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.

For its part, the Statute of Autonomy of the Community of Madrid, approved by Law 3/1983 of 25 February, and reformed by Law 10/1994, of 24 March, attributes to the Autonomous Community in its article 28.6, in the (a) to establish the laws and regulations governing the management of social security benefits and services in the social security system, including the executive function of the social security system.

Royal Decree 1959/1983 of 29 June determines the rules and procedure to be followed by the transfer of functions and services of the State to the Community of Madrid.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, At its meeting on 18 May 1995, the Commission adopted the appropriate Agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the second transitional provision of the Statute of Autonomy of the Community of Madrid, on the proposal of the Minister for Public Administrations, and after deliberation by the Council of Ministers at their meeting on 9 June 1995,

D I S P O N G O:

Article 1.

The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, for which the functions and services of the Social Security which must be the purpose of the transfer to the Community of Madrid in the matters entrusted to the National Institute for Social Services (INSERSO), adopted by the plenary session of that Commission, at its meeting on 18 May 1995, and which is to be transcribed as an annex to the present Royal Decree.

Article 2.

Consequently, the functions and services, as well as the property, personal and budgetary resources which are related to the Joint Committee Agreement, are transferred to the Community of Madrid 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 June 9, 1995.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Dona Marianela Berriatua Fernández de Larrea and Dona Maria Lourdes González del Tanago, Secretariats of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of the Community Madrid,

CERTIFY:

At the plenary session of the Joint Committee, held on 18 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 the Community of Madrid, approved by Law 3/1983 of 25 February, and reformed by Law No 10/1994 of 24 March, establishes in its article 28.6 that it corresponds to the Community of Madrid, in the terms established by the laws and regulations governing the development of their legislation by the State, the executive function in the management of social security services and services of the Social Security system, and the ESPSO.

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 the managing body of the 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 Social Security Management Entity, National Institute of Social Services, without prejudice to the relationships that must be maintained with the Social Security Administration for the association of this entity with the budgets of the Social Security Administration.

Finally, the second transitional provision of the Statute of Autonomy of the Community of Madrid and Royal Decree 1959/1983 of 29 June on the form and conditions governing the transfer of functions and services of the State Administration to the Community of Madrid.

On the basis of these normative provisions, the transfer to the Community of Madrid of the functions and services of the Social Security, in the subjects entrusted to the National Institute of Social Services (INSERSO), should be operated.

B) Social Security Functions referred to the INSERT assumed by the Community of Madrid with the identification of the services that are transferred.

1. The following functions are transferred to the Community of Madrid, 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". they were doing the State and the Administration of Social Security:

1. The functions corresponding to the institutions, services and establishments of the National Institute of Social Services (INSERSO) in the Community of Madrid, without prejudice to the provisions of paragraph c) i, in relation to certain centres.

2. The functions entrusted by the legislation in force to the provincial directorate of the expressed managing body in the Community of Madrid, as well as those corresponding to the Provincial Directorate of Labour, Social Security and Social Affairs.

3. The elaboration and implementation of the investment plans in the subject matter of this transfer to be carried out in the Community of Madrid within the budgetary limits, in accordance with the regulatory regulations of the The Economic and Social Security Committee, in the context of the general assistance planning of the Autonomous Community and in accordance with the basic legislation of the State.

4. The establishment, management, updating and termination of concerts with entities providing services in the Community of Madrid, within the limits of the budget, subrogating the Autonomous Community at the concerts between the INSERT and other entities, from the date of effectiveness of the transfer to the term of those concerts.

5. The creation, transformation and enlargement, within the budgetary limits, as well as the classification of the ordinary institutions of the INSERSO in the Community of Madrid.

6. The functions carried out by the INSERSO through its central services as regards the territory of the Community of Madrid in relation to the inspection of services, the management of personnel, the management of compulsory and, where appropriate, social security benefits, the management of the centres, establishments and services, as well as 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, the following services of their territorial scope are transferred to the Community of Madrid, in so far as they exercise the functions that are also detailed:

1. The third age and disability care centres and establishments listed in the Annex.

2. The social service centers and the Provincial Directorate of the INSERSO.

C) Functions that the State Administration reserves.

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

(a) Basic legislation which 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 Article 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 for the recovery of physical and mental disabilities severely affected physically disabled. 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 Community of Madrid, in accordance with the mechanisms that are indicated in each case, the following functions:

(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 shall provide each other with information on the exercise of their respective functions for statistical purposes, following a methodology which 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 in which it corresponds to the Autonomous Community.

(d) Any other one that can contribute to the best relationship and coordination between the State Administration and that of the Community of Madrid.

E) Budget regime.

(a) Correspond to the Madrid Community 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 for the management of the services transferred from the INSERT.

This project will be submitted to the General Secretariat for Social Security for its transfer to the managing body of the managing body, 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 authorised in the state of expenditure of the amount of the budget of the Community of Madrid shall be limited and, therefore, the commitments of expenditure to be acquired in excess of the amount of the appropriations shall be financed by resources provided by the Autonomous Community itself, unless it comes from the application of provisions laid down in general for the entire Spanish territory.

(d) The obligations of the payment of the Community of Madrid, for the management of the transferred services, shall be payable only if they result from the execution of their budgets or from a firm judicial judgment relating to events occurring after the date of effectiveness of the transfer.

e) The structure of the expenditure budget of the services transferred from the INSERT to the Community of Madrid shall be adapted to the rules laid down by the Ministry of Labour and Social Security.

(f) As documentation annexed to the preliminary draft budget, the Community of Madrid shall accompany the following documents:

1. "Explanatory Memory".

2. Economic and financial report.

(g) Corresponding to the higher bodies of the Community of Madrid for the examination and submission of the preliminary draft budget for the expenditure of the services transferred from the INSERT.

The above mentioned higher bodies of the Community of Madrid will approve a management base which will in no way alter the principles contained in the recast text of the General Law, except in the organic aspect. Budget, 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.

h) Once the consolidated budget of Social Security has been approved by the General Cortes, the Ministry of Labour and Social Security shall carry out the distribution of the budget of the INSERT in favour of the Community of Madrid, according to the following specifications:

1. For the years 1996 to 1998, the effective cost of services, including those which do not mean monetary movement, will be adopted as a basis for the cost of the services of the 1995 budget, which will be broken down by chapters in Annex 3.

2. The payment of the debt and the commitments of expenditure whose origin is prior to the year in which the effectiveness of the transfer takes place shall be assumed in the budget by the INSERT.

3. For a period of three years and with effectiveness since 1 January 1996, the difference between the cost of the services and the cost of applying the population coefficient to assist shall be adjusted by one third of the Each of the three years is different.

(i) The Community of Madrid 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, where appropriate, the administration the State establishes, 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 Community of Madrid with the information drawn up on the same matters.

The Community of Madrid is also subject to the public accounting system and must be accountable to the Court of Auditors for its operations.

(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 territory Spanish.

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 goods, rights and obligations of the National Institute of Social Services which correspond to the services transferred are transferred to the Community of Madrid.

2. Within one month of the effectiveness of this Agreement, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed.

3. The assets assigned to the National Institute for Social Services, which are set out in the detailed inventory of the attached ratio number 2, are assigned to the Community of Madrid.

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

The new subscriptions of goods to the Community of Madrid, 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 by convention establish, 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.

According to the provisions of the additional provision of Law 12/1983 of 14 October, of the autonomy process, the State Administration will have to regularize the economic and administrative situation of its personnel. service before proceeding to transfer to the Autonomous Communities. In any event, the State administration shall be responsible for the payment of the arrears or any compensation to which the staff were entitled due to their situation prior to the transfer.

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

1. Staff assigned to the services transferred and who are nominally referred to in the attached relationship

number 1 shall become dependent on the Community of Madrid, 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 your staff registration number.

2. The General Secretariat of the National Institute of Social Services will notify the interested parties within one month of the transfer and its new administrative situation, as soon as the Government approves this Agreement by Royal Decree. A certified copy of all the files of this staff, as well as of the certificates of haberes, shall also be sent to the competent authorities of the Community of Madrid, in respect of the amounts due by them, (i) the necessary modification of the organic and budgetary templates in the light of the transfers made.

Likewise, the competent authorities of the Community of Madrid shall be referred to the certification of the assets accrued in the month immediately preceding the effectiveness of 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 1, with 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 financial year 1995 corresponding to the valuation of the transfer to the Community of Madrid are those determined in the attached ratio number 3.

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 from the date of effectiveness of the transfer. The decision of the files to be processed shall be made in accordance with the provisions of Article 8 of Royal Decree 1959/1983 of 29 June.

K) Transfer effectiveness date.

The transfer of functions and services, which is the subject of this Agreement, will be effective from 1 January 1996.

And for the record, we issued this certification in Madrid on May 18, 1995. -Secretariats of the Joint Commission, Marianela Berriatua Fernández de Larrea and Lourdes González del Tanago.

(SUPPLEMENT OMITTED)