Royal Decree 2417 / 1983, Of 28 July, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of Andalusia In Terms Of Mutual Insurance Companies Not Integrated In Social Security.

Original Language Title: Real Decreto 2417/1983, de 28 de julio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de Andalucía en materia de Mutualidades no integradas en la Seguridad Social.

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The Statute of autonomy of Andalusia, approved by law 6/1981, of 30 December, in its article 13.20 assigns to the autonomous community the exclusive competence in the field of mutual societies not integrated in Social Security. Therefore, should be transferred to this autonomous community functions and services of the State inherent in such competition.


The Joint Commission provided for in the second transitory provision of the Statute of autonomy has proceeded to implement the corresponding services of the State must be subject to transfer to the autonomous community, adopting concerning the timely agreement at its session of the plenary held on May 5, l983.


Virtue, in compliance with the provisions of the second transitional provision of the Statute of autonomy of Andalusia. On the proposal of the Ministers of labour and Social Security and Territorial Administration, and prior deliberation of the Council of Ministers on July 27, 1983, I have: article 1. Approves the agreement of the Joint Committee provided for in the transitional provision in the Statute of autonomy of Andalusia, whereby the transfer functions of the State in the field of non-integrated Social Security mutual-second to the autonomous community de Anda) Lucy and drama you the corresponding services and institutions and to the exercise of those personnel, material and budgetary means.


Article 2. 1 Consequently, are transferred to the autonomous community of Andalusia the functions referred to in the agreement which is included as annex I of the present Royal Decree and transferred to the same services and goods, rights and obligations, as well as budget appropriations and documentation and records referred to in relations attached to the agreement itself from the Joint Commission under the terms and conditions specified there.


2. in annex II of this Royal Decree refers to the legal provisions affected by this transfer.


Article 3. Transfers covered by Royal Decree will be effective from the 1st day of juIio of 1983. Designated in the agreement of the Joint Committee, and confirmed these effects all administrative acts aimed at the maintenance of services in the same regime and level of funcmnamiento who had at the time of the adoption of the agreement it is transcribed as annex I of the present Royal Decree and that, in his case, it would have issued the Ministry of labour and Social security until the date of publication of the present Royal Decree.


Article 4. This Royal Decree shall enter into force the day of its publication in the.


Given in Madrid July 28, 1983.-JUAN over cables r.-the Minister of the Presidency, Javier Moscoso del Prado y Muñoz.


Annex I Don J. L. B. O. and Mrs. M. S. M. M., Secretaries of the Joint Committee provided for in the second transitory provision of the Statute of autonomy of the autonomous community of Andalusia, certify: that at the plenary meeting of the Commission held on May 5, 1983 adopted agreement on transfer to the autonomous community of Andalusia of the functions and services of the State in the field of mutualism not integrated in Social Security in the terms below are expressed.


A) reference to constitutional and statutory standards and leqales that is protects the transfer.


The Statute of autonomy for Andalusia, Ley Orgánica 6/1981, of 30 December, in its article 13.20 attributed to the autonomous community the exclusive competence of mutualism not integrated into the Social security system, respecting the trade legislation.


On the other hand, the article 149.1, 11., of the Constitution attributes to the exclusive jurisdiction of the State the bases of management of insurance. Moreover, the Statute of autonomy of Andalusia, in its article 13.1.3, attributed to this autonomous Community legislative development and implementation of the management of the insurance.


On the basis of these constitutional and statutory provisions that the autonomous community of Andalusia has competences in matters of mutual societies to integrated into Social Security, so we proceed to operate already in this field transfers of functions and services of that kind to it, starting and completing the process thus is legally possible.


(B) State functions assumed by the autonomous community and identification of services that are transferred.


1 is transferred to the autonomous community of Andalusia, within its territory, under the terms of this agreement and of decrees and other rules that make it effective and are published in the, the following functions which had been carrying out the State.


In terms of mutualism not integrated in Social Security and on the basis of articles 13.20 and 15.1.3 of the Statute of autonomy of Andalusia and the article 149.1, 11., of the Constitution: to) the adoption of the Constitution, classification and registration of mutuals.


(b) monitoring, inspection and control of its operation.


(c) authorization of takeovers, mergers and dissolutions of the same.


2. the exercise of the functions which are transferred is limited to non-integrated Social Security mutual societies which have their registered office in the territory of Andalusia as well as federations, associations or groupings of such entities, provided that they comply with the same territorial requirement.


For this purpose refers to non-integrated Social Security mutual associations currently subjected to the law of 6 December 1941, carrying on a forecast of a social or charitable nature and non profit, modality to protect their associates or their property against circumstances or events with that name, or any other incidental and predictable character to which they are exposed through contributions direct partners or from other entities or protecting people.


3. not existing administrative units at the provincial level which perform the functions which are transferred and not being assigned exclusively to units specific the functions of mutual societies which are transferred, not applicable the transfer of organic units or individuals, both provincial services and central services.


(C) powers, functions and services which reserves of the Government.


1 will remain in the Ministry of work and Social security skills covered by the preceding paragraph with respect to entities that, however have their headquarters in the territory of the autonomous community, acting in replacement of the managing bodies of the Social Security in the management of the contingencies covered under the General scheme or the Spice regimes) is Social Security refers to article 1. Real Docreto 1879 / 1978, June 23 well ccmo with respect to those entities which collaborate in the management of Social Security, by conceptualizing all of them integrated in the latter.


2 it is reserved, within the Ministry of economy and finance, to the General direction of insurance, as long as it corresponds to this monitoring control and inspection of compliance with the management of the insurance, the school of prescriptive and binding report referred to in articles 26 and 27 of the regulation of 26 May 1943, which prior to the Constitution of the entity determines whether it is or not included in the scope of the regulatory legislation of private insurance.


(D) functions that must attend to the administration of the State and the autonomous community and form of cooperation.


1. the functions of monitoring and inspection that are exercised through the inspection of entities of the Social Security will continue to exert by the Labour Inspectorate, already acting on its own initiative in accordance with the General guidelines of the community already on the specific orders of inspection for particular cases, without prejudice to regulatory competition that in this matter the autonomous region boasts.


2. for the purpose of their integration in the entity relationship of Social Security existing outside the territory of the Autononna community, will forward every six months, by the competent bodies of the same, to the Ministry of labour and Social Security, the highs and lows of entities of forecast and detail variations occur in the special register of this kind of Entidqdes that for this purpose is carried in the community. Also statistical data requested him according to questionnaire which may be established.


3. the administration of the State, at the request of the own autonomous community or at the request of members resident outside the territory of this may inspect, for the purposes of the guardianship of the indicated mutual rights, centers or activities of mutual societies located or carried out, respectively, outside the territory of the autonomous community, realizing their actions to the competent bodies of the same all this is without prejudice of the high inspection exercise corresponding to the administration of the State.


(E) goods, rights and obligations of the State which are transferred.


There.


(F) staff assigned to services and institutions that are transferred.


There.


(G) jobs vacancies which are transferred. There.


(H) final evaluation of the financial burdens of the transferred services.


The effective cost that, according to the settlement of the budget for 1982, corresponds to the services transferred by this Royal Decree to the autonomous community of Andalusia rises, definitively 5.944 pesetas, according to the detail contained in the relationship number 2 * of this annex.



I) documentation and records of the services that are transferred.


The delivery of the documentation of institutions of Social Welfare, whose enumeration consists in the relationship number 1 * and giving work which for this purpose is established in the Ministry labour and Social Security, will be held within the period of one month from the approval of this agreement by the Council of Ministers.


(J) effective date of the iransferencia.


The transfers referred to in this agreement will be effective from day 1 of 1983 iulio.


And for the record we issue this certificate in Madrid may 5, 1983.-the Secretaries of the Joint Commission, J. L. B. O. and M. S. m.


* Omitted inclusion of this relationship.


Annex II list of rules affected by transfer 1. Law of B of December 1941 of mutual societies and mutuals.


2. Regulation of the law of 6 December 1941, approved by resolution of the Council of Ministers of May 26, 1943.


3. Royal Decree 1879 / 1978, of 23 June, whereby rules of application to institutions of Social Welfare to act as substitute of the corresponding Social Security.


4. Royal Decree 102/1983, of 25 January, on restructuring of the Ministry of labour and Social Security.

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