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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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TEXT

Royal Decree 530/1985, of 8 April, approving the basic structure and competences of the Ministry of Labour and Social Security, regulates, among others, the structure of the Directive Centers of the Department of directly from the General Secretariat for Social Security.

Later, the Royal Decree 727/1988 of July 11, restructuring of the Ministry of Labor, attributed to the Ministry of Social Affairs the powers, until then referred to in the Ministry of Labour and Social security, in the field of social services and social action, except for the management of non-contributory economic benefits, which were still entrusted to the Department as recently as cited.

The organic changes since the approval of Royal Decree 530/1985, with effect on the Organ dependents of the General Secretariat for Social Security, the need to promote new tasks in the area Social security, especially in the areas of planning and policy-making in the medium and long term, particularly in the field of pensions and their economic impact, as well as the needs of the organisation's adaptation from the General Secretariat for Social Security to the demands for comprehensive care required by global management programmes, they advise on a rearrangement of the Directorate-General for Social Security, which is dependent on the General Secretariat.

To this end, this Royal Decree responds, amending certain articles of Royal Decree 530/1985, of 8 April, creating new organic units within the General Secretariat for Social Security, in number identical to that of the organic units that are deleted, thus producing no increase in public expenditure.

In turn, the changes that are made in Royal Decree 1854/1979, which regulates the structure and competencies of the National Social Security Institute, respond, on the one hand, to the need to set up a new Unit, with the rank of Subdirección General, which assumes certain competencies currently attributed to the General Secretariat of the Management Entity, enhancing the coordination and communication functions, both internally and external, as well as those of inspection of services and support to the Organ of participation in the control and the management of the Entity; from another, the creation of the Special Fund of the Mutuals of Social Security Officials, within the National Institute of Social Security, precise, for its effective implementation, of the Organic Units required to assume the management of the same.

Finally, the amendment introduced in Royal Decree 1314/1984 of 20 June, which regulates the structure and powers of the General Treasury of Social Security, aims at the creation of two Sub-Directorates-General, one of the Executive Collection, which is responsible for coordinating and controlling all the actions of the Joint Service in the field of the executive collection of social security, especially after the important change in the operation of the social security system. management carried out by that Entity when it is resident in its own organs of collection Social Security credits executive, abandoning the concerted management of this competence, and another of Planning and Coordination of the Recaudatory Management, whose essential tasks lie in the analysis and detection of the situations of late payment to plan and coordinate specific programmes to combat fraud.

In its virtue, at the initiative of the Minister of Labor and Social Security, with the authorization of the Minister of Economy and Finance, at the proposal of the Minister for Public Administrations, and after deliberation of the Council of Ministers in their meeting on 30 November 1990,

DISPONGO:

Article 1.or

Article 13, number 2, and Articles 14, 15 and 16 of Royal Decree 530/1985, of 8 April, of basic structure and competences of the Ministry of Labour and Social Security, which are worded as follows:

" Article 13, number 2.

Dependent on the General Secretariat for Social Security are the following Direct Centers:

Directorate General for Social Security Planning and Economic Management.

Directorate-General for Legal Management and Partner Entities for Social Security. "

" Article 14. Directorate-General for Social Security Planning and Economic Planning.

One. The Directorate-General for Planning and Economic Management of Social Security is the Steering Centre to which the economic and financial functions of Social Security, which correspond to the Ministry of Labour and Security, are developed. Social, and its planning, carrying out the economic-financial and demographic studies required by that. It is also up to them to exercise control in the economic order of their Management and Common Services Entities, and of the Collaborating Entities, as well as to know and report preceptively how many measures have an impact on the financing and expenditure of the Social Security.

Two. The Directorate-General for Social Security Planning and Economic Planning is composed of the following Units, with an organic level of Subdirectorate General:

Social Security Budget Subdirectorate General.

Social Security Budget Tracking Subdirection General.

Social Security Economic-Financial Planning and Analysis Subdirection General.

General Management of Economic Management of Social Security Management.

Three. Sub-Directorate-General for Social Security Budgets.

This is the responsibility of this General Subdirection:

1. The formulation of the Social Security expenditure budget, in accordance with the policy of economic and welfare benefits to be developed in each financial year.

2. The drawing up of the budget of the Social Security system by means of the estimate of the levy payable on the various schemes and the assessment of the other revenue.

3. The design of the criteria to be used by the drafting of multi-annual investment plans.

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

Four. Sub-Directorate-General for Social Security Budget Monitoring.

This is the responsibility of this General Subdirection:

1. Monitoring and monitoring the economic management of the Social Security system.

2. Monitoring and monitoring the implementation of Social Security budgets in administrative and programme terms.

3. The processing of the dossiers for budgetary modification and updating of the budgets of the Social Security Entities and of the Mutual Work and Occupational Accidents.

4. The formulation of states that summarise the economic and budgetary management of the Social Security system, based on the documentation prepared by its Management Entities, General Treasury and Collaborating Entities on a regular basis.

Five. Deputy Director General of Economic and Financial Planning and Analysis of Social Security.

This is the responsibility of this General Subdirection:

1. The preparation of studies of economic, financial, demographic and, in general, those of those with a permanent evaluation of the Social Security System, making to this end the medium and long-term forecasts.

2. The elaboration of the economic-financial analyses that have an impact on the Social Security system.

3. The preparation of the economic-financial report annexed to the Social Security budgets.

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

Six. Deputy General Management of Economic Management for Social Security.

This is the responsibility of this General Subdirection:

1. The drawing up of economic reports on provisions which directly or indirectly affect the budgets of social security.

2. The coordination of the economic management of the Social Security Entities, attached to the Ministry of Labor and Social Security.

3. The establishment of common criteria on transfers to the Autonomous Communities in the economic and budgetary order, as well as the analysis of the economic data provided by those.

4. The coordination of the reports and studies necessary for the integration of the Entities acting as replacement of the Social Security system, as well as of other collectives not currently framed in that one.

5. The development of the functions of coordination of economic welfare benefits, not integrated in Social Security, which the General Secretariat for Social Security is responsible for.

Article 15. Directorate-General for Legal Management and Social Security Collaborating Entities.

One. The Directorate-General for Legal Management and the Partner Entities of Social Security is the Steering Centre to which it is responsible for the development of the functions of management, supervision and protection of the social security system, relating to the legal adequacy of the system, drawing up and interpreting the rules and provisions affecting the social security system, and issuing the reports and opinions requested to it, as well as the coordination of the defence of security Social in the disputes in which it is an interested party. It is also responsible for the coordination and protection of the management of the Mutual Work and Occupational Accidents of the Social Security and the Collaborating Companies.

Two. The Directorate-General for Legal Management and Partner Entities of Social Security is composed of the following Units, with an organic level of Subdirectorate General:

General Normative Sorting Subdirection.

Social Security Technical Assistance General Subdirection.

General Subdirection of Collaborative Entities.

Three. Sub-Directorate General for Normative Planning.

This is the responsibility of this General Subdirection:

1. The elaboration of the provisions of Social Security.

2. The organisation and systematization of such legislation and the knowledge and opinion of the legal issues raised in relation to it.

3. The relationship with the Management Entities of Special Regiments outside the Social Security Budget.

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

5. The legal report on how many issues are requested.

Four. Deputy General Directorate of Technical-Legal Assistance for Social Security.

This is the responsibility of this General Subdirection:

1. The analysis of Social Security disputes and the coordination of their defense in judgment.

2. Knowledge of the minutes and reports on proposals for the resolution of sanctions arising from breaches in the field of social security

3. The legal coordination of activities requiring joint action by several Entities.

Five. Sub-Directorate General of Collaborating Entities.

This is the responsibility of this General Subdirection:

1. The ongoing analysis of the Social Security collaboration framework, proposing the necessary measures.

2. The evaluation of the situation of each of the Mutual Work and Occupational Diseases of the Social Security and the Intermutual Centers, by carrying out a control and monitoring of the management carried out and proposing, if necessary, the adoption of the measures referred to in the additional provisions of Law 4/1990, of the General Budget of the State for 1990.

3. The study of the dimension and scope of action of the Occupational Accidents and Occupational Diseases of the Social Security, promoting the corresponding normative modifications and the evaluation of the situation of the enterprises Partners, implementing, where appropriate, the necessary controls on the management of these enterprises.

4. The elaboration of the Annual Report of the Management carried out by the Mutual Work and Occupational Diseases of Social Security.

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

In case of vacancy, absence or illness, they shall replace the holder of the corresponding director-general, by the same order in which they appear in their respective structure. "

Art. 2. º

Two new paragraphs are included in the number 1 of article 7 of Royal Decree 1854/1979, of July 30, which regulates the structure and competencies of the National Social Security Institute, with the drafting next:

" Subdirectorate-General of the Internal Regime, which shall have responsibility for the competence and functions relating to the programming, management and control of the Network of Centres and Facilities, as well as the means applicable to the management and the material and office nature.

Management of the Special Mutual Fund of Social Security Officials, which will have the responsibility and functions arising from the management of the Fund. "

Art. 3. º

1. Two new paragraphs are included in Article 5 of Royal Decree 1314/1984 of 20 June, which regulates the structure and powers of the General Treasury of Social Security, with the following wording:

" Subdirectorate General for Executive Collection, which shall be assigned the competence and functions corresponding to the monitoring of the collection management carried out by the Executive Collection Units and by the Units (i) the establishment of reports and motions for resolutions on the deferment and fractionation of debts at the stage of implementation; the monitoring of the procedures for dealing with and the processing of the files for direct disposal of goods, as well as any other than the current Collection Regulations attribute to the Central Services of the General Treasury of Social Security in the collection procedure.

Subdirectorate General for Planning and Coordination of Recaudatory Management, to which the analysis and detection of the situations of late payment will correspond, through the coordination, to this effect, of the areas of collection voluntary and executive, as well as the development and evaluation of special collection programmes, in particular those pursuing action to combat fraud in compliance with social security obligations, coordinating their action with the Labour and Social Security Inspectorate. "

2. New wording is given to the heading and to Article 7 of Royal Decree 1314/1984 of 20 June, which regulates the structure and powers of the General Treasury of Social Security, in the following terms:

" Article 7. Provincial addresses.

1. In the provincial field, the management of the Social Security Treasury shall be carried out through the corresponding Provincial Directorates and the Social Security Administrations that are dependent on them. "

ADDITIONAL PROVISIONS

First.

1. The powers conferred on the General Secretariat for Social Security and the Directorate-General for Economic Planning and Management of Social Security are without prejudice to those of the Ministries of Economic and Social Affairs and Hacienda y de Sanidad y Consumo sobre la gestion del Instituto Nacional de la Salud.

2. Similarly, the powers conferred on the organs of the Ministry of Labour and Social Security referred to in the previous issue are without prejudice to those of the Ministry of Social Affairs in relation to the Institute National of Social Services, and on the planning, direction, coordination and evaluation of social services.

Second.

The references which, in the current order, are made to the Territorial Treasury of Social Security and to the territorial treasurers of Social Security, will be understood to the Provincial Directorates of the General Treasury of Social Security and the Provincial Directors of the General Treasury of Social Security.

Third.

The following Directive Centers and General Subaddresses are deleted:

The Directorate-General of the Economic Regime for Social Security.

The General Directorate of the Legal Regime for Social Security.

The General Sub-direction of Economic-Financial Analysis of Social Security.

The Deputy Director-General of the Directorate-General for Economic Regime for Social Security.

The General Subdirectorate for Legal Management of Social Security.

The National Institute of Social Security's Deputy General for International Relations.

TRANSIENT DISPOSITION

Units and jobs, with an organic level lower than Subdirección General, dependent on the Direct Centers and Agencies affected by this Royal Decree, will continue to remain and will be paid by to the same Budgets, until 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 Social Security to the organic structure that is approved by this Royal Decree.

REPEAL PROVISION

As many provisions of the same or lower rank are repealed, they oppose the provisions of this Royal Decree and, specifically, Article 17 of Royal Decree 530/1985, of 8 April, of basic structure and competences. of the Ministry of Labour and Social Security.

FINAL PROVISIONS

First.

The Minister of Labor and Social Security will dictate how many provisions are necessary for the development of what is established in this Royal Decree.

Second.

By the Ministries of Economy and Finance and Labor and Social Security, in the field of their respective competences, the relevant budgetary changes will be made, in order to enable the appropriations to be made available necessary for the fulfillment of what is foreseen in this Royal Decree.

Third.

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 to November 30, 1990.

JOHN CARLOS R.

The Minister for Public Administrations,

JOAQUIN ALMUNIA AMANN