Royal Decree 1619 / 1990 Of 30 November, Amending The Basic Structure And Competencies Of Managers Centers And Certain Bodies General Secretariat For Social Security.

Original Language Title: Real Decreto 1619/1990, de 30 de noviembre, por el que se modifica la estructura básica y competencias de los Centros Directivos y de determinados Organismos dependientes de la Secretaría General para la Seguridad Social.

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The Royal Decree 530/1985, of 8 April, which approves the basic structure and competencies of the Ministry of labour and Social Security, regulates, among other things, the structure of the facilities management Department directly dependent on the General Secretariat for Social Security.

Subsequently, the Royal Decree 727/1988, of July 11, restructuring of ministerial departments, attributed to the Ministry of Social Affairs competences, previously referenced in the Ministry of labour and Social Security, in terms of social services and social action, except for the management of the non-contributory benefits, which were entrusted to the Department recently cited.

Organic changes taking place since the adoption of the Royal Decree 530/1985, with incidence on the bodies under the General Secretariat for Social Security, the need to promote new tasks in the area of Social Security, particularly in the areas of planning and policy in the medium and long term, particularly in the field of pensions and its economic impact as well as the needs of adaptation of the Organization of the General Secretariat for Social Security to the demands of comprehensive care required by global management programs, advised proceeding with a rearrangement of managers centers dependent on the General Secretariat for Social Security.

That purpose is the present Royal Decree, whereby amending certain articles of the Royal Decree 530/1985, of 8 April, creating new units organic in the bosom of the General Secretariat for Social Security number identical to the organic units that are suppressed, with which there is no increase in spending public.

In turn, the modifications that are established in the Royal Decree 1854 / 1979, which regulates the structure and competencies of the National Institute of Social Security, responded, on one hand, the need to set up a new unit, with the rank of General Subdirectorate, which assume certain powers currently conferred on the Secretary General of such management institution enhancing this functions of coordination and communication, both internal as external, as well as the inspection of services and support to the participation in the control bodies and the management of the entity; on the other, the creation of the special of the mutuals of officials of the Social Security Fund, within the National Institute of Social Security, precise, for its effective implementation, of the necessary organic units that take on the management of the same.

Finally, the modification introduced in the Real Decree 1314 / 1984, of 20 June, which regulates the structure and competencies of the General Treasury of the Social Security, aims to the creation of two subdirectorates general, a fund-raising Executive, to be responsible for coordinating and controlling all actions of this common service in the field of the Executive of the Social Security levy , especially after a major change in management carried out by such entity to reside in organs of the same Executive of appropriations for Social Security revenues, abandoning agreed this competition management, and planning and coordination of the revenue management, whose essential responsibilities lie in the analysis and detection of situations of delinquency in order to plan and coordinate specific anti-fraud programs.

By virtue, at the initiative of the Minister of labour and Social Security, with permission of the Minister of economy and finance, a proposal by the Minister for public administration, and prior deliberation of the Council of Ministers at its meeting of November 30, 1990, available: article 1 gives new wording to article 13, number 2, and articles 14 15 and 16 of the Royal Decree 530/1985, of April 8, basic structure and competencies of the Ministry of labour and Social Security, which are written as follows: «article 13, number 2.

They depend on the General Secretariat for Social security managers following centers: General Directorate of planning and economic management of the Social Security.

Directorate-General of legal regulation and collaborating entities of the Social Security."

«Article 14. Directorate-General of planning and economic management of the Social Security.

One. The Directorate-General of planning and economic management of the Social Security is the Steering Center corresponding to develop economic and financial functions of Social Security, which correspond to the Ministry of labour and Social Security, and planning, conducting financial and demographic studies required by that. It also is up to exercise control in the economic order of their management institutions and public services, and the Collaborating entities, as well as meet and learn mandatorily measures have an impact on the funding and Social security spending.

Two. The Directorate-General of planning and economic management of the Social Security comprises the following units, organic level of General Sub-Directorate: Subdirectorate-General of budgets of the Social Security.

Sub-Directorate General of Social security budget tracking.

Subdirectorate General of planning and financial analysis of the Social Security.

Subdirectorate General of management of the economic management of Social Security.

3. Sub-Directorate General of Social security budgets.

It is this Subdirectorate-General for competition: 1. the formulation of the budget of expenditure of the Social Security, in accordance with the policy of economic and welfare to develop in each exercise benefits.

2. the elaboration of the budget resources of the system of Social Security, by the estimate of the callable contributions in the various regimes and evaluation of remaining income.

3. the design of the criteria which must preside over the drafting of the multi-annual investment plans.

4. the studies of new budgetary techniques and the establishment of methods for use in the preparation of the budgets of the system.

Four. Sub-Directorate General of Social security budget tracking.

It is this Subdirectorate-General for competition: 1. control and monitoring the management of the Social security system.

2. the control and monitoring of the implementation of the budgets of the Social Security in administrative terms and programs.

3. the processing of the records of budgetary modification and update of the budgets of the entities of the Social Security and the mutual of accidents of work and occupational diseases.

4. the formulation of States which summarizes the management economic and budgetary system of Social Security, from the documentation prepared by its management institutions, Treasury and entities collaborating on a regular basis.

5. Subdirectorate General of planning and financial analysis of the Social Security.

It is this Subdirectorate-General for competition: 1. the preparation of the studies of economic, financial and demographic order and, in general, those that relate to a permanent evaluation of the Social security system, making for this purpose forecasts in the medium and long term.

2. the preparation of financial analyses that have an impact on the Social security system.

3. the preparation of the financial report annexed to the Social security budgets.

4. the formulation of economic and financial studies required him.

6. Subdirectorate General of management of the economic management of Social Security.

It is this Subdirectorate-General for competition: 1. the economic reporting provisions that affect directly or indirectly to Social security budgets.

2. the coordination of the economic management of the Social security institutions, attached to the Ministry of labour and Social Security.

3. the fixing of common criteria on transfers to autonomous communities regarding the economic and budget, as well as the analysis of the economic data provided by those.

4. the coordination of reports and studies needed for the integration of the entities that act as substitute of the Social security system, as well as of other groups not currently included in that.

5. the development of the functions of coordination of economic assistance benefits, not integrated in Social Security, whose address corresponds to the General Secretariat for Social Security.

Article 15. Directorate-General of legal regulation and collaborating entities of the Social Security.

One. The General direction of legal regulation and collaborating entities of the Social Security is the Management Center corresponding to develop the functions of direction, surveillance and guardianship over the Social security system, relating to the legal adequacy of the same, developing and interpreting the rules and provisions relating to the system of Social Security, and issuing reports and opinions requested him as well as the coordination of the defense of the welfare State in the litigation to which it is party. Compete you, likewise, coordination and guidance on the management of the mutual work accidents and professional illnesses of the Social Security and the collaborating companies.
Two. Of legal regulation and collaborating entities of the Social Security General address is composed of the following units, with organic level of General Sub-Directorate: Subdirección General de management regulations.

Subdirectorate General of technical assistance of the Social Security.

Subdirectorate General of collaborating entities.

3. Subdirectorate General of policy planning.

It is this Subdirectorate-General for competition: 1. the elaboration of the provisions of the Social Security.

2. the management and systematization of such regulations and knowledge and opinion of the legal issues that may arise in connection therewith.

3. the relationship with the management institutions of special regimes which are beyond the budget of the Social Security.

4. the report on provisions or actions with legal effect on Social Security.

5. the legal report may ask many questions.

Four. Subdirectorate General of technical assistance of the Social Security.

It is this Subdirectorate-General for competition: 1. analysis of the litigation from Social Security and coordination of his defence at trial.

2. knowledge of the records and reports on motions for resolutions of sanctions resulting from noncompliance with infringements in the field of Social Security 3. Legal coordination of activities that require joint action of several entities.

5. Subdirectorate General of collaborating entities.

It is this Subdirectorate-General for competition: 1. permanent analysis of the frame of collaboration of Social Security, proposing measures that may be necessary.

2. the assessment of the situation of each of the mutual of accidents of work and professional illnesses of the Social Security and Intermutuales centres, carrying out control and monitoring of the management and proposing, where appropriate, the adoption of the measures referred to in the additional provision fourteenth of law 4/1990, of the State budget for 1990.

3. the study of the size and scope of the mutual of accidents of work and professional illnesses of the Social Security, promoting the corresponding regulatory changes and the assessment of the situation of the collaborating companies, implementing, where appropriate, the necessary controls on the management of the aforementioned companies.

4. the preparation of the annual report of the management by the mutual of accidents of work and professional illnesses of the Social Security.

Article 16. Replacement in case of vacancy, absence or illness.

«In case of vacancy, absence or illness, will replace the head of the Center for direcctivo Assistant Directors-General, in the same order that they appear in their respective structure.»

Article 2 includes two new paragraphs in number 1 of article 7 of the Royal Decree of 1854 / 1979, of 30 July, which regulates the structure and competencies of the National Institute of the Social Security, with the following wording: «Subdirección General de regime inside, which will be attributed the competence and functions concerning the programming, management and control of the network of centres and facilities as well as applicable to the management and material nature and Office Automation media.

Management of the Special Social security officials mutual fund, which will be attributed the competence and functions derived from the management of the aforementioned Fund.»

Article 3 1. Include two new paragraphs in article 5 of the Royal Decree 1314 / 1984, of 20 June, which regulates the structure and competencies of the General Treasury of the Social Security, with the following wording: «Subdirección General de fundraising Executive, which will be attributed the competence and functions of the tracking of revenue management carried out by fundraising executive units and units of Executive path of the territorial treasuries; the preparation of reports and motions for resolutions on adjournments and subdivisions of debts in implementation phase; monitoring of the bankruptcy proceedings and the processing of direct disposal of property records, as well as any others that the current regulation of collection attributed to the Services-Central of the General Treasury to the Social Security in the collection procedure.

Subdirectorate-General for planning and coordination of the management revenue, which shall be responsible for the analysis and detection of situations of delinquency, through coordination, for this purpose, areas of fundraising volunteer and Executive, as well as the development and evaluation of special programs for fundraising, particularly those that pursue of anti-fraud action in fulfilment of the obligations of Social Security coordinating its action with the labour and Social Security Inspectorate.

2 new wording is given to the header and to article 7 of the Royal Decree 1314 / 1984, of 20 June, which regulates the structure and competencies of the General Treasury of the Social Security, in the following terms: 'article 7. Provincial directorates.

«1. at the provincial level, the management of the Treasury of the Social Security will take place through the corresponding provincial directorates and the dependent of the same Social security administrations.»

ADDITIONAL provisions first.

1. the powers conferred to the General Secretariat for Social Security and the Directorate-General of planning and economic management of the Social security are understood without prejudice to those that correspond to the ministries of finance and of health on the National Institute of health management.

2. in the same way, powers conferred to the organs of the Ministry of labour and Social Security indicated in the previous issue are understood without prejudice to those that correspond to the Ministry of Social Affairs in relation to the National Institute of social services, and on the planning, direction, coordination and evaluation of social services.

The second.

References that applicable laws in force, are carried out to the territorial treasuries of the Social Security and the territorial treasurers of Social Security, shall be deemed performed addresses provincial of the Treasury General of the Security Social and the provincial directors of the General Treasury of the Social Security.

Third.

I(i) General sub-directorates and managers following centers are: the General direction of economic regime of the Social Security.

The Directorate-General of Social Security legal system.

The General Sub-Directorate for economic and financial analysis of the Social Security.

The General Sub-Directorate of collaborating entities of the General direction of economic regime of the Social Security.

The General Sub-Directorate of legal regulation of the Social Security.

The Subdirectorate-General for international relations of the National Institute of the Social Security.

Jobs, with lower organic and transitional provision units General Subdirectorate, dependent on managers centers and agencies affected by the present Royal Decree, continue to exist and will be paid at the same budget expense, until the adoption of the adaptation of the relations of jobs of the Ministry of labour and Social Security, the National Institute of Social Security and the General Treasury of the Social Security to the organizational structure that approved by Royal Decree.

Are repeal provision repealed many provisions of equal or lower rank is contrary to the provisions of this Royal Decree and, specifically, article 17 of the Royal Decree 530/1985, of 8 April, basic structure and competencies of the Ministry of labour and Social Security.

FINAL provisions first.

The Minister of labour and Social Security will dictate how many provisions are necessary for the development of the provisions of this Royal Decree.

The second.

By the ministries of finance and of labour and Social Security, within the scope of their respective competences, shall be the relevant budgetary changes, in order to enable the appropriations required for the implementation of the provisions of this Royal Decree.

Third.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid on November 30, 1990.

JUAN CARLOS R.

The Minister for public administrations, JOAQUÍN ALMUNIA AMANN

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