The Spanish Constitution reserves the State, in Article 149.1.17, the exclusive competence in matters of basic legislation and the economic regime of Social Security, without prejudice to the execution of its services by the Autonomous Communities.

On the other hand, the Statute of Autonomy of Castilla-La Mancha, approved by Organic Law 9/1982 of 10 August, and reformed by Organic Law 7/1994, of 24 March, attributes to the Board of Communities of Castilla-La Mancha, in its Article 33.5, in terms of the laws and regulations governing the development of its legislation, the executive function of the management of the social services and services of the security system Social, INSERSO.

Royal Decree 1064/1983, of 13 April, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of Castilla-La Mancha.

In accordance with the provisions of the Royal Decree cited above, which also regulates the operation of the Joint Transfer Commission provided for in the fifth transitional provision of the Statute of Autonomy in Castilla-La Mancha, At its meeting on 10 May 1995, the Commission adopted the appropriate agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

By virtue of the provisions of the fifth transitional provision of the Statute of Autonomy of Castilla-La Mancha, on the proposal of the Minister for Public Administrations, and after deliberation by the Council of Ministers at their meeting on 2 June 1995,

D I S P O N G O:

Article 1.

The agreement of the Joint Committee provided for in the fifth transitional provision of the Statute of Autonomy in Castilla-La Mancha is approved, in which the functions and services of the Social Security which must be the subject of transfer to the Autonomous Community of Castilla-La Mancha in the areas entrusted to the National Institute for Social Services (INSERSO), adopted by the plenary session of that Commission, at its meeting on 10 May 1995, and which is to be transcribed as an annex to the Royal Decree.

Article 2.

Consequently, the functions and services, as well as the personal resources and the budgetary appropriations relating to the Joint Commission Agreement, are transferred to the Autonomous Community of Castilla-La Mancha, in the terms specified there.

Article 3.

The transfers referred to in this Royal Decree shall be effective from the day indicated in the Agreement of the said Joint Committee, without prejudice to the National Institute of Social Services or other competent bodies produce, until the entry into force of this Royal Decree, where appropriate, the administrative acts necessary for the maintenance of the services in the same system and level of operation as they were at the time of the adoption of the Agreement.

Single end disposition.

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 2 June 1995.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Dona Marianela Berriatua Fernández de Larrea and don Francisco Pardo Piqueras, Secretaries of the Joint Commission of Transfers provided for in the transitional provision of the Statute of Autonomy in Castilla-La Mancha,

CERTIFY:

At the plenary session of the Joint Committee, held on 10 May 1995, an agreement was adopted on the transfer of the functions and services of social security, in the areas entrusted to the National Institute of Services. Social (INSERSO), in the following terms:

A) Reference to constitutional, statutory and legal norms in which the transfer is covered.

The Constitution, in its article 149.1.17, gives the State exclusive competence in the field of basic legislation and the economic system of social security, without prejudice to the execution of its services by the Communities. Autonomous.

The Statute of Autonomy of Castilla-La Mancha, approved by Organic Law 9/1982 of 10 August, and reformed by Organic Law 7/1994, of 24 March, establishes in its article 33.5 that it corresponds to the Board of Communities of Castilla-La Mancha, in terms of laws and regulations governing the development of its legislation, the executive function of the management of social services and services of the social security system: INSERT.

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 care and social services supplementary to the basic benefits.

On the other hand, Royal Decree 1856/1979 of 30 July, partially amended by Royal Decree 1433/1985 of 1 August, regulates the structure and powers of the Institute, as an Entity of Social Security legal personality.

Royal Decree 791/1988, of 20 July, determining the initial structure of the Ministry of Social Affairs, partially modified by Royal Decree 2129/1993 of 3 December, attached to this Department the Entity Gestora de la Seguridad Social, Instituto Nacional de Servicios Sociales, without prejudice to the relationships that must be maintained with the Administration of Social Security by linking this Entity to its budgets.

Finally, the fifth transitional provision of the Statute of Autonomy of Castilla-La Mancha and Royal Decree 1064/1983 of 13 April 1983 regulate the manner and conditions to which the transfers of functions and services of the State Administration to the Autonomous Community of Castilla-La Mancha.

On the basis of these provisions, the transfer to the Autonomous Community of Castilla-La Mancha, of the functions and services of the Social Security, in the matters entrusted to the National Institute of Social Services (INSERT).

B) Social Security Functions referred to the INSERT that the Autonomous Community of Castilla-La Mancha assumes with the identification of the services that are transferred.

1. They are transferred to the Autonomous Community of Castilla-La Mancha within its territorial scope, in the terms of this Agreement and of the Royal Decrees and other rules that make it effective and published in the "Official Gazette of the State". The following functions were performed by the State and the Social Security Administration:

(a) The functions corresponding to the centres, services and establishments of the National Institute of Social Services (INSERSO) in the Autonomous Community of Castilla-La Mancha, without prejudice to the provisions of point C, (i) in relation to certain centres.

(b) The functions entrusted by the legislation in force to the Provincial Directorates of the expressed Gestora Entity in the Autonomous Community of Castilla-La Mancha, as well as those corresponding to the Provincial Directorates of Work, Social Security and Social Affairs.

(c) the drawing up and implementation of the investment plans in the subject matter of this transfer which are to be carried out in the Autonomous Community of Castilla-La Mancha, within the limits of the budget, in accordance with the rules In the context of the general welfare planning of the Autonomous Community and in accordance with the basic legislation of the State, the social security system is to be regulated.

d) The establishment, management, updating and termination of concerts with entities providing services in the Autonomous Community of Castilla-La Mancha, within the budgetary limits, subrogating the Autonomous Community at the concerts in force between the INSERSO and other entities, from the date of effectiveness of the transfer to the term of those concerts.

e) The creation, transformation and enlargement, within the budgetary limits, as well as the classification of the ordinary centres of the INSERSO in the Autonomous Community of Castilla-La Mancha.

(f) The functions performed by the INSERT through its central services, as regards the territory of the Autonomous Community of Castilla-La Mancha, in relation to the inspection of services, the management of personnel, the management of compulsory and, where appropriate, social security benefits, the management of centres, establishments and services, as well as of the functions carried over. These shall be developed in accordance with the law of the State, in particular with regard to the determination of the beneficiaries, requirements and intensity of the protective action, the economic and financial regime and the economic and administrative regime of the Social Security.

2. For the effectiveness of the related functions they are transferred to the Autonomous Community of Castilla-La Mancha receiving them, the following services of their territorial scope as they exercise the functions that, likewise, are detailed:

(a) The centres and establishments of care for the elderly and the disabled detailed in the Annex.

b) The social service centres and Provincial Directorates of the INSERT.

c) The centre of attention to the psychic handicapped of Ciudad Real and the residence of the elderly of Albacete will be managed by the Autonomous Community of Castilla-La Mancha, once they are equipped with the material furniture by the INSERT.

The financing of its implementation, during the transitional period 1996-1998, will be carried out jointly by the Autonomous Community of Castilla-La Mancha and the INSERSO. For these purposes, the annual amounts specified in the Annex to the Transfer Agreement and the Convention referred to in the following paragraph shall be transferred to the Autonomous Community.

The management system for both centres for the period 1996-1998 will be determined by the agreement which will be signed to this end, before 1 October of the current year, between the two administrations.

After the completion of the operation of the aforementioned centres and in any case in 1999, the actual cost of the transfer of the amount corresponding to the total cost of the project will be incorporated into the current assessment. operation of the two centres, by means of the appropriate transfer agreement.

C) Functions that the State Administration reserves.

The following roles will remain in the Ministries of Labour and Social Security and Social Affairs:

(a) Basic legislation that guarantees the principles of equality and solidarity in a special way as regards the minimum objectives of the offer of services.

b) The determination of the scales, for the purposes of recognition of invalidity pensions, in their non-contributory modality, as well as of the allowances for disabled children in charge and situations of dependency and necessity of the third-party contest referred to in Articles 148 and 186, both of the recast text of the General Law on Social Security.

(c) The permanent establishment and updating of a database (technical file) of all non-contributory retirement and invalidity pensions that are in force.

(d) The regulations that order and regulate the economic system of social security, without prejudice to its management by the Autonomous Community, in accordance with what is established.

e) The promotion and coordination of studies, research and experimentation in methods and modalities of action, as well as technical cooperation aimed at improving the social services of the security system Social.

f) The high inspection and relations with foreign and international organizations interested in the matter that correspond to the Government.

g) The statistical activity, for which the Autonomous Community shall provide the information required.

h) The registration of entities and centers dedicated to the provision of social services whose scope of action extends to more than one Autonomous Community.

i) The establishment, financing and management of specialised care centres, or of those to whom special research or experimentation objectives are assigned, in accordance with the planning forecasts and the scope of national action.

This reserve, which may be of a transitional nature in relation to certain centres where they lose their character as unique or singular, affects in particular the centres of recovery of physically handicapped persons, severely affected physically disabled, with care for psychics over fifty-five years old and plurid-efficient, elderly people affected by senile dementia, Alzheimer's or with pluridefficiencies. However, the possibility of transfer may be considered where the size of the centre or any other special characteristics of the centre makes it advisable to be dependent on the Autonomous Community in accordance with the principle of efficiency in management.

j) The establishment of general plans for needs, programs and services.

k) The creation and management of state-wide plans.

l) The monitoring and evaluation of the functioning of the social services and services system as a whole, and the monitoring of expenditure, as well as the establishment of instruments and mechanisms for this.

m) Experimental programmes whose scope of action is extended to more than one Autonomous Community.

D) Functions in which the Administration of the State and the Autonomous Community are to participate. Forms of cooperation.

They will be developed in coordination between the State Administration and the Autonomous Community of Castilla-La Mancha, in accordance with the mechanisms that in each case the following functions are indicated:

(a) The abolition of centres, if any, by agreement between the State and the Autonomous Government.

(b) The exchange of information on social security services, as well as advice and cooperation on a permanent basis.

Both administrations will provide each other with information on the exercise of their respective functions, for statistical purposes, following a methodology that is standardised, in such a way as to ensure their coordination and statistics integration.

c) Coordination between the General Council of the National Institute of Social Services and the one that corresponds to the Autonomous Community.

(d) Any other which may contribute to the best relationship and coordination between the State Administration and the Community of Castilla-La Mancha.

E) Budget regime.

(a) Correspond to the Autonomous Community of Castilla-La Mancha annually to draw up the preliminary draft of the general budget for social security expenditure, covering an annual period and the territorial scope of the Community by the management of the services transferred from the INSERT.

This preliminary draft will be sent to the General Secretariat for Social Security for transfer to the General Directorate of the Gestora Entity, in order to prepare the consolidated budget of the State in the area of its competence.

During the process of drawing up the consolidated budget, the Autonomous Community will be heard.

The Ministry of Labor and Social Security will adapt the needs outlined in the preliminary draft budget to the available resources of the Social Security system, later presenting it to the General Cortes for subject to their approval. The distribution of the total allocations of the INSERT will be carried out according to models that meet simultaneously with criteria of equity, that guarantee the principle of interterritorial solidarity and the financial coverage of the services whose management is has transferred.

(b) After the distribution of the expenditure budget of the INSERT, according to the model set out in paragraph (h) of this paragraph, it shall constitute the encrypted, joint and systematic expression of the obligations which, at most, can recognize the Autonomous Community.

(c) The appropriations which are authorised in the state of expenditure of the ESPSO in favour of the Autonomous Community of Castilla-La Mancha shall be limited and, therefore, the commitments of expenditure to be acquired in excess of their the amount must be financed from resources provided by the Autonomous Community itself, unless it comes from the application of general provisions for the entire Spanish territory.

(d) The obligations of the payment of the Autonomous Community of Castilla-La Mancha, for the management of the transferred services, will only be required when they result from the execution of their budgets or from a relative firm judicial judgment. to events occurring after the date of effectiveness of the transfer.

e) The structure of the expenditure budget of the services transferred from the INSERSO to the Autonomous Community of Castilla-La Mancha will be adapted to the rules established by the Ministry of Labour and Social Security.

(f) As documentation annexed to the preliminary draft expenditure budget, the Autonomous Community of Castilla-La Mancha shall accompany the following documents:

1. "Explanatory Memory".

2. Economic and financial report.

(g) Corresponding to the higher bodies of the Autonomous Community of Castilla-La Mancha, the examination and submission of the preliminary draft budget for the expenditure of the services transferred from the INSERT.

The above bodies of the Autonomous Community of Castilla-La Mancha will approve a management basis which will in no way alter the principles contained in the recast text of the Treaty, except in the organic aspect. General Budget Law, adopted by Royal Legislative Decree 1091/1988 of 23 September. In any event, they shall have the power to make the necessary budgetary changes during the course of the financial year.

once the consolidated budget of Social Security has been approved by the General Cortes, the Ministry of Labor and Social Security will carry out the distribution of the budget of the INSERT in favor of the Autonomous Community of Castilla-La Mancha, according to the following specifications:

1. For the financial years 1995 to 1998, the effective cost of services, including those which do not mean monetary movement, shall be adopted as a basis for the settlement of the 1994 budget, and as long as it is not available settlement forecasts.

2. The payment of the expenditure commitments, the origin of which is prior to the time the transfer is effective, will be assumed in the budget by the INSERT.

(i) The Autonomous Community of Castilla-La Mancha shall provide the State Administration with statistical and budgetary information on the exercise of the functions transferred, in accordance with the existing methodology or the one which, in its The State Administration will establish, in such a way as to ensure its coordination and integration with the rest of the statistical information at the State level. For its part, the State Administration shall provide the Autonomous Community of Castilla-La Mancha with the information drawn up on the same subjects.

The Autonomous Community of Castilla-La Mancha is also subject to the Public Accounting System, and must be accountable to the Court of Auditors.

(j) In order to be able to draw up the Social Security accounts and balances to be presented in the General Cortes, in accordance with Article 148 of the General Budget Law, the Autonomous Community shall, for its consolidation and integration into those of the total system, the accounting documentation relating to the closure of the financial year in the form and time limits laid down by the Ministry of Labour and Social Security in general for the entire Spanish territory.

k) The provision of funds shall be made by the General Treasury of Social Security on a proposal from the National Institute of Social Services, in accordance with the procedure laid down in the Resolution of 27 December 1987.

F) Goods, rights and obligations of the State that are transferred.

1. The assets, rights and obligations of the National Institute of Social Services that correspond to the services transferred are transferred to the Autonomous Community of Castilla-La Mancha.

2. Within three months of the effectiveness of this Agreement by the Government, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material will be signed.

3. The assets assigned to the National Institute of Social Services are assigned to the Autonomous Community of Castilla-La Mancha, which are included in the detailed inventory in the attached ratio number 3.

This membership is without prejudice to the unity of the social security patrimony, other than that of the State and has affected the fulfillment of its specific purposes, the title of which corresponds to the General Treasury of the Social Security.

The new subscriptions of goods to the Autonomous Community of Castilla-La Mancha, as well as the change of destination of the already attached and the retrocession of the same, if any, to the Social Security will conform to the procedure that the convention is established, in accordance with the basic legislation of the State.

As long as the agreement is not formalized, the new real estate, authorized by the Council of Ministers, will not require formalization by specific agreement of the Joint Committee. It shall be sufficient, for its effectiveness, to be signed by the authorised representatives of the General Treasury of Social Security and the Autonomous Community, of the corresponding act of making available, of which a copy shall be sent, for constancy, custody and file, to the Secretariat of the Joint Commission.

G) Staff assigned to the services and institutions that are transferred.

1. The staff assigned to the services transferred and referred to nominally in the attached relationship number 2 shall be dependent on the Autonomous Community of Castilla-La Mancha, in the terms legally provided for by the Statute of Autonomy and the other rules in each applicable case, and in the same circumstances as specified in the attached relationship and with their personnel registration number.

2. The General Secretariat of the National Institute of Social Services shall notify the persons concerned within one month of the transfer and their new administrative situation, as soon as the Government approves this Agreement. A certified copy of all the files of such staff transferred, together with the certificates of holding, shall be sent to the competent bodies of the Autonomous Community of Castilla-La Mancha, in respect of the amounts due during 1995, with the appropriate modification of the organic and budgetary templates in the light of the transfers carried out. It shall also be forwarded to the competent bodies of the Autonomous Community of Castilla-La Mancha, which is certified by the month immediately preceding the transfer's effectiveness.

In any case, the INSERT will be responsible for the payment of the arrears and any compensation to which the transferred staff were entitled due to their situation prior to the transfer.

H) Job vacancies that are transferred.

The vacant positions allocated to the budget are those that are detailed in the attached ratio number 2, with an indication of the Body or Scale to which they are attached or assimilated, professional category, level Organic and budgetary allocation.

I) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the 1995 financial year which are transferred to the Autonomous Community of Castilla-La Mancha are those determined in the attached ratio No 1.

J) Documentation and records of the services being transferred.

The delivery of the documentation and files of the transferred services will be made within one month of the publication of the Royal Decree approving this Agreement. The resolution of the files which are being processed shall be made in accordance with the provisions of Article 8 of Royal Decree 1064/1983 of 13 April 1983.

K) Transfer effectiveness date.

Transfers will be effective from 1 July 1995.

However, the functions and services will continue to be managed and carried out by the National Institute of Social Services until September 30, 1995.

The National Institute of Social Services will continue to manage budget appropriations until September 30, 1995.

From 1 October 1995, the Autonomous Community will be able to exercise full effectiveness in the management of services and credits.

And for the record, we issued this certification in Madrid, to May 10, 1995. -The Secretaries of the Joint Commission, Marianela Berriatua Fernández de Larrea and Francisco Pardo Piqueras.

(RELATIONS 1, 2, AND 3 OMITIDES)