Royal Decree 2421 / 1983, Of 28 July, On Transfer Of Functions And Services Of The Government To The Valencian Community Mutual Societies Not Integrated In Social Security.

Original Language Title: Real Decreto 2421/1983, de 28 de julio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Valenciana en materia de Mutualidades no integradas en la Seguridad Social.

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The Statute of autonomy of the Valencian Community, approved by Act 5/1982 of 1 July, in its article 31.21, 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 Commission mixed, scheduled in the fourth transitory provision of the Statute of autonomy, has proceeded to specify the corresponding services of the State which must be subject to transfer to the autonomous community, adopting the appropriate agreement in its session of the plenary held on June 27, 1983 in this regard.


Virtue, in compliance with the provisions in the transitional provision of the Statute of autonomy of the Valencian Community, on the proposal of the Ministers of labour and Social Security and Territorial Administration, after deliberation by the Council of Ministers on July 27, 1983, fourth I have: article 1. Approves the agreement of the Joint Committee provided for in the fourth transitory provision of the Statute of autonomy of the Valencian Community, which are transferred functions of the State in the field of mutual societies not integrated in Social Security to the Valencian Community and are transferred him the corresponding services and institutions and accurate personnel, material and budgetary means for the exercise of those.


Article 2. 1 Consequently, are transferred to the Valencian Community 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 contained in the relationships attached to the agreement of the Joint Committee itself 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 day 1 of July 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 functioning which had at the time of the adoption of the agreement, which is reproduced as annex I of the present Royal Decree and that , in his case, had given 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 CARLOS r.-the Minister of the Presidency, Javier Moscoso del Prado y Muñoz.


Annex I Don G. P. D. and dona M B. B. P., Secretaries of the Joint Committee provided for in the fourth transitory provision of the Statute of autonomy of the Valencian Community, certify: that at the plenary meeting of the Commission held on June 27, 1983 adopted agreement on transfer of functions and services of the Government of the Valencian Community in the field of non-integrated Social Security mutual in the terms below are expressed.


A) reference to constitutional and statutory and legal standards that will cover transfer.


The Statute of autonomy for the region of Valencia, approved by Act 5/1982 of 1 July, in its article 31.21, 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. the bases of management of insurance attributed to the exclusive competence of the State Constitution. Moreover, the Statute of autonomy of the Valencian Community, in its article 32.1.4, 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 Valencia have competencies in mutual insurance companies not integrated in Social security matters, so we proceed to operate already in this field of 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 community Valencian, within his field territorial, in them terms of the present agreement and of them decrees and others standards that it do effective and is published in the, them following functions that came performing the State.


In matter of mutualism not integrated in it security Social and to the amparo of the article 31.21 of the Statute of autonomy of the community Valencian and of the article 149.1.11. (the Constitution, to) the adoption of the Constitution, classification and registration of the entities;


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


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


2. the exercise of them functions that is cross is limited to them mutual not integrated in it security Social that have their domicile social in the field territorial of the community Valencian, as well as to them federations, associations or groupings of such entities, whenever met with the same requirement territorial.


For this purpose, refers to non-integrated Social Security mutual associations currently subjected to the law of 6 December of 1941 than with that name, or any other, exercising a form of social or charitable nature and non profit, forecast to protect his associates or their property against incidental and predictable events or circumstances to which they are exposed through contributions of 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 attributed with exclusive units specific functions relating to mutual societies which are cross, 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 labour 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 Special Social security schemes refers to article 1. Royal Decree 1879 / 1978, of 23 June, as well as respect of organisations that collaborate in the management of Social Security, by conceptualizing all of them integrated in the latter.


2. is reserved within the Ministry of economy and Hacienda, to it address General of safe, insofar as corresponds to this it surveillance, control e inspection of the compliance of the management of the safe, it Faculty of report prescriptive and binding to is refer them article 26 and 27 of the regulation of 26 of mayo of 1943, that with character prior to the Constitution of the entity determines if the same is or not included in the field of application 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 into the relationship of Social welfare institutions existing outside the territorial scope of the community, it shall be sent every six months, by the competent bodies of the same, to the Ministry of labour and Social Security high and low of entities of forecast and detail of the variations that occur in the special register of this kind of entities must be carried for this purpose in the community. In addition, the 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 residing outside the territory, 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 Valencian Community rises, definitively, to 61.417 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 work which this purpose is established in the Ministry of 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 transfer.


The transfer referred to in this agreement will be effective from July 1, 1983.


And for the record, we issue this certificate in Madrid June 23, 1983.-the Secretaries of the Joint Committee, G. P. D. and M. B. B. P.


* Omitted inclusion of this relationship.


Annex II list of rules affected by transfer 1. Law of mutual societies and mutuals on December 6, 1941.


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


3. Royal Decree 1879 / 1978, of 23 of June, by which is dictate standards of application to the entities of forecast Social that act as substitute of them corresponding of Security Social.


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

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