The Spanish Constitution reserves to the State, in article 149.1.17. ª, the exclusive competence in the field of basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities.
Moreover, the Statute of autonomy of Aragon, approved the organic law 8/1982, of 10 August, and refurbished by the organic law 6/1994 of 24 March, attributed to the autonomous community, in its article 37.1.6, the execution of the laws of the State management of benefits and the Social security system social services : INSERSO.
The Royal Decree 3991/1982, of 29 December, determines the rules and procedure that should be adjusted transfers of functions and services from the State to the autonomous community of Aragon.
In accordance with the provisions of this Royal Decree, which also regulates the functioning of the Joint Commission of transfers provided for in the sixth transitional provision of the Statute of autonomy of Aragon, this Committee adopted, at its meeting of December 11, 1995, the timely agreement, whose practical virtuality requires approval by the Government by Royal Decree.
Virtue, in compliance with the provisions of the sixth transitional provision of the Statute of autonomy of Aragon, a proposal by the Minister for public administrations and prior deliberation of the Council of Ministers at its meeting of January 26, 1996, D I S P O N G O: article 1.
Approves the agreement of the Joint Committee provided in the sixth transitional provision of the Statute of autonomy of Aragon, which materialize the functions and services of Social security which must be subject to transfer to the autonomous community of Aragon, in matters entrusted to the National Institute of social services (INSERSO), adopted by the plenary of the Committee , at its meeting of December 11, 1995 and which is reproduced as an annex to the present Royal Decree.
As a result, functions and services, as well as media personnel and budget appropriations listed in the referred agreement the Commission joint, in the terms specified there are transferred to the autonomous community of Aragon.
The transfers referred to in this Royal Decree have effectiveness from the designated day in the aforementioned agreement Joint Committee, notwithstanding that the National Institute of social services or other competent bodies produced, until the entry into force of this Royal Decree, where appropriate, the administrative acts necessary for the maintenance of the services in the same regime and level of functioning which had at the time of the adoption of the agreement.
Sole final provision.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on January 26, 1996.
JUAN CARLOS R.
The Minister for public administrations, JUAN LERMA BLASCO annex Don Antonio Bueno Rodríguez and don José María Hernández de la Torre y García, Secretaries of the Mixed Commission of planned transfers in the sixth transitional provision of the Statute of autonomy of Aragon, certify: that in the plenary of the Joint Commission, held on December 11, 1995, adopted an agreement on transfer of functions and services of the Social Security (, in matters entrusted to the National Institute of social services (INSERSO), in terms which are detailed below: to) reference to constitutional, statutory and legal standards that will cover transfer.
The Constitution in its article 149.1.17. ª attributes to the State the exclusive competence in the field of basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities.
The Statute of autonomy of Aragon, approved the organic law 8/1882, on 10 August, and refurbished by the organic law 6/1994 of 24 March, establishes in its article 37.1.6 which corresponds to the autonomous community of Aragon, the execution of the laws of the State management of benefits and the Social security system social services : INSERSO.
The Royal Decree-Law 36/1978, of 16 November, on institutional management of Social Security, health and employment creates the National Institute of social services for the management of social assistance and supplementary social services of basic benefits.
On the other hand, the Royal Decree 1856 / 1979, of 30 July, partially amended by the Royal Decree 1433 / 1985, of 1 August, regulates the structure and competencies of the Institute, as managing body of Social Security with a legal personality.
The Royal Decree 791/1988, of July 20, which determines the initial structure of the Ministry of Social Affairs, amended by the Royal Decree 2129 / 1993, of December 3, attached to this Department the entity manager of Social Security National Institute of social services, without prejudice to relations which need to maintain with the Social Security Administration by the linking of this entity to the budgets of the same.
Finally, the sixth transitional provision of the Statute of autonomy of Aragon and the Royal Decree 3991/1982, of 29 December, regulating the form and conditions that should be adjusted transfers of functions and services of the administration of the State to the autonomous community of Aragon.
On the basis of these regulatory provisions should operate the transfer to the autonomous community of Aragon, of the functions and services of the Social Security, in matters entrusted to the National Institute of social services (INSERSO).
(B) functions of Social Security concerning the INSERSO assumed by the autonomous community of Aragon with identification of services that are transferred.
1 are transferred to the autonomous community of Aragon within its territory, under the terms of this agreement and of the royal decrees and other rules that make it effective and be published in the «Official Gazette», the following functions which were carrying out the State and the Social Security Administration: 1. the functions of the centres ((, services and facilities of the National Institute of social services (INSERSO), in the autonomous community of Aragon, without prejudice to the provisions in subparagraph (c)), paragraph i), in relation to certain centers.
2. the functions entrusted by law to the provincial directorates of the expressed entity management in the autonomous community of Aragon, as well as those for the provincial directions of work, Social Security and Social Affairs.
3. the development and implementation of plans of investment in the subject matter of this transfer is carried out in the autonomous community of Aragon within the budgetary limits, in accordance with the rules governing the economic regime of Social Security, in the context of general health care planning of the autonomous region and in accordance with the Basic Law of the State.
4. the establishment, management, updating and cancellation of concerts with entities that provide services in the autonomous community of Aragon, within the budgetary limits, carry the autonomous community in the current concerts between the INSERSO and other entities, from the effective date of the transfer until the end of such concerts.
5. the creation, transformation and enlargement, within the budgetary limits, as well as the classification of the ordinary centers of the INSERSO in the autonomous community of Aragon.
6. the functions that performs the INSERSO through its services Central as relate to the territory of the autonomous community of Aragon in relation to the inspection of services, personnel management, management of the statutory benefits and, where appropriate, ex gratia Social Security, management centres, establishments and services, as well as the transferred functions. These will be developed in accordance with the legislation of the State; in particular, as regards the determination of the beneficiaries, requirements, and intensity of the protective action, economic and financial regime and administrative regime of the Social Security.
2nd for the effectiveness of the related functions are transferred to the autonomous community of Aragon receiving thereof, the following services in its territory insofar as they exercise the functions that are also listed: 1. the centers and facilities of care to senior citizens and disabled persons listed in the annex.
2. the centres of social services and provincial directorates of the INSERSO.
(C) functions which reserves of the Government.
They will remain in the ministries of labour and Social Security and Social Affairs the following functions: to) basic legislation which guarantees the principles of equality and solidarity in particular as regards the minimum objectives of the offer of services.
b) the determination of the scales, for purposes of recognition of invalidity pensions, non-contributory mode, as well as allocations for handicapped son in charge and the situations of dependence and need for third party contest referred to in articles 148 and 186, both of the consolidated text of the General Social Security Act.
(c) the Constitution and continual updating of a database (technical file) all non-contributory pensions on retirement and disability that are in place.
(d) the rules that sort and regulate the economic regime of Social Security, without prejudice to the management by the autonomous community, according to which the effect is established.
(e) the promotion and coordination of the studies, research and experimentation methods and modalities of action, as well as of technical cooperation aimed at improving social welfare system services.
(f) the high inspection and relations with foreign and international organizations interested in the matter to the Government.
(g) the statistical activity, for which the autonomous community shall supply the information required.
(h) the registration of entities and centers dedicated to the provision of social services whose scope extends to more than one autonomous community.
(i) the establishment, financing and management of centres of specialized care, or those who are assigned special objectives of research or experimentation, in accordance with the corresponding planning forecasts, and national scope.
This reserve, which may be a transitional measure relating to certain centres when these perdieren your character's unique or unusual, particularly affects the rehabilitation centres for handicapped physical, attention to physical handicapped severely affected, care to mentally disabled people over 55 years old and plurideficientes, of elderly people affected by senile dementia, Alzheimer's or plurideficiencias. However, you can consider is transfer when the size of the Centre or any other special features of the same made advisable their dependence on the autonomous community according to the principle of effectiveness in the management.
(j) the establishment of general plans of needs, programs and services.
(k) the creation and management of State-level plans.
(l) monitoring and evaluating the performance of system services and social benefits as a whole, and the monitoring of expenditure, as well as the establishment of instruments and mechanisms for this purpose.
(m) experimental programmes whose scope extends to more than one autonomous community.
(D) functions that must attend to the administration of the State and of the autonomous community. Forms of cooperation.
There will be coordination between the State administration and the autonomous community of Aragon, in accordance with the mechanisms which in each case are designated, the following functions: to) State and regional excision of centres, where appropriate, through agreement between the administrations.
(b) the exchange of information in the field of social services of Social Security, as well as the advice and cooperation on a permanent basis.
Both administrations shall be mutually information about the exercise of their respective functions for statistical purposes, following a methodology that is standardized, so is guaranteed statistical coordination and integration.
(c) the coordination between the General Council of the National Institute of social services and the corresponding autonomous community.
(d) any other activities that may contribute to the better relationship and coordination between the State administration and the autonomous community of Aragon.
(E) budgetary regime.
(a) it shall be for the autonomous community of Aragon annually prepare the preliminary draft of the General budget of expenditure of the Social Security, referred to an annual period and the territory of the community by the INSERSO transferred services management.
This draft shall be sent to the General Secretariat for Social Security for his transfer to the General direction of the entity manager, in order to prepare the consolidated budget of State level in the area of their competence.
During the process of preparation of the consolidated budget will be hearing the autonomous community.
The Ministry of labour and Social Security will adapt the needs set forth in the preliminary draft budget to the resources of the Social security system, subsequently presenting to the Cortes Generales for adoption. The distribution of total allocations from the INSERSO shall be carried out according to models that simultaneously meet criteria of fairness, which ensure the principle of territorial solidarity and the coverage of financial services whose management has been transferred.
b) once the distribution of the budget of expenditure of the INSERSO, depending on the model referred to in paragraph h) of this section, shall be encrypted, joint and systematic expression of obligations that, at most, can recognize the autonomous community.
(c) appropriations which are authorised in the statement of expenditure of the INSERSO in favor of the autonomous community of Aragon will have limitation and, therefore, the commitments acquired by exceeding the amount amount must be financed with resources provided by the own autonomous community, except that they may arise from the application of provisions laid down in General for the entire Spanish territory.
(d) the payment obligations of the autonomous community of Aragon, by the management of the transferred services, will be enforceable only when they result from the execution of their budgets or final judicial judgment.
(e) the structure of the budget of expenditure of the services transferred from the INSERSO to the autonomous community of Aragon will adapt to the rules established by the Ministry of labour and Social Security.
(f) as documentation annexed to the preliminary draft budget of expenditure, the autonomous community of Aragon will accompany the following documents: 1 explanatory memorandum.
2. Economic and financial report.
(g) it shall be for the higher bodies of the autonomous community of Aragon the examination and submission of the preliminary draft of the budget of expenditure of the services transferred from the INSERSO.
The mentioned higher bodies of the autonomous community of Aragon approved bases of management that may not alter in any case, except in the organic aspect the principles contained in the consolidated text of the General Law on budget, approved by Royal Legislative Decree 1091 / 1988, of 23 September. In any case they will have competence to carry out the necessary budgetary changes during the course of the exercise.
(h) once approved by the Cortes Generales, the consolidated budget of the Social Security, the Ministry of labour and Social Security carry out the distribution of the budget of the INSERSO in favor of the autonomous community of Aragon, according to the following specifications: 1. for the years from 1995 to 1998 will be adopted as the basis for distribution the cash cost of the services including those who do not mean monetary movement, according to the liquidation of the 1994 budget, and while not effecting the payment forecasts available.
2. the payment of commitments of expenditure, which is earlier than the time in which the effectiveness of the transfer, be borne the INSERSO budgetary resources.
(i) the autonomous community of Aragon will facilitate the administration of the State budgetary and statistical information about the performance of the transferred duties, following the existing methodology or that, in its case, the administration of the State set, so is guaranteed its coordination and integration with the rest of State-level statistical information. For its part, the Government will provide to the autonomous community of Aragon information produced on the same matters.
The autonomous community of Aragon, is also subject to public accounting regime, must be accountable for its operations to the Court of Auditors.
(j) in order to produce the accounts and balances of Social Security present in the Cortes Generales, in accordance with article 148 of the General budget law, by the autonomous community will send, for its consolidation and integration in the total system, accounting documentation relating to the end of the year in the form and terms established by the Ministry of labour and Social Security in General for the whole Spanish.
(k) the empowerment of funds shall be made by the General Treasury of the Social Security on the proposal of the National Institute of social services, in accordance with the procedure laid down in the resolution of December 27, 1987.
(F) goods, rights and obligations of the State which are transferred.
1. are transferred to the autonomous community of Aragon the assets, rights and obligations of the National Institute of social services which correspond to the transferred services.
2. in the period of one month from the effectiveness of this agreement by the Government, the corresponding proceedings of delivery and receipt of furniture, equipment and materials inventory will be signed.
3 are assigned to the autonomous community of Aragon the assets affected to the National Institute of social services that are included in the detailed inventory of the attached list number 1.
This assignment is understood without prejudice to the unity of the heritage of Social Security, other than status and affection which shall belong to the General Treasury of the Social Security for the fulfilment of its purposes.
The new assignments of goods to the autonomous community of Aragon, as well as the change of destination of the already attached and the retrocession of them, where appropriate, Social Security shall comply with the procedure which by Convention is established, in accordance with the Basic Law of the State.
While not formalize the abovementioned Convention, the new assignments of properties, authorized by the Council of Ministers, will not require formalization by specific agreement of the plenary of the Joint Commission. It is sufficient, for its effectiveness, the signing by the authorized representatives of the General Treasury of the Social Security and the autonomous region of the corresponding act of making available, of which a copy, shall be sent for their perseverance, custody and file, to the Secretariat of the Joint Committee.
(G) staff assigned to services and institutions that are transferred.
1. the staff assigned to the transferred services and which is referred to nominally in the attached list number 2, will be dependent on the autonomous community of Aragon, legally provided by the Statute of autonomy and the other applicable regulations in each case, and in the same circumstances that are specified in the attached list and with your personal registration number.
2. by the General Secretary of the National Institute of social services will be notified to applicants within a month transfer and its new administrative situation, as soon the Government approve this agreement by Royal Decree. A certified copy of all the records this pierced staff, as well as certificates of assets, referred to the amounts accrued during 1995, leading to the timely modification of organic and budgetary templates depending on the performed transfers shall also be sent to the competent bodies of the autonomous community of Aragon.
Also, certification of assets earned the month immediately prior to the effectiveness of the transfer shall be sent to the competent bodies of the autonomous community of Aragon.
In any case, the INSERSO will be responsible for the payment of arrears and any compensation entitled staff transferred by reason of their status prior to the transfer.
(H) jobs vacancies which are transferred.
The jobs vacant endowed with budgetary resources that are transferred are which is detailed in the attached list number 3, indicating the body or scale to which they are attached or assimilated, professional category, organic level and corresponding budgetary allocation.
I) valuation of the financial burdens of the transferred services.
Budget appropriations for the year 1995 which are transferred to the autonomous community of Aragon are those which are determined in the attached list number 4.
(J) documentation and records of the services that are transferred.
The delivery of the documentation and records of the services transferred will be held within a month since the publication of the Royal Decree by which this agreement is adopted. The resolution of the files that are in the pipeline will take place in accordance with article 8 of the Royal Decree 3991/1982, of 29 December.
(K) effective date of transfer.
The transfer of functions and services, subject to this agreement, will be effective as of July 1, 1996.
And for the record, issued the present certification in Madrid on December 11, 1995.-Los Secretaries of the Commission mixed-Antonio Bueno Rodríguez and José María Hernández de la Torre and Garcia.