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Royal Decree 1278 / 1994, Of 10 June, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of The Region Of Murcia In The Field Of Social Welfare Mutuals Not Integrated In Social Security.

Original Language Title: Real Decreto 1278/1994, de 10 de junio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de la Región de Murcia en materia de Mutualidades de previsión social no integradas en la Seguridad Social.

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TEXT

The Spanish Constitution provides in Article 149.1, paragraphs 6, 11 and 13, that the State has exclusive jurisdiction over commercial law; the bases of the management of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

Likewise, and in accordance with the provisions of article 10.Uno.22 of the Statute of Autonomy for the Region of Murcia, approved by Law 4/1982, of 9 June, and reformed by Law 4/1994, of 24 March, corresponds to The Autonomous Community shall have exclusive competence in the field of non-integrated Mutuas in the social security system, in compliance with commercial law.

Royal Decree 2628/1982, of 24 September, determines the rules and the procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of the Region of Murcia.

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 fifth transitional provision of the Statute of Autonomy for the Region of Murcia, At its meeting on 24 May 1994, the Commission adopted the appropriate Agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, and in compliance with the provisions of the transitional provision fifth of the Statute of Autonomy for the Region of Murcia, at the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at their meeting on 10 June 1994,

DISPONGO:

Article 1.

The Agreement of the Joint Commission provided for in the transitional provision of the Statute of Autonomy for the Region of Murcia, for which the functions and services of the State Administration are to be specified, is approved. be the subject of a transfer to the Autonomous Community of the Region of Murcia in the field of Social Security Social Security Mutual Social Security (Social Security), which was adopted by the plenary session of the said Commission at its meeting on 24 May 1994, and which transcribe as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services, as well as the budgetary appropriations, which are related to the Joint Commission Agreement, are transferred to the Autonomous Community of the Region of Murcia, in the words there. specified.

Article 3.

These transfers will be effective from the date indicated in the Agreement of the Joint Commission, without prejudice to the production of the Ministry of Economy and Finance until the entry into force of this Royal Decree, if any, the acts (a) the necessary administrative arrangements 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.

Article 4.

The budgetary appropriations to be determined in accordance with the Annex's No 1 ratio shall be given on the basis of the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in the Annex. Section 32 of the General Budget of the State, intended to finance the cost of services transferred to the Autonomous Community, once they are referred to the Department, by the Budget Office of the Ministry of Economy and Hacienda, the certificates of credit retention, to comply with the provisions of the current Law 21/1993, of 29 December, of the General Budget of the State for 1994.

Single end disposition.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid to June 10, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Don Antonio Bueno Rodríguez and don Julio Vizuete Gallego, Secretaries of the Joint Commission provided for in the fifth transitional provision of the Statute of Autonomy for the Region of Murcia,

C E R T I F I C A N

That an Agreement on the transfer of functions and services to the Autonomous Community of the Region of Murcia in the field of social security mutual societies was adopted at the plenary session of the Joint Committee, held on 24 May 1994. Integrated in Social Security, in the following terms:

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

The Spanish Constitution, in Article 149.1 (6), (11) and (13), reserves the exclusive competence of the State in respect of commercial law; the bases of the management of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

On the other hand, the Autonomy Statute for the Region of Murcia, approved by Law 4/1982 of 9 June, and reformed by Law 4/1994, of 24 March, attributes, in its article 10.Un.22, to the Autonomous Community the exclusive competence on non-integrated Mutuas in the social security system, respecting commercial law.

Finally, the fifth transitional provision of the Statute of Autonomy for the Region of Murcia and Royal Decree 2628/1982 of 24 September 1982 lay down the rules governing the form and conditions to which the transfer of functions and services from the State to the Autonomous Community of the Region of Murcia, as well as the operation of the Joint Commission of Transfers.

On the basis of these normative forecasts it is necessary to carry out the transfer of functions, as well as of the means attached to them, of the Administration of the State to the Autonomous Community of the Region of Murcia in matter of Social security schemes not integrated into social security.

B) Functions of the State Administration that the Autonomous Community of the Region of Murcia assumes and the identification of the services that are transferred.

The Autonomous Community of the Region of Murcia shall exercise, in respect of Social Security Social Security Mutualities not integrated in Social Security, whose registered office, scope of operations and location of the risks to be insured limit the following functions to the territory of the Community by the State Administration:

1. To lay down the rules for their regulation, while respecting the basis for the organisation of the insurance business.

2. Exercise the relevant administrative powers, referred to:

(a) The authorization, revocation and registration of Social Security Mutual Social Security Mutual Social Security (Social Security).

(b) The surveillance, inspection and control of its operation.

c) The authorization of mergers, divisions and transformations and the right to agree, where appropriate, to the dissolution of trade.

For such purposes, it is understood by mutual social security contributions that are not integrated in the social security the private entities operating at fixed or variable premium, non-profit, outside the framework of the systems of forecast that they constitute compulsory social security, and exercise a voluntary insurance scheme designed to protect their members or their property against circumstances or events of a fortuitous and foreseeable nature by means of contributions direct of their associates or of other protective entities or persons, in accordance with the current legislation on the management of private insurance.

In its name must necessarily be the indication of Mutual or Social Welfare or similar.

C) Functions and services reserved by the State Administration.

The high financial economic control of the entities that are the subject of this Transfer Agreement shall continue to be exercised by the relevant organ of the State Administration.

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

For the purposes set out in the preceding paragraphs, the Autonomous Community of the Region of Murcia and the State Administration shall establish appropriate mechanisms, through which the Autonomous Community shall communicate in a manner immediately to the Ministry of Economy and Finance each authorization it grants, as well as its revocation, and will forward annually to that Ministry the statistical-accounting data of each entity, remaining between the State Administration and the Autonomous Community of the Region of Murcia the necessary collaboration for the purpose of homogenizing the documentary information and, where appropriate, coordinate the activities of both administrations.

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

There are no assets, rights and obligations in this transfer.

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

There are no personal means in this transfer.

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

1. The definitive assessment of the actual cost, which, in pesetas of 1990, corresponds to the services transferred to the Autonomous Community rises to 147,384 pesetas.

2. The financing, in pesetas of 1994, which corresponds to the annual effective cost is the one that is collected in the ratio number 1.

3. The actual cost as detailed in the valuation tables for the ratio number 1 will be financed as follows: transiently, until the actual cost is computed to review the percentage of participation of the Autonomous Community in the State's revenue, the total cost shall be financed by the consolidation in Section 32 of the General Budget of the State, of the appropriations relating to the various components of that cost, by the amounts to be determined, which are likely to be updated by the general mechanisms provided for in each Budget Law.

Any differences arising during the transitional period, as referred to in the preceding paragraph, in respect of the financing of the transferred services, shall be subject to the adjustment of the financial year, by the presentation of the accounts and supporting statements relating to a settlement commission, which shall be lodged at the Ministry of Economic Affairs and Finance.

H) Documentation and records of the services being transferred.

Within one month of the entry into force of the Royal Decree approving this Agreement, the documentation and the dossiers that document the administrative, completed or in-use procedures shall be provided. (a) to be processed, in relation to the social security mutual benefits on which the Autonomous Community assumes jurisdiction, by subscribing to that effect the corresponding act of delivery and receipt; all in accordance with the provisions of the Royal Decree 2628/1982 of 24 September 1982 approving the rules for the transfer of functions and services of the State to the Autonomous Community of the Region of Murcia.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 July 1994.

And for the record, we issued this certification in Madrid on May 24, 1994. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and Julio Vizuete Gallego.

NUMBER 1 RELATIONSHIP

Effective cost for the Autonomous Community of the Region of Murcia, according to the 1994 budget

Section 15. Ministry of Economy and Finance.

Section 29. General Directorate of Insurance.

Program 631.A. Management, control and insurance management.

Pesetas

CHAPTER I

Article 12 100,000

CHAPTER II

Article 22 86,854

Total Cost 186,854