dictate or propose to the Government, as appropriate, the rules of application and development of this recast text.