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Resolution Of 9 July 1997, The General Intervention Of The State Administration, Which Ordered The Publication Of The Agreement Of Council Of Ministers, By Which Gives Application To Article 95.3 Of The Refundi Text Forecast...

Original Language Title: Resolución de 9 de julio de 1997, de la Intervención General de la Administración del Estado, por la que se ordena la publicación del Acuerdo de Consejo de Ministros por el que se da aplicación a la previsión del artículo 95.3 del texto refundi...

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TEXT

The Council of Ministers, at its meeting on 4 July 1997, approved the following Agreement: " Agreement applying to the provision of Article 95.3 of the recast text of the General Budget Law, in respect of the exercise of the financial function. " In order to promote their knowledge and application, it is published as an annex to this Resolution.

Madrid, July 9, 1997. -General Interventor, Rafael Muñoz López-Carmona.

Ilmos. Mr Deputy Secretaries, Presidents or Directors of Autonomous Bodies, General Financial Controller, General Social Security Controller, Financial Controller in Ministerial Departments and Autonomous Bodies and Regional Interventors, and the territorial administration of the State.

ANNEX

Agreement applying to the provision of Article 95.3 of the recast text of the General Budget Law, in respect of the exercise of the financial function

The General Budget Law, in its Article 95.3, authorizes the Government to agree, with the prior report of the General Intervention of the State Administration, that the prior intervention will be limited to checking, in addition to the These are the extremes that are determined in the Law itself, those that are determined by their transcendence in the process of management, to be established by the Council of Ministers at the proposal of the Minister of Economy and Finance. This limited audit, which is carried out on a preliminary basis, is complemented by the one carried out after the completion of the expenditure, in accordance with the provisions of Articles 17 and 95.5 of that Law.

On July 29, 1994, the current Council of Ministers Agreement was adopted which provides for the provision of Article 95 of the General Budget Law in the field of the General Administration of the State and its agencies. Autonomous administrative measures.

in the past three years, legislative reforms of great importance have taken place in our legal system that directly affect the matters referred to in the aforementioned Council of Ministers Agreement.

Among others, fundamentally, Law 13/1995, of 18 May, of Contracts of Public Administrations, which adapts our internal legislation to the Community legal order, introduces important new features in the (a) administrative procurement, in particular with regard to the authorisation of the Council of Ministers for the conclusion of certain contracts, the processing of procurement files, the procedures and forms of award of contracts, the contracts, to the Contracting Tables, to the guarantees required to secure the compliance with the contracts or the possibility of a price revision which is no longer limited to works contracts.

Recent Laws 11/1996, of December 27, of Measures of Budgetary Discipline, and 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, are intended to contribute to the best and most (i) effective implementation of the objectives of the economic policy of the government, as well as introducing more stringent measures in the budgetary rules with the aim of controlling the public deficit by means of rigorous and rationality and greater control over the management of public resources. These legal norms make the adjustment of the budget legislation to the Law of Contracts of Public Administrations, of State Passive Classes, State Heritage, or of aid and public subsidies that also have an impact on the subject to the Agreement of the Council of Ministers of 29 July 1994.

Also, Royal Decree 2188/1995 of 28 December, which regulates the internal control exercised by the General Intervention of the State Administration, developing the precepts of the General Budget Law in the field of financial control and financial control, it introduces some changes in the exercise of internal control, in particular with regard to those matters in which the Council of State has ruled.

Experience in the application of the prior limited taxation of Passive Classes and the evolution of its interpretation, as well as the modernization of procedures in the General Directorate of Personnel Costs Public Pensions and in its Delegate Intervention advise a new treatment in the matter of Passive Classes.

On the other hand, the existing Council of Ministers ' Agreement on the control of subsidies presents major weaknesses in establishing only the verification of minimum and very general requirements. This is due to the multiplicity of subsidy lines, each with its specific rules, which makes it difficult to determine general application criteria for all types of grants and public aid.

Therefore, it is necessary to amend the Council of Ministers ' Agreement of 29 July 1994, in order to adapt it to the current rules and to strengthen control over certain areas of public expenditure.

As for the above, and in compliance with Article 95 of the recast text of the General Budget Law, it is adopted, on a proposal from the Ministry of Economy and Finance, prior to the report of the General Intervention of the State administration and after deliberation by the Council of Ministers, at its meeting on 4 July, the following Agreement:

First. -1. The prior audit of obligations or expenditure included in this Agreement, in each of the Ministries, centres, offices or agencies shall be carried out by checking the following:

(a) The existence of budgetary credit and that the proposal is appropriate to the nature of the expenditure or obligation that it proposes to contract.

In cases in which the commitments on expenditure of a multi-annual nature are to be entered, it shall also be determined whether the provisions of Article 61 of the recast text of the General Budget Law are fulfilled.

b) That the obligations or expenses are generated by competent body.

(c) Additional extremes which, having regard to the nature of the various acts, documents or files are contained in this Agreement.

2. Without prejudice to the foregoing, in the cases where, in accordance with this Agreement, the existence of an opinion of the Council of State is to be verified, the extremes referred to in this Article shall be verified before (a) the provisions of this Agreement and, subsequent to their issuance, only their material existence and favourable status will be found in compliance with Article 13.1 of Royal Decree 2188/1995 of 28 December 1995.

Second. -For all types of files, in addition to the checks that are determined in the following paragraphs, the following are indicated:

1. The competence of the contracting authority, the grant of the grant or the jurisdiction of the asset liability file, where that body does not have the power to approve the expenditure in question.

2. Where the mandatory reports referred to in the various paragraphs of this Agreement have led to the fact that requirements or formalities which are essential have been omitted or that the continuation of administrative management may cause (a) the document or documents which are the subject of the report shall be examined in detail and if, in the case of the Financial Controller, the above circumstances are given, the document or documents which are the subject of the report shall be examined in accordance with the provisions of the Article 96 of the General Budget Law.

3. In the case of recognition of obligations, it shall be established that they respond to approved and audited expenditure.

4. The existence of the authorization of the Council of Ministers in the cases that, in accordance with Article 12.2 of the Law of Contracts of the Public Administrations, require it.

5. The existence of the authorization of the holder of the Ministerial Department in the cases that, according to Article 12.1 of the Law of Contracts of Public Administrations, require.

Third.-In the case of employment contracts, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

1. Proposal for the recruitment of fixed labour:

(a) The incorporation of a certificate, issued by a competent body, that the posts to be covered are detailed in the respective relationships or catalogues of jobs and are vacant.

(b) The requirement of advertising for the corresponding calls in the "Official Gazette of the State", in the terms of Article 29 of Royal Decree 364/1995 of 10 March, has been completed.

(c) Accreditation of the results of the selective process issued by the competent body.

d) Adequation of the contract that is formalized with the provisions in the current regulations.

e) that the remuneration to be paid in the contract is in accordance with the Collective Agreement resulting from the application and, in the case of a contract outside the Convention, that the Ministries of Economic and Financial Affairs and the Ministry of Finance and Public Administration.

2. Proposal for the recruitment of eventual workforce:

(a) Joint authorization of the Ministries of Economy and Finance and of Public Administrations.

b) The selection criteria established by the Ministry for Public Administrations have been completed in accordance with the terms set out in Article 35 of Royal Decree 364/1995 of 10 March.

(c) Accreditation of the results of the selective process issued by the competent body.

d) Adequation of the contract that is formalized with the provisions in the current regulations.

(e) In the case of recruitment of staff from investment credits, the existence of the report of the Legal Service of the Department or the Agency concerned shall be verified on the basis of the procurement procedure. temporary use and on the observance, in the clauses of the contract, of the requirements and formalities required by the labour law.

(f) the remuneration to be indicated in the contract shall be in accordance with the Collective Agreement resulting from the application and, in the case of a contract outside the contract, which is authorized by the Ministries of Economic and Financial Affairs and Public Administration.

3. Proposal for recruitment of labour staff to provide service abroad:

The existence of a certificate issued by a competent authority to determine:

(a) The national or foreign regulations governing the constitution and effects of the contract, as well as the professional category of the respective workers. In the event that this legislation is national, it will be further checked:

Fixed work staff: Compliance with the requirements set out in points (a) and (d) of the previous number 1.

Eventual job staff: The fulfilment of the requirements laid down in points (a) and (d) of the previous number 2.

4. The cases for the extension of employment contracts shall be subject to prior limited audit, in addition to the requirements (a) and (b) of the first paragraph, that the duration of the contract does not exceed the period laid down in the legislation in force.

Fourth.-On the payroll of staff remuneration at the service of the State Administration and its self-employed bodies, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

a) That the payroll is signed by the Enabled and is proposed for authorization to the competent body.

b) In the case of ordinary and unified monthly periods, the arithmetic check shall be carried out by making the amount of the total of the payroll with which the sum of the algebraic sum of the previous month variations included in the payroll of the month in question.

c) Documentary Justification limited to the following high and varying payroll assumptions, with the scope that for each of them is indicated:

1. Senior posts: Copy of the appointment agreement or document stating the date of its official publication, due diligence of the corresponding take-over and verification of the remuneration.

2. Staff under statutory scheme of new income: Agreement on appointment, diligence of the corresponding takeover and verification that the remuneration is in agreement with the group and job. For these purposes, the list of the Ministry of Education and Culture shall be determined in accordance with the provisions of Article 55.3 of Law No 30/1992, the appointment and the taking of possession by means of relations, signed by the body to which the they correspond to those powers, which contain the particulars of those documents, not verifying the remuneration.

3. New income: Copy of the plan or contract on which the prior audit of the expenditure was carried out.

4. The remainder of the obligations reflected in the payroll, as well as the acts which generate them, shall be the subject of subsequent verification.

Fifth. -In the cases of approval and recognition of the employer's contribution to the Social Security, the extremes provided for in points (a) and (b) of the first paragraph and, if applicable, second, of this Agreement shall be verified.

Sixth. -In the case of claims filed with the Administration, in respect of damages, for property liability, the additional extremes referred to in the first paragraph of .1.c) This Agreement shall be the following:

1. Complaints to the General Administration of the State, excluding those arising from the operation of the Administration of Justice:

(a) That there is an opinion from the State Council.

b) That there is a report of the service whose function has resulted in the alleged indemnification injury.

2. Claims based on the functioning of the Administration of Justice:

2.1 Abnormal operation of the Administration of Justice:

(a) That there is an opinion from the State Council.

b) That there is a report by the General Council of the Judiciary.

2.2 Judicial Error:

(a) That there is an opinion from the State Council.

b) That there is a judgment expressly recognizing the judicial error.

2.3 Preventive Prison:

(a) That there is an opinion from the State Council.

b) That there is a judgment declaring the acquittal for non-existence of the fact imputed or that by this same cause has been dictated self of free dismissal.

3. Complaints to the self-employed bodies. -That there is a report of the service whose operation has caused the alleged damage to be compensated.

Seventh.-In the case of works contracts, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

1. New work:

A) Spending Approval:

(a) A project reported by the Office of Project Supervision, if applicable.

(b) There is a specification of particular administrative clauses and is reported by the Legal Service.

(c) Where plies-type of administrative clauses are used, verify that the contract to be concluded is analogous to that reported by the Legal Service.

d) That there is a prior review act, signed by the corresponding Head of Service.

(e) Where the tender is proposed as a form of award, verification that the specification of particular administrative clauses sets objective criteria for the award of the contract.

(f) When the negotiated award procedure is proposed, check that the circumstances provided for in Articles 140 and 141 of the Law on Public Administration Contracts are met.

B) Spending commitment:

(a) Where the contract is not awarded in accordance with the proposal put forward by the Board of Contracts, there is a reasoned decision of the contracting authority.

(b) Where the employer proposed as a successful tenderer has not submitted in the invitation to tender the certification to be aware of its tax and social security obligations, as set out in Article 9.3 of the Royal Decree 390/1996 of 1 March 1996, or if it had lapsed according to Article 10 (3), to verify that it is in the ordinary course of those obligations.

(c) Conformity, where appropriate, of the classification granted to the contractor which is proposed as a successful tenderer with that required in the specification of particular administrative clauses.

2. Modified:

(a) A project reported by the Office of Project Supervision, if applicable.

b) That there is a report from the Legal Service and, where appropriate, the opinion of the State Council.

c) That there is a prior review act, signed by the corresponding Head of Service.

3. Ancillary or complementary works:

(a) A project reported by the Office of Project Supervision, if applicable.

(b) Where the ancillary or supplementary work exceeds 20 per 100 of the price of the contract at the time of the approval of such ancillary or supplementary work or, without exceeding it, a contractor other than that of the the main work, the file must meet the requirements for the new work.

c) That there is a prior review act, signed by the corresponding Head of Service.

4. Price revisions (approval of expenditure). -That the requirements laid down by Article 104.1 of the Law on Contracts of Public Administrations are met and that the possibility of revision in the specification of clauses is not expressly excluded (a)

5. Work certifications:

(a) That there is certification, authorized by the optional Director of the work and with the conformity of the corresponding services of the managing body.

(b) For the first certification, which is the final guarantee.

c) In the event of advances, as provided for in Article 145.2 of the Law on Public Administration Contracts, the required security has been provided.

(d) To be paid by the contracting company in accordance with the provisions of Royal Decree 2402/1985 of 18 December 1985 on the obligation to issue an invoice by employers and professionals.

e) When the work certification includes price revision, for its credit, check that the requirements of Article 104.1 of the Law on Public Administration Contracts are met and that it is not expressly excluding the possibility of revision in the specification of particular administrative clauses.

6. Settlement:

a) That there is a report from the Office of Project Supervision, if applicable.

(b) The certificate or certificate of conformity of the reception of the work is accompanied.

(c) Where price revision is included, for payment, to verify that the requirements of Article 104.1 of the Law on Public Administration Contracts are met and that the possibility is not expressly excluded review in the specification of particular administrative clauses.

(d) To be paid by the contracting company in accordance with the provisions of Royal Decree 2402/1985 of 18 December 1985 on the obligation to issue an invoice by employers and professionals.

7. Payment of interest for late payment. -That there is a report from the Legal Service.

8. Compensation for the contractor:

a) That there is a report from the Legal Service.

b) That there is a technical report.

9. Execution of works by the Administration:

(a) A project reported by the Office of Project Supervision, if applicable.

b) That there is a prior review act signed by the Head of the corresponding service.

Eighth.-In the case of supply contracts, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

1. Supplies in general.

1.1 Initial file:

A) Spending Approval:

(a) There is a specification of particular administrative clauses reported by the Legal Service and, where appropriate, specifications of technical specifications for the supply.

(b) Where plies-type of particular administrative clauses are used, verify that the contract to be concluded is analogous to that reported by the Legal Service.

(c) Where the tender is proposed as a form of award, verification that the specification of particular administrative clauses sets objective criteria for the award of the contract.

d) When the negotiated award procedure is proposed, check that the

circumstances provided for in Articles 182 and 183 of the Law on Public Administration Contracts. B) Commitment to expenditure:

(a) When the contract is not awarded in accordance with the proposal put forward by the Contracting Bureau, there is a reasoned decision of the contracting authority.

(b) Where the employer proposed as a successful tenderer has not submitted in the invitation to tender the certification to be aware of its tax and social security obligations, as set out in Article 9.3 of the Royal Decree 390/1996 of 1 March, or if it had expired according to Article 10 (3), to verify that the same is in the ordinary of those obligations

1.2 Price review (approval of expenditure). -That the requirements of Article 104.1 of the Law on Contracts of Public Administrations are met and that the possibility of revision in the Public Administrations Law is not expressly excluded. specification of particular administrative clauses.

1.3 Modification of the contract. -That there is a report from the Legal Service and, where appropriate, from the State Council.

1.4 Abonos to the contractor.

1.4.1 Abonos to account:

(a) In the first credit account, the final guarantee has been lodged.

b) That the compliance of the competent services with the supply made or manufactured exists.

(c) To be paid by the contracting company in accordance with the provisions of Royal Decree No 2402/1985 of 18 December 1985 on the obligation to issue an invoice by employers and professionals.

(d) When the credit is included, check that the conditions required by Article 104.1 of the Law on Public Administration Contracts are met and that the possibility of the contract is not expressly excluded. revision in the specification of particular administrative clauses.

e) In the event of advances, as provided for in Article 100.3 of the Law on Contracts of Public Administrations, check that the required security has been provided.

1.4.2 Total Abono or Settlement Payment if Credits are available:

(a) The certification or certificate of conformity of the receipt of the supply is accompanied.

(b) A bill to be paid by the contracting company in accordance with the provisions of Royal Decree 2402/1985 of 18 December 1985 on the obligation to issue invoices by employers and professionals.

(c) Where price revision is included, for payment, to verify that the requirements of Article 104.1 of the Law on Public Administration Contracts are met and that the possibility is not expressly excluded of price revision in the specification of particular administrative clauses.

1.5 Payment of interest for late payment. -That there is a report from the Legal Service.

1.6 Compensation for the contractor:

a) That there is a report from the Legal Service.

b) That there is a technical report.

2. Centralised procurement assets.

2.1 Procurement Proposal to the Central Supply Service. -Only the ends will be checked-

a general rule in the first subparagraph and, where applicable, the second paragraph of this Agreement.

2.2 Contractor Clearance:

(a) The certificate or certificate of conformity of the receipt of the goods is accompanied.

b) That there is a communication from the Directorate-General of State Heritage that it has ordered the contractor to supply the goods subject to the contract.

(c) A bill to be provided by the contracting company in accordance with the provisions of Royal Decree 2402/1985 of 18 December 1985 on the obligation to issue an invoice by employers and professionals.

(d) When the settlement includes price revision, for its credit, check that the requirements of Article 104.1 of the Law on Public Administration Contracts are met and that it is not expressly excluding the possibility of revision in the specification of particular administrative clauses.

3. Procurement of equipment and systems for the processing of information.

3.1 Initial file. -In the cases covered by Decree 2572/1973 of 5 October 1973, they shall be verified in addition to the extremes provided for in the first paragraphs and, where appropriate, the second paragraph of this Agreement, the existence of the Technical reports issued by the Inter-Ministerial Commission for the Acquisition of Information and Information Services.

in the other cases, including those dealt with under Royal Decree 533/1992, the same extremes as are required for supplies in general, as well as the verification of the existence of the technical reports issued by the corresponding Ministry of Information Committees.

4. Contract of manufacture.-In the event that the specification of particular administrative clauses determines the direct application of the rules of the contract of works, the ends intended for that type of contract shall be checked in seventh of this Agreement. In another case, such extremes shall be those already specified for supplies in general.

Ninth. -In the case of contracts for consultancy and assistance contracts, services and specific and specific non-standard work of the Administration, the additional extremes referred to in the first paragraph of the This Agreement shall be as follows:

1. Initial case:

A) Spending Approval:

(a) That there is the specification of particular administrative clauses and is informed by the Legal Service and, where appropriate, specifications of the technical specifications of the contract.

b) That the object of the contract is perfectly defined, in such a way as to permit verification of the exact fulfilment of the obligations by the contractor.

(c) Where plies-type of administrative clauses are used, verify that the contract to be concluded is analogous to that reported by the Legal Service.

d) Detailed and reasoned report, issued by the service concerned in the conclusion of the contract, in which the extremes referred to in Article 203.1 of the Law on the Contracts of Administrations are duly justified Public.

(e) Where the tender is proposed as a form of award, verification that the specification of particular administrative clauses sets objective criteria for the award of the contract.

f) Where the negotiated award procedure is proposed, check that the circumstances provided for in Articles 210 and 211 of the Law on Public Administration Contracts are met.

B) Spending commitment:

(a) When the contract is not awarded in accordance with the proposal put forward by the Contracting Bureau, there is a reasoned decision of the contracting authority.

(b) Where the employer proposed as a successful tenderer has not submitted in the invitation to tender the certification to be aware of its tax and social security obligations, as set out in Article 9.3 of the Royal Decree 390/1996 of 1 March 1996, or if it had lapsed according to Article 10 (3), to verify that it is in the ordinary course of those obligations.

(c) Conformity, where appropriate, of the classification granted to the contractor which is proposed as a successful tenderer with that required in the specification of particular administrative clauses.

2. Amendment of the contract. -That there is a report from the Legal Service and, where appropriate, from the State Council.

3. Price revision (approval of expenditure). -That the requirements of Article 104.1 and 2 of the Law on Public Administration Contracts are met and that the possibility of revision in the contract documents is not expressly excluded (a)

4. Credits to account:

(a) In the first credit account, the final security has been lodged, unless it is instructed in the form of price retention.

b) That there is certification of the corresponding organ by valuing the executed partial job.

(c) A bill to be provided by the contracting company in accordance with the provisions of Royal Decree 2402/1985 of 18 December 1985 on the obligation to issue an invoice by employers and professionals.

(d) When the credit is included in the credit, check that the requirements of Article 104.1 and 2 of the Law on Public Administration Contracts are met and that the possibility of revision is not expressly excluded. in the specification of particular administrative clauses.

e) In the event of advances, as provided for in Article 100.3 of the Law on Contracts of Public Administrations, check that the required security has been provided.

5. Total payment or payment of the settlement if account is paid:

(a) The certification or record of conformity of the receipt of the work is accompanied.

(b) A bill to be paid by the contracting company in accordance with the provisions of Royal Decree 2402/1985 of 18 December 1985 on the obligation to issue an invoice by employers and professionals.

(c) Where price revision is included, for payment, to verify that the requirements of Article 104.1 of the Law on Public Administration Contracts are met and that the possibility is not expressly excluded of price revision in the specification of particular administrative clauses.

6. Files relating to computer services. -That there is a technical report from the CIABSI or, where appropriate, from the corresponding Ministerial Commission of Informatics.

Tenth.-In the case of contracts of property contracts, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be the following:

1. Acquisition of real estate by the General Administration of the State.

1.1 Proposal for the acquisition and authorization of expenditure by the Department concerned. -Only the general provisions of the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

1.2 Acts carried out by the Ministry of Economy and Finance. Directorate-General of the State Heritage. The audit shall be carried out by the Financial Controller in that management centre and shall consist of verifying that there is a report from the Legal Service on the legal aspects of the procurement.

1.3 Approval of the commitment of expenditure by the Department concerned. -That there is agreement of acquisition of the Minister of Economy and Finance or authority in which the competition has been delegated.

2. Voluntary acquisition by the General Administration of the State of land not intended for the construction of buildings:

(a) There is a report from the Legal Service on the legal aspects of recruitment.

b) There is agreement of the Council of Ministers authorizing direct procurement, if the selection of the seller is intended to be carried out by this procedure.

3. Leasing of immovable property by the General Administration of the State, whether it is dealt with as an independent file or in the case of disposal of the immovable property in which the lease or lease is to be agreed at the same time financial.

3.1 Proposal for the leasing and authorization of expenditure by the Department concerned. -Only the ends provided for in the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

3.2 Actuations carried out by the Ministry of Economy and Finance. Directorate-General of the State Heritage. The audit shall be carried out by the Financial Controller in that Steering Centre and shall consist of verifying that there is a report of the Legal Service on the legal aspects of the procurement.

3.3 Approval of expenditure commitment by the Department concerned:

There is a resolution of the Director-General of the State of the award of the contest, if the selection of the lessor has been carried out by this procedure.

That there is an Order of the Minister of Economy and Finance, or authority in which the competition is delegated, by agreeing to direct contracts, if the selection of the lessor has been carried out by this procedure.

3.4 Recognition of the obligation:

(a) That the compliance of the competent services with the provision made exists.

b) To be paid by the lessor in accordance with the provisions of Royal Decree 2402/1985 of 18 December on the obligation to issue an invoice by employers and professionals.

4. Acquisition of real estate by autonomous bodies:

Proposal for acquisition and authorization of expenditure:

a) That, if any, there is authorization from the Chief of the Ministerial Department.

b) That there is a report from the Legal Service on the legal aspects of recruitment.

(c) That there is a favourable report by the Directorate-General for State Heritage in the case of direct procurement, with the exceptions provided for in Article 43,b) and (c) of the Law of 26 December 1958, of the Legal Regime of the Autonomous State Entities, as long as the Law continues to apply to the autonomous body concerned, taking into account the provisions of the third transitional provision of Law 6/1997, of 14 April, of Organization and Operation of the General Administration of the State.

5. Lease of real estate by Autonomous Bodies.

5.1 Lease and spend authorization proposal:

a) That, if any, there is authorization from the Chief of the Ministerial Department.

b) That there is a report from the Legal Service on the legal aspects of recruitment.

c) That there is a report by the Directorate-General of the State Heritage in the case of direct procurement or the Council of Ministers Agreement which excepts it, except in the cases provided for in Article 443 (c) of the Law of December 26, 1958, of the Legal Regime of the Autonomous State Entities, as long as the Law continues to apply to the autonomous body concerned, taking into account the provisions of the third transitional provision of Law 6/1997, April 14, Organization and Operation of the General Administration of the State.

5.2 Recognition of the obligation. -Equal requirements for the General Administration of the State.

Eleventh. -In the cases of collaboration agreements concluded by the General Administration of the State and its administrative autonomous bodies with entities governed by public law or with natural or legal persons subject to law private, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

1. Collaboration agreements with Autonomous Communities.

1.1 Subscription:

(a) That there is a prior authorization of the Convention by the Government Delegation for Autonomic Policy.

b) That there is a report from the Legal Service on the text of the Convention.

1.2 Substantial modifications:

(a) That there is a prior authorization of such modifications by the Government's Delegation for Autonomic Policy.

b) That there is a report from the Legal Service on the text of the amendment.

1.3 Extension. -That is prior to authorization by the Government's Delegation for Autonomic Policy.

2. Cooperation agreements with the rest of public law entities. -That there is a report from the Legal Service on the text of the Convention.

3. Collaboration agreements with natural or legal persons subject to private law. In the case of grants, verification of the requirements set out in paragraph 12 of this Agreement.

Twelfth. -For the aid files. -In the case of grants, except those for the financing of refunds, aid or interventions in the agricultural and fisheries sectors, financed solely by funds The additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

1. For grants in general:

A) Authorization of the expense and concession agreement. -That, if applicable, the regulatory bases of the concession have been informed by the Legal Service and published in the "Official State Gazette".

B) Recognition of obligations:

(a) In the event that the subsidy rules provide for the requirement of guarantees under the seventh paragraph of Article 81.6 of the recast text of the General Budget Law, which is credited to the existence.

(b) In the case of ex-post grants, certification issued by the granting body, accrediting the fulfilment of the purposes justifying the grant of the grant.

c) Accreditation, by the beneficiary, of being aware of its tax obligations and social security.

2. For certain grants.

2.1 Grants for social interest purposes derived from the tax allocation of the Income Tax of the Physical Persons:

A) Authorization of the expense and concession agreement:

(a) That, where appropriate, the regulatory bases of the concession have been informed by the Legal Service and published in the Official Gazette of the State.

b) That the beneficiary organisation or entity is legally constituted, is not for profit and has as its primary institutional purpose the implementation of the activities of the subsidised social interest.

(c) There is a proposal to grant the grant from the Commission designated for that purpose by the convening body.

B) Recognition of obligations:

(a) Certification issued by the granting authority, accrediting the fulfilment of the purposes justifying the grant of the grant.

b) Accreditation, by the beneficiary, of being aware of its tax obligations and social security.

2.2 Shipbuilding Primes:

A) Authorization of the expense and concession agreement:

(a) That, as the case may be, the regulatory bases of the concession have been informed by the Legal Service and published in the "Official Gazette of the State".

b) That the beneficiaries meet the requirements of Article 1.1 of the Basic and Financing for Shipbuilding Regulation, approved by the Order of the Ministry of Industry and Energy of 26 September 1994.

c) That there is a report-proposal of the Management of the Naval Sector.

B) Recognition of obligations:

(a) The supporting documentation corresponding to each credit required in Article 9 of the Regulation of Primas and Financing for Shipbuilding, approved by the Order of the Ministry of Industry and Energy of 26, is provided. of September 1994.

b) Accreditation, by the beneficiary, of being aware of its tax obligations and social security.

2.3 Grants for the National Plan for Vocational Training and Insertion.

2.3.1 For assistance to students and teachers, the additional extremes to be checked shall be those established for grants in general, except those set out in paragraphs 1 (B) (a) and (c), which shall not be subject to verification.

2.3.2. For grants to collaborating centres, the additional extremes to be checked will be:

A) Authorization of the expense and concession agreement:

(a) That, as the case may be, the regulatory bases of the concession have been informed by the Legal Service and published in the "Official Gazette of the State".

b) That the beneficiaries are authorised by the competent body to function as a contributing body.

B) Recognition of obligations.-The additional extremes to be checked will be those established for grants in general.

13th. -In the case of transfers made by the State Administration to the various territorial entities under Sections 32 and 33 of the General Budget of the State, the additional to be checked, whether in the authorisation of the expenditure, the concession agreement or the recognition of obligations, as appropriate:

1. Transfers to Autonomous Communities by the Interterritorial Compensation Fund. -That there is the request of the Autonomous Community to the managing body of the credits in the Ministry of Economy and Finance.

2. Transfers to territorial entities for their participation in the State's income. -That the payments are made in accordance with the periodicity established in the corresponding State General Budget Law.

3. Transfers to local entities and public undertakings and public entities under the Convention or the Contract Programme:

a) That such a Convention or Program Agreement exists.

b) That the amount is in accordance with that set out in the corresponding Convention or Program Contract.

14th. -In the cases of recognition of the right to pensions of Passive Classes of the State and of the extraordinary pensions of terrorism referred to in Title II of Royal Decree 851/1992, its liquidation and inclusion in payroll, as well as the settlement and inclusion in payroll of aid to those affected by HIV. collected in Royal Decree-Law 9/1993, and in recognition of the right to compensation of those who suffered imprisonment, the extremes Additional information referred to in paragraph 1 (c) of this Agreement shall be as follows:

I) Common requirements. -photocopy of the national identity document with control letter, fiscal identification number or official communication of the same, except for pension recognition or aid cases foreigners.

II) Specific requirements for each case type:

1. Recognition of the right to pensions of Passive Classes of the State and of the extraordinary pensions of terrorism referred to in Title II of Royal Decree 851/1992.

1.1 Recognition, by the Ministry of Defense, retirement pensions and in favor of family members.

1.1.1 Ordinary retirement pensions:

(a) That there is a resolution of the competent authority which provides the person concerned with the retirement or retirement situation, if any.

(b) That the causative event giving rise to the initiation of the procedure for the recognition of the retirement pension is documented and is accompanied by a duly legalized copy of the service sheet or certificate of Equivalent services, low haber, if any, and the mandatory reports of incapacity, when the withdrawal has cause in some class of that.

c) To be credited, if any, that the official has completed the period of absence that entitles to pension.

1.1.2 Extraordinary retirement pensions.-In addition to the requirements set out above for ordinary retirement pensions, there is a resolution of the competent authority stating that the causes of the incapacity are attributable to an act of service.

1.1.3 Ordinary pensions in favour of family members:

(a) That there is a death certificate or, in the cases determined by the Law, a declaration of death or of a legal absence.

b) That the family relationship or, if any, coexistence is credited. If the recipient of the pension has been a legitimate spouse of the deceased having been granted legal separation, divorce or invalidity during the marriage, a literal marriage certificate shall be provided to the date of death. of the deceased.

(c) If the deceased person has died before causing a retirement pension, a duly legalized copy of the service sheet or equivalent service certificate. If the deceased had died after causing a retirement pension, a tax agreement for the recognition of that pension.

1.1.4 Extraordinary pensions for family members:

(a) That there is a death certificate or, in the cases determined by the Law, a declaration of death or of a legal absence.

(b) There is a resolution of the competent authority setting out the death at the service of the deceased.

c) A copy, duly legalized, of the service sheet or equivalent service certificate. In the event that the extraordinary pension will be processed after the ordinary pension is recognised, it will be necessary to check instead of the copy of the service sheet or equivalent service certificate, which exists in accordance with the recognition of that pension.

d) That the family relationship or, if any, co-existence is credited. If the recipient of the pension has been a legitimate spouse of the deceased having been granted legal separation, divorce or invalidity during the marriage, a literal marriage certificate shall be provided to the date of death. of the deceased.

1.2 Recognition, by the Directorate General of Personnel and Public Pensions Costs of the Ministry of Economy and Finance, of pensions in favor of the cause.

1.2.1 Ordinary retirement pensions:

a) That there is a request, if any.

(b) That the causative event giving rise to the initiation of the procedure for the recognition of the pension and accompanying the relevant documentation, signed by the competent retirement authority, is credited.

(c) That the official has completed the period of absence which entitles him to a pension.

1.2.2 Extraordinary retirement pensions:

(a) That the causative event which gives rise to the initiation of the procedure for the recognition of the pension is credited and the corresponding documentation is accompanied by the competent retirement authority.

In the event that the extraordinary pension will be processed once the ordinary pension is recognised, it will be necessary to verify, instead of the requirement of the previous paragraph, that there is a controlled resolution of recognition of that pension. pension and, in turn, may be replaced by a certificate of high payroll.

(b) The case for finding out the causes that have been found in the event causing the futility, informed by the relevant competent body in the field of personnel; or the file instructed by the Ministry The Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities Conscientious objectors in accordance with the provisions of Royal Decree 848/93.

1.2.3 Extraordinary pensions of terrorism referred to in Title II of Royal Decree 851/1992:

a) That there is a request.

(b) The file instructed by the Ministry of the Interior is accompanied by a declaration of the injuries that have occurred as a result of acts of terrorism, or certification of its content.

c) Accreditation of not being entitled to benefits of the same nature for the same reason in any public social security scheme.

1.2.4 Retirement pensions of military personnel, recognized under Title I of Law 37/1984.

a) That there is a request.

(b) The documentation documentation provides proof of the military employment actually achieved and/or of the services provided by the beneficiary as a professional military officer.

1.2.5 Special pensions derived from the civil war, 1936-1939, to the personnel at the service of the Republic in the Armed Forces, Public Order Forces or Carabinieri Corps during the civil war, recognized under the Title II of Law 37/1984:

a) That there is a request.

(b) The evidence concerning the employment achieved by the applicant in the Armed Forces, Public Order Forces or Carabinieri Corps is accompanied by the file.

1.2.6 Special pensions arising from the civil war, 1936-1939, to be mutilated under Decree 670/1976, Law 6/1982, Royal Decree-Laws 43 and 46/1978 and Law 35/1980:

a) That there is a request.

(b) There is a medical opinion with the minimum score required for the right, issued by the Central Medical Tribunal or by the competent Medical Tribunal for the purposes of recognition of the rights regulated in Law 5/1976.

c) In the case of pensions in favour of professionals of the Armed Forces or Institutes, the employment actually achieved and/or the services provided by the person concerned or, where appropriate, the recognition of services, carried out by the Ministry of the Interior under Decree 3357/1975 or Law 46/1977; by the Ministry of Defence, under the Royal Decree-Law 6/1978, or by the Directorate-General for Personnel and Pensions Costs Public, in application of the provisions of Title I of Law 37/1984.

1.3 Recognition, by the Directorate General of Personnel and Public Pensions Costs of the Ministry of Economy and Finance, of pensions in favor of family members:

a) That there is a request.

b) That there is a death certificate of the deceased or, if applicable, declaration of death or of legal absence in cases determined by the Law.

c) That the family relationship, or coexistence, is credited.

d) Where appropriate, accreditation of the additional legal assumptions that entitle the applicant to a pension.

(e) Justification of the requirements set out in the preceding paragraphs concerning the right to a pension of the deceased, except for the period of grace referred to in paragraphs (II) (1) (1) (c) and (1) (c) above.

This will not be necessary if the deceased or the previous beneficiary of the pension by right of preference had the condition of pensioner, being able to

replace that justification with the corresponding certificate of low payroll in case they have been receiving the pension at the time of the birth of the right of the applicant or, if not, with the Audited resolution of recognition and non-high-payroll certificate.

(f) In the case of pensions in favour of family members of deceased persons in civil war or as a result of them, recognised under Law 5/1979, and the deceased would have been a professional of the Armed Forces or Institutes, it must also be verified that the certificate issued by the competent body is accompanied by a certificate stating the regulatory basis which, by graduation and years of service, would have been the cause of the case in 1979.

1.4 Rehabilitation and accumulation of pensions by the General Directorate of Personnel and Public Pensions Costs or, where appropriate, by the Provincial Delegations of the Ministry of Economy and Finance.

1.4.1 Rehabilitation of pensions lost due to failure to report to the recovery or not to be reviewed, for recovery of legal aptitude and for the disappearance of the incompatibility by cessation in the active work:

a) That there is a request.

(b) A certificate of low payroll, in which the cause of the discharge is recorded, the amount and the date on which it was produced, or the audited resolution for the recognition of the pension and the certificate of non-discharge in payroll.

c) If applicable, statement of faith of life and state.

(d) Where the rehabilitation is by disappearance of the incompatibility, the documentation certifying the cessation of the active work must be accompanied, as well as the date of the active work, which gave or should have resulted in the decrease of the to have a corresponding liability.

1.4.2 Accumulation by death, loss of legal fitness, application of incompatibilities and maximum limit of perception:

a) That there is a request.

b) Compliance or certificate of high-payroll certificate recognition resolution of the applicant.

(c) Which, with effect from the moment of the applicant's right, is credited with the low payroll of the co-participant whose portion is the subject of cumulation or, where appropriate, the audited resolution and the supporting certificate of that the high payroll of the same has not been produced.

1.5 Revisions and resolutions of resources on pension recognition resolutions by the Directorate General of Personnel and Public Pensions Costs of the Ministry of Economy and Finance and the Directorate General of Personnel of the Ministry of Defense.

1.5.1 In general reviews, the need for such a general review is sufficiently motivated and the pensions affected by it are defined accurately.

1.5.2 In particular reviews, the specific arrangements for each type of pension shall be applied in accordance with the preceding paragraphs, although it will not be necessary to establish those extremes that do not affect the review and have not suffered alteration.

1.5.3 Resource resolutions will be treated as particular pension reviews.

2. Pension settlement, aid to those affected by the V.I.H. referred to in Royal Decree Law 9/1993 and the benefits provided for in Royal Decree 848/1993, both on a centralised basis, through the General Directorate of Costs of Staff and Public Pensions, as in decentralised arrangements through the Passive Classes of the Provincial Delegations of the Ministry of Economy and Finance:

2.1 Liquidations for recognition, rehabilitation, accumulation or co-participation of pensions or aid:

(a) That there is a corresponding resolution of recognition, rehabilitation, accumulation or co-participation of pensions or audited aid of conformity.

b) That the legislation on pension limitation is complied with.

It shall be determined on the basis of the statement of the data subject and, where appropriate, with the certificate of the economic data of each of the pensions subject to a joint limit included in the Register of public social benefits.

c) That the legislation on incompatibilities is complied with.

The explicitly stated in the tax resolution for the recognition of the pension and those relating to the right to recovery will be checked on the basis of the statement of the person concerned; both those relating to other pensions and to duplicity in the recovery of the same pension, either by the same or different beneficiary.

Where appropriate, the reasons for the dates of loss of the right to recovery and the timely reduction in payroll.

In the event of undue payments, there is evidence of the repayment to the Treasury or the initiation of the procedure.

d) Verification of the accuracy of the parameters used in the arithmetic calculations performed.

2.2 Pension Settlement or Passive Class Unit Transfer Aids:

a) That there is a low-payroll certificate from the corresponding Passive Classes Unit.

b) Verification of the accuracy of the parameters used in the arithmetic calculations performed.

2.3 Reactivation of pensions or aids:

(a) That there is a certificate of absence in payroll for not showing up for recovery, for not having passed a magazine or for lack of faith in life or declaration of life and state.

b) Verification of the accuracy of the parameters used in the arithmetic calculations performed.

2.4 Economic Add-ons:

a) That there is a request.

(b) That the audited resolution of the settlement of the pension is accompanied.

c) Checking the date of economic effects.

d) Verification of the accuracy of the parameters used in the arithmetic calculations performed.

2.5 Earned and Not Received:

a) That there is a request.

b) The death certificate of the previous beneficiary.

c) A certificate of low payroll per death.

In case of not having been high the corresponding audited settlement will be filed this and certificate of non-high in payroll.

d) That there is, as the case may be, proof of repayment to the Treasury.

e) Verification of the accuracy of the parameters used in the arithmetic calculations performed.

2.6 Retentions for pensions or aid. -There is a provision or order for the freezing of liabilities, which is decreed by competent authority.

2.7 Revisions and resolution of resources on pension settlements or aid.

2.7.1 In general reviews, the need for such a general review is sufficiently motivated and the pensions affected by it are defined accurately.

2.7.2 In particular reviews, the specific regime for each type of file will be applied in accordance with the above paragraphs, but it will not be necessary to prove those extremes that do not affect the review and do not any alteration.

2.7.3 Resource resolutions will be treated as the individual reviews, with the existence of the corresponding application being checked.

3. Single payment payroll for Passive Classes. -They will be subject to full taxation.

4. Periodic Payroll of Passive Classes.

4.1 Direct Payment Payroll:

(a) That the summary statements of the payroll are signed by the person responsible for their training and are proposed for authorization to the competent body.

b) Arithmetic check, which shall be carried out by the accounting of the total of the payroll with which the sum of the variations included in the payroll of the month in question is the result of the previous month plus the algebraic sum.

c) It will be verified that the high for recognition of rights, for rehabilitation, for accumulation, for co-participation, for the transfer of Unit of Passive Classes, for reactivation of payments or for revision, provided that it is not has a general character, they respond to approved and audited settlement settlements.

4.2 Payment Payroll via Passive Classes Enabled:

(a) That the summary states of the payroll and their breakdown are signed by those responsible for their training and are proposed for authorization to the competent body.

b) Arithmetic check, which shall be carried out by the accounting of the total of the payroll with which the sum of the variations included in the payroll of the month in question is the result of the previous month plus the algebraic sum.

c) It will be verified that the high for recognition of rights, for rehabilitation, for accumulation, for co-participation, for the transfer of Unit of Passive Classes, for reactivation of payments or for revision, provided that it is not has a general character, they respond to approved and audited settlement settlements.

d) Arithmetic check of the breakdown of each of the Passive Classes enabled, which will be performed by making the total of each of the previous month the total amount of the variations included in the month in question for the same month.

e) Checking that the algebraic sum of the totals of the aforementioned breakdowns coincides with the total of the payroll and with the total of the variations.

4.3 Nomina of pensioners subject to judicial retention:

(a) That the summary statements of the payroll and the breakdown of holds are signed by those responsible for their training and are proposed for authorization to the competent body.

b) Arithmetic check, which shall be carried out by the accounting of the total of the payroll with which the sum of the variations included in the payroll of the month in question is the result of the previous month plus the algebraic sum.

c) Identical check of the high as in the direct pay payroll.

d) Identical arithmetic check of paragraph b) above for the withholding breakdown.

5. In the cases of recognition of the right to compensation in favour of those who suffered imprisonment as a result of the cases referred to in Law 46/1977, of 15 October, of Amnesty, as well as of their inclusion in payroll, the additional extremes referred to in paragraph 1 (c) of this Agreement shall be as follows:

5.1 Recognition of prison time compensation:

(a) That the effective periods of time spent in imprisonment of the deceased by the appropriate military or civil authority, or by the National Institute of Social Security in the cases in which it was applied are credited Law 18/1984.

However, in case the General Directorate of Personnel and Public Pensions Costs does not require the aforementioned documentation, reasons for such an extreme.

b) Accreditation of the status of widowhood, if any.

5.2 Single Payment Compensation Nominations for Times of Prison. -They will be subject to full audit:

The recognized indemnities in favor of deceased and unpaid beneficiaries will be processed as indicated for the item of accrued and unpaid assets.

6. Low, high or non-high payroll certificates referred to in the preceding numbers may be carried out by means of information extracted from the computer system of Passive Classes, with due diligence of identification of their origin; and provided that it is not a payroll advance movement. The above certificates shall also be valid in advance of the reference list provided that the relevant instructions have been entered in the computerised system.

15th. -In the payroll of benefits and unemployment benefits, as well as in the unemployment benefits of casual workers included in the Special Agrarian Social Security Regime, they will be checked exclusively the extremes contained in the first paragraph and, where appropriate, the second paragraph of this Agreement.

sixteenth. -In the general benefits files of the Special Social Security Regime of the Civil Servants of the State, as well as the specific ones of the MUFACE Special Fund, and its liquidation and inclusion on the payroll, where applicable, the additional extremes referred to in paragraph 1 (c) of this Agreement, shall be as follows:

1. Recognition of obligations arising from concerts with public or private entities for the provision of medical and pharmaceutical services:

a) That the application concert is duly subscribed and in force.

b) That the liquidations are made up of the organs responsible for the General Mutuality of Civil Servants of the State.

2. Recognition of obligations arising from concerts with public or private entities for the provision of social services or social assistance:

a) That the application concert is duly subscribed and in force.

b) That the liquidations be made up of the organs responsible for the General Mutuality of Civil Servants of the State.

3. Recognition of obligations arising from contracts with insurance companies for the coverage of healthcare and pharmaceutical expenses:

a) That the application contract is duly subscribed and in effect.

b) That the liquidations are made up of the organs responsible for the General Mutuality of Civil Servants of the State.

4. Health and pharmaceutical services which do not result from concerts with other entities; temporary disability allowance; financial benefit for a large amount of invalidity to be paid to the person in charge of the assistance to the disabled person; compensation for permanent non-invalidating injuries; benefits for social services and social assistance, except for economic aid for the purchase of housing, which do not result from concerts with other entities.

The extremes contained in the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

5. Granting of economic aid for housing acquisition:

a) That it is accredited that the petitioner is affiliated with the General Mutuality of Civil Servants of the State.

(b) The granting of the loan or, as the case may be, the subrogation, in the form required by the corresponding annual call.

c) To be credited, with the documentation required in the corresponding annual call, that neither the applicant nor his spouse own other housing in the terms set forth in that call.

6. Provision of pensions or other benefits of mutual benefits integrated into the special fund of the MUFACE:

a) That it is accredited that the petitioner is a mutualist or beneficiary of the corresponding Integrated Mutuality.

(b) The coverage of the period of absence, which is required, where appropriate, by the rule governing the benefit requested, is accredited.

c) Verification that the mutualist is aware of the payment of quotas.

7. Pension payslips and other benefits:

(a) that the payroll is signed by those responsible for their training and are proposed for authorization to the competent body.

b) Arithmetic check, which shall be carried out by the accounting of the total of the payroll with which the sum algebraic of the variations included in the payroll of the month in question results from the previous month.

c) Checking that the high payroll responds to agreements, recognizing the right to the pension or benefit, audited in accordance.

Seventeenth. -In the files of general benefits of the General System of Social Security of the officials to the Service of the Administration of Justice, as well as of the specific ones for the mutual societies of the Mutual funds incorporated in the General Judicial Mutual Agreement, and their settlement and inclusion in payroll, where applicable, the additional extremes referred to in paragraph 1 (c) of this Agreement, shall be as follows:

1. Recognition of obligations arising from concerts with public or private entities for the provision of medical and pharmaceutical services:

a) That the application concert is duly subscribed and in force.

b) That the liquidations are made up of the organs responsible for the General Judicial Mutuality.

2. Health and pharmaceutical benefits that do not result from concerts with other entities.

2.1 Provision of assistance directly requested by the mutualist or beneficiary in establishments other than those established by the Mutual Fund:

a) That it is accredited that the petitioner is a mutualist or beneficiary of the Judicial General Mutuality.

b) That there is a report of the medical service of the Mutuality.

2.2 Economic aids for prostheses and self-vaccines. -Only the extremes contained in the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

2.3 Psychiatric hospitalization:

a) That it is accredited that the petitioner is a mutualist or beneficiary of the Judicial General Mutuality.

b) That there is a medical certificate of mental illness.

3. Permanent disability benefits:

3.1 Benefits by reason of inability:

a) That it is accredited that the petitioner is a mutualist of the Judicial General Mutuality.

b) That there is an inability to retire.

3.2 Provision for high invalidity. -In addition to requirements a) and b) of the preceding 3.1, there shall be verification that there is accreditation that the petitioner is invalid.

4. Benefits for social assistance. -That is accredited that the petitioner is a mutualist of the Judicial General Mutuality.

5. Social benefits.

5.1 Help for physical and mental disabilities:

a) That it is accredited that the petitioner is a mutualist of the Judicial General Mutuality.

(b) The certificate of the competent body is proof of disability.

(c) In the case of life support, there is a death certificate or a retirement resolution of the mutualist.

5.2 Aid for costs of burial and aid for forced retirees by age. -Only the extremes contained in the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

6. Granting of pensions or other benefits of mutual benefits integrated into the General Judicial Mutuality:

a) That it is accredited that the petitioner is a mutualist or beneficiary of the corresponding Integrated Mutuality.

(b) That the coverage of the period of absence required, if any, by the rule governing the benefit requested is accredited.

7. Pension and benefits payslips:

(a) that the payroll is signed by those responsible for their training and are proposed for authorization to the competent body.

b) Arithmetic check, which shall be carried out by the accounting of the total of the payroll with which the sum algebraic of the variations included in the payroll of the month in question results from the previous month.

c) Checking that the high payroll responds to agreements, recognizing the right to the pension or benefit, audited in accordance.

Eighteenth. -In the files of general benefits of the Special Regime of the Social Security of the Armed Forces, as well as of the specific ones for the mutual societies of the Mutual Societies in the Social Institute of the Armed forces, the additional extremes referred to in paragraph 1 (c) of this Agreement, shall be as follows:

1. Recognition of obligations arising from concerts with public or private entities for the provision of medical and pharmaceutical services:

a) That the application concert is duly subscribed and in force.

b) That the settlements are made up of the organs responsible for the Social Institute of the Armed Forces.

2. Health and pharmaceutical benefits that do not result from concerts with other entities.

The extremes contained in the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

3. Benefits for social assistance and death aid.

3.1 Invalidity and disability:

a) That it is accredited that the petitioner is affiliated with the Social Institute of the Armed Forces.

b) That there is an opinion issued by the Minusvalia and Invalidity Assessment Commission.

3.2 For special interventions or treatments, of extreme old age, for the acquisition of equipment essential for the daily life and the provision of advance pensions for widower and orphans.

The extremes contained in the first paragraph and, where appropriate, the second paragraph of this Agreement shall be verified.

3.3 Death distress. -That there is a death certificate from the deceased.

4. Granting of economic aid for housing acquisition.

a) That it is accredited that the petitioner is affiliated with the Social Institute of the Armed Forces.

(b) The granting of the loan or, as the case may be, the subrogation, in the form required by the corresponding annual call.

c) To be credited, with the documentation required in the corresponding annual call, that neither the applicant nor his spouse own other housing in the terms set forth in that call.

5. Economic benefit due to temporary incapacity for service or work. -It is established that the applicant was providing an active service or an effective job at the time of the incapacity.

6. Economic benefit for the service.

6.1 Life Pensions:

a) That it is accredited that the petitioner was in the active service situation or in the situation of temporary incapacity when the service was declared to be useless.

b) That it is credited that the petitioner does not belong to the Benemeritus Body of Knights Mutilled War by the Fatherland.

6.2 Non-invalidating permanent injury indemnities. -Only the extremes contained in the first paragraph and, where applicable, the second paragraph of this Agreement shall be verified.

7. Social services benefits.

7.1 For special treatments:

a) That it is accredited that the petitioner is affiliated with the Social Institute of the Armed Forces.

(b) That there is an opinion issued by the Commission on the assessment of the value of the goods and the competent authority to replace it, in which the beneficiary's reduction or disability and the need for treatment are qualified.

7.2 For services for the third age. -Only the extremes contained in the first paragraph and, where applicable, the second paragraph of this Agreement shall be verified.

8. Granting of pensions and other benefits of the Mutual Mutual Social Institute of the Armed Forces:

a) That it is accredited that the petitioner is a mutualist or beneficiary of the corresponding Integrated Mutuality.

(b) The coverage of the period of absence, which is required, where appropriate, by the rule governing the benefit requested, is accredited.

9. Pension and benefits payslips:

(a) that the payroll is signed by those responsible for their training and are proposed for authorization to the competent body.

b) Arithmetic check, which shall be carried out by the accounting of the total of the payroll with which the sum algebraic of the variations included in the payroll of the month in question results from the previous month.

c) Checking that the high payroll responds to agreements, recognizing the right to the pension or benefit, audited in accordance.

Nineteenth. -This Agreement will take effect from the date of its publication in the "Official Gazette of the State", at which time the Agreement of 29 July 1994, the regulator of the exercise of the prior limited audit, in the field of the General Administration of the State and its autonomous bodies.