The changes in the organization of the Ministries by the recent Royal Decrees to restructure them, as well as the necessary modifications introduced through rules after their regulation In the first place, they advise the revision of the basic organized structure of the National Social Security Institute, the managing body of Social Security, and the General Treasury of Social Security, a common service of the system, in compliance with the established in the final provision of Royal Decree 839/1996 of 10 May 1996.

In this review, the same criteria for streamlining and simplifying structures that have been present in the reorganizations of the ministerial departments have been taken into account.

In its virtue, at the initiative of the Minister of Labour and Social Affairs, on the proposal of the Minister of Public Administration and after deliberation of the Council of Ministers at its meeting on 13 December 1996,

DISPONGO:

CHAPTER I

National Social Security Institute

Article 1. Nature and attributions.

1. The National Social Security Institute, the managing body of Social Security, with legal personality, is entrusted with the management and administration of the economic benefits of the Social Security System, with the exception of those whose management is attributed to the National Institute of Social Services or competent services of the Autonomous Communities.

Specifically, the National Institute of Social Security is responsible for the following matters:

(a) The recognition and control of the right to the economic benefits of the Social Security System and in its contributory modality, without prejudice to the powers conferred on the National Institute of Employment in the field of benefits of protection for unemployment and the Social Institute of the Navy in relation to the Special Regime of the Sea Workers.

b) The recognition and control of the right to the economic allowance per child in charge, in its non-contributory modality.

2. The National Institute for Social Security is also responsible for the following matters:

a) Recognition of the right to healthcare.

b) In the international arena, participation, in the measure and with the scope assigned to it by the Ministry of Labor and Social Affairs, in the negotiation and implementation of the International Social Security Conventions, as well as Membership of international associations and organizations.

c) The management of the Special Mutual Fund of Social Security Officials.

d) The management and operation of the Public Social Benefits Register.

e) Managing the economic and social benefits of the toxic syndrome.

f) The ordinary management of their human resources, to the extent and with the extent to which the Ministry of Labour and Social Affairs determines.

g) The ordinary management of the material resources assigned to your mission.

h) The performance of any other functions are legally or legally attributed to you, or entrusted to you by the Ministry of Labour and Social Affairs.

3. The exercise of the powers conferred on the National Social Security Institute is, in any case, without prejudice to the powers conferred on the organs and units of the Ministry of Social Security by Royal Decree 1888/1996 of 2 August 1996. Labour and Social Affairs.

4. The National Social Security Institute is attached to the Ministry of Labour and Social Affairs, through the Secretariat of State for Social Security.

Article 2. Management bodies.

The National Social Security Institute is structured in the following bodies:

1. Participation in management control and surveillance:

a) General Council.

b) Executive Committee.

2. From Address:

a) General Address.

b) General Secretariat and Subdirectorates General.

Article 3. The General Council.

1. The General Council shall be composed of the following members:

a) Thirteen representatives of the most representative trade unions, in proportion to their representativeness.

b) Thirteen representatives of the most representative business organizations.

c) Thirteen representatives of the General Administration of the State.

His President will be the Secretary of State for Social Security, who will be one of the representatives of the General Administration of the State, and will appoint a Vice President among those members. He will act as Secretary, with voice but no vote, the Secretary-General of the National Social Security Institute.

2. They are General Council attributions:

a) Develop the National Institute of Social Security's criteria for action.

b) Develop the preliminary draft budget in accordance with the provisions of the General Budget Law.

c) Approve the annual memory for elevation to the Government.

3. The General Council will operate in plenary. It shall meet on a quarterly basis, as well as when convened by its President, on its own initiative or at the request of 20 per 100 of its members.

Article 4. The Executive Committee.

1. The Executive Committee will be composed of nine Vocals: three representing the trade unions, three representing the business organisations and three representing the General Administration of the State, elected representatives. trade unions and employers for and between the respective General Council Vocals. Its President shall be the Director-General of the Institute, who shall be one of the representatives of the General Administration of the State.

He will act as Secretary, with voice but no vote, the Secretary General.

2. It is for the Executive Committee to monitor and monitor the implementation of the General Council agreements, as well as to propose how many measures it deems necessary for the best fulfilment of the aims of the Institute.

3. The Executive Committee shall meet each month, as well as when the President calls it, on its own initiative or one-third of its members.

Article 5. The Directorate General.

1. The Directorate-General of the Institute shall assume the responsibility for planning, directing, controlling and inspecting the activities of the Institute for the purpose of fulfilling its objectives.

2. The Director-General of the Institute, who will assume the legal representation of the Institute, will be freely appointed and separated from his position by Royal Decree, agreed in the Council of Ministers, on the proposal of the Minister of Labour and Social Affairs.

3. The Directorate-General of the Institute shall be organically attached to the Central Intervention, without prejudice to the functional dependence of the Institute on the General Intervention of Social Security and the General Intervention of the Administration of the Status.

4. The following units are dependent on the General Directorate, with an organic level of Subdirection General:

a) General Secretariat.

b) Subdirectorate-General for Legal Management and Assistance.

c) General Interior Regime Subdirection.

(d) Deputy Director-General for Economic and Budgetary Management.

e) General Administration of Service Management.

f) Subdirectorate General of Economic Studies.

g) General Office of Economic and Social Benefits of Toxic Syndrome.

5. In the event of vacancy, absence or illness, the Director-General shall be temporarily replaced by the Secretary-General, and failing that by the Deputy Directors-General in the order listed in the preceding paragraph.

Article 6. The General Secretariat.

It's up to the General Secretariat:

1. The study and proposal of the strategic planning of the entity and the organizational elements of its services, in coordination with the Subdirectorates General.

2. The planning, management, execution and evaluation of the control and inspection activities of the services, as well as the management of the quality of the services.

3. The programming, management and control of the Network of Social Security Information and Information Centres (CAISS) and facilities.

4. The planning, development and evaluation of training policies.

5. Communication and external relations, as well as information and technical assistance to the members of the General Council.

6. The direction and control of the Documentary Fund (FONDOSS).

7. The coordination of the Subdirectorates General.

Article 7. Deputy General Management and Legal Assistance.

This General Subdirection has the following competencies attributed:

1. The direction and coordination of the advisory services in law, representation and defense of the entity, both on the judicial and administrative lines.

2. The issuance of legal reports on national and international standards and projects with an impact on the entity.

3. The collaboration with the Department in the elaboration of the provisions of the Social Security, in the formulation of the interpretative criteria and the registration and control of the legality of the provisions of internal character.

4. The development of regulatory projects in the field of competence of the Directorate-General.

5. Technical support and collaboration with the Department on international agreements, agreements, treaties and organizations.

Article 8. Sub-Directorate General of the Internal Regime.

Lies with this General Subdirection:

1. The human resources planning of the entity.

2. The implementation of the staff policy of the institution and the ordinary management of the institution, as well as, in general, all the functions inherent in the administration of the staff responsible for the institution, and the relationship with the representative bodies union.

3. The development of the material resource needs plans of the central services.

4. The maintenance of the facilities of the central services, its general services and the management of its intrend and operation, including the management of the registry and general file, as well as the graphic design of the modeling and the management of the printing.

5. The development and maintenance of the centralised inventory of goods, furniture and buildings.

Article 9. Sub-Directorate-General for Economic and Budgetary Management.

This is the responsibility of this General Subdirection:

1. Formulate, in terms of objectives and expenditure programmes, the institution's action plans.

2. Prepare and draw up the preliminary draft budget, process the dossiers for budgetary changes and monitor the implementation of their management centres.

3. Monitoring, analysis and evaluation of programmes, objectives, budgetary indicators and budgetary appropriations.

4. Management and processing of administrative procurement, investments, works and financial management.

5. Submission of documentation to the Court of Auditors and other higher economic and budgetary control bodies.

Article 10. General Management of the Prstations.

Lies with this General Subdirection:

1. The administrative management of the management of economic benefits and the recognition of healthcare.

2. The design, implementation and monitoring of the work processes applied to the recognition, suspension and extinction of the right to the benefits of the Social Security system, as well as the monitoring of its management.

3. The administration and control of the right to economic benefits of the Social Security system.

4. The management and operation of the Public Social Service Registry.

5. The management, control and development of the IT organization.

6. Management and administration of the benefits of the Special Mutual Fund of Social Security Officials.

Article 11. Deputy Director General for Economic Studies.

Lies with this General Subdirection:

1. The performance of studies, analyses and economic-financial, statistical and actuarial reports.

2. The monitoring and analysis of the assessment of the economic performance managed by the institution.

3. The elaboration of memories on the economic impact of normative projects.

4. In general, the economic and financial advice and the proposal for alternatives that improve the efficiency and efficiency of the expenditure.

Article 12. Office of Management of Economic and Social Benefits of Toxic Syndrome.

Lies with this General Subdirection:

1. Management and administration of the economic and social benefits of the toxic syndrome.

2. Administrative management, design, implementation and monitoring of procedures to recognise, suspend and terminate the right to benefits referred to in the preceding paragraph.

Article 13. Provision of posts.

The Secretary-General and the Deputy Directors-General of the National Social Security Institute shall be appointed and separated by the free designation procedure by the Secretary of State for Social Security.

Article 14. Provincial Executive Committees.

1. The Provincial Executive Committees of the National Social Security Institute will be composed of nine Vocals: three representing the most representative trade unions, three of the most representative business organizations, and three representatives of the General Administration of the State. The President shall be the Provincial Director of the National Social Security Institute, being a representative of the General Administration of the State. He shall act as Secretary, with a voice but without a vote, an official of the Provincial Directorate of the National Social Security Institute, appointed by the Director-General of the National Institute of Social Security, on a proposal from the Provincial Director of the National Institute of Social Security. Social Security.

2. It is for the Provincial Executive Committees of the National Social Security Institute to supervise and monitor the implementation, at the provincial level, of the General Council agreements, as well as to propose, where appropriate, how many measures, plans and programmes are necessary for the improvement of the programmes in their territorial scope.

3. The Provincial Executive Committee will meet monthly.

Article 15. Provincial Addresses.

The management of the economic benefits of the Social Security system attributed to the National Institute of Social Security will be carried out, in the field, territorial, through the corresponding Provincial and their Social Security Care and Information Centers (CAISS) dependent on them.

CHAPTER II

General Treasury of Social Security

Article 16. Amendment of Articles 5 and 6 of Royal Decree 1314/1994 of 20 June.

Articles 5 and 6 of Royal Decree 1314/1984 of 20 June, which regulates the structure and powers of the General Treasury of Social Security, are worded in the following terms:

" Article 5. General Subdirectorates.

The central services of the General Treasury are structured in the following Subdirectorates General:

(a) Subdirectorate-General for Economic Resources, which has responsibilities for the registration of companies and affiliation, high, low and variations in worker data, control of the contribution, control and monitoring of the administrative claims of debts and awards, as well as the other acts of management collecting the economic resources of the Social Security System on a voluntary basis not attributed to another Subdirectorate General.

(b) General Subdirectorate for Payments and Collaborating Entities, which shall be assigned the functions which, in the case of charges, payments and other acts of financial management of the Social Security System, determine the General Computer In accordance with Article 10 (g) of the General Regulation on the Financial Management of Social Security, approved by Royal Decree 1391/1995 of 4 August 1995, and other implementing provisions, as well as the authorization to open and cancel accounts in the financial institutions. It shall also take over the management of reinsurance and the relationship with work accident partners.

(c) Subdirectorate-General for Technical Affairs, which is assigned tasks in the field of prior complaints and administrative resources; processing and resolution of consultations; issuing of reports and opinions; collaboration in the field of technical development of regulatory projects; administrative management; drafting, processing and formalisation of conventions and concerts; management of the collection of securities on a voluntary basis, including the return of guarantees; pharmaceutical industry, the penalties provided for in the conventions and the contributions from previous aid to ordinary retirements, as well as the monitoring and monitoring of the collection of cost capital. It will also take over the management of the voluntary pension schemes that remain in the field of social security.

(d) General Subdirectorate for the Management of Heritage, Investments and Works, which corresponds to the management of the real estate assets and the transferable securities of the Social Security, and how many other functions are derived from the powers which in this matter correspond to the General Treasury, without prejudice to the powers conferred on other Entities and Administrations by the regulatory norms of that patrimony. It shall also assume the functions that correspond to the Technical Office for Project Supervision.

e) General Management and Budgetary Analysis Subdirectorate, to which the formulation and monitoring, in terms of objectives and expenditure programmes, of the plans of action of the General Treasury; (a) the Commission's proposal for a Council Regulation (EU) amending Regulation (EU) No 6146/ amending Regulation (EU) No 1462012 on the common organization of the market in certain agricultural products (presented by the Commission) economic and financial studies and statistics, as well as the preparation and proposals for alternatives to improve the efficiency of expenditure and the rationalisation of economic management.

f) Deputy General Manager of Executive Collection, which has assigned the functions corresponding to the monitoring of the collection management carried out by the Units of Executive Collection and by the Units of Via Executive of the Provincial Directorates, as well as any other that the rules of collection attribute to the Central Services of the General Treasury in the executive collection procedure.

(g) General Subdirectorate for Special Procedures, which have the functions assigned to deferrals and debt fractionations; procedures to be carried out; monitoring of the situation of the debts owed determine by the General Directorate of the Treasury; the processing of proposals on the cancellation of surcharges; the development of programs to combat fraud that correspond to the General Treasury; coordination and collaboration of the General Treasury with the Labour and Social Security Inspectorate and, in particular, with their units specialized for inspection in the area of Social Security.

Article 6. Promotion of posts.

The Secretary-General and the Deputy Directors-General of the General Treasury of Social Security shall be appointed and separated by the free designation procedure, by the Secretary of State for Social Security. "

Additional disposition first. Erasure of organ.

1. The following bodies are deleted at the National Social Security Institute:

a) With an organic level of Directorate General: Technical Management.

b) With an organic level of General Subdirection:

1. First Management of the Special Mutual Fund of Social Security Officials.

2. General Technical Services Subdirection.

3. General Management Subdirection.

4. Deputy General Administration and Budgetary Analysis Subdirection.

2. It is deleted from the General Treasury of Social Security: Subdirectorate-General for Planning and Coordination of Recaudatory Management.

Additional provision second. Regime of the collegiate bodies.

The collegiate bodies provided for in this Royal Decree are governed by their specific provisions and, as far as is not foreseen, by the rules contained in Chapter II of Title I of the Law of the Legal Regime of Administrations. Public and the Common Administrative Procedure.

Single transient arrangement. Units and jobs with lower organic level to General Subdirection.

The units and jobs with lower organic level to the general sub-directorate will continue to remain and will be paid from the same budget appropriations until the employment relationship is approved. adapted to the organic structure of this Royal Decree. Such adaptation, in no case, may lead to increased public expenditure.

The units and posts in the organs deleted by this Royal Decree shall be provisionally attached, by means of a Resolution of the Director General of the National Institute of Social Security and of the Director General of the Social Security Treasury, respectively, until the new employment relationship, to the bodies regulated in the present Royal Decree, according to the attributions assigned to them.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank shall be repealed as opposed to the provisions of this Royal Decree, and in particular Royal Decree 1854/1979 of 30 July 1979 and its subsequent amendments, as well as the final provision Second, Royal Decree 480/1993, of April 2, which integrates into the General Social Security Regime the Special Regime of Officials of Local Administration.

Final disposition first. Powers of development.

The Minister of Labour and Social Affairs is hereby authorized to take the necessary steps to implement and implement this Royal Decree, subject to appropriate legal procedures.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Final disposition third. Entry into force.

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

Given in Madrid on December 13, 1996.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY