Royal Decree 3228/1982, Of 15 October, On Transfer Of Functions And Services From The State To The Autonomous Community Of The Basque Country In The Field Of Mutual Societies Not Integrated In Social Security.

Original Language Title: Real Decreto 3228/1982, de 15 de octubre, sobre traspaso de funciones y servicios del Estado a la Comunidad Autónoma del País Vasco en materia de Mutualidades no integradas en la Seguridad Social.

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The Statute of autonomy for the Basque country, approved by law 3/thousand nine hundred seventy-nine, 18 December, in his article ten point twenty-three, assigned to the autonomous community of the Basque country the exclusive competence in the field of mutual societies not integrated in Social Security. Therefore, should be transferred to this autonomous community the 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 which must be subject to transfer to the autonomous community of the Basque country, taking concerning the timely agreement at its session of the plenary held the sixteenth day of September, one thousand nine hundred and eighty-two.


Virtue, in compliance with the provisions of the above-mentioned transitory provision of the Statute of autonomy for the Basque country, on the proposal of the Ministers of labour and Social Security and Territorial Administration, and prior deliberation of the Council of Ministers at its meeting in the fifteenth day of October, one thousand nine hundred and eighty-two, I have: first article.-Approves the agreement of the Joint Committee provided for in the transitional second provision of the Statute of autonomy for the country Vasco, which materialize the services and functions that should be subject to transfer to the autonomous community of the Basque country in the field of mutual societies not integrated in Social Security, adopted by the plenary of the Committee, at its session of the sixteenth day of September, one thousand nine hundred and eighty-two, and which is reproduced as an annex to the present Royal Decree.


Second article.-Accordingly services and functions listed in the referred agreement the Commission joint, in the terms and conditions specified there are transferred to the autonomous community of the Basque country.


Third.-these transfers will be effective from the date specified in the agreement of the Joint Commission.


Fourth article.-East Royal Decree will be published at the same time, in the and the, gaining entry into force from their publication.


ADDITIONAL provision will be cancelled in the budget of the State credits equivalent, as a minimum, to six point twenty-four per cent of the amount of those who, at the State level are assumed competences and services transferred and whose detail consists in the referred agreement of the Joint Committee of transfers.


Given in Madrid to 15 of October of the year one thousand nine hundred and eighty and two.-JUAN CARLOS r.-El Ministro de la Presidencia, Matías Rodríguez Inciarte.


Annex Don J. S. F., Secretary of the Joint Committee provided for in the second transitory provision of the Statute of autonomy for the Basque country, certifies: that in the plenary of the Commission, held on September 16, 1982, agreed the transfer to the autonomous community of the Basque country services in the field of non-integrated Social Security mutual , in terms which are reproduced below.


A) competencies that correspond to the autonomous community.


The transfer of the functions and services provided by the State in the autonomous community of the Basque country in the field of non-integrated Social Security mutual, covered in article 10, paragraph 23, of the Statute of autonomy.


(B) services and institutions that are transferred.


1. the autonomous community of the Basque country shall exercise, the date which is designated, functions which up to the present has the administration of the State, in which affects mutual societies not integrated in Social Security and having its registered office in the territorial scope of the Basque country.


In addition, the autonomous community of the Basque country shall exercise the powers belonging to the administration of the State regarding federations, associations or groupings of such entities, whenever those meet the requirement laid down in the preceding paragraph.


For such purposes, means not integrated in Social Security mutual, associations currently subject to the Act 6 of December, 1941, that under that name, or any other exercise a form of as a social or charity and non profit, forecast to protect its partners or to their property against circumstances or incidental and predictable events that are exposed through direct contributions from partners or precedents other entities or protecting people.


2. the Ministry of labour and Social Security shall exercise the powers mentioned above, with regard to welfare entities that act in substitution of the management institutions in the management of the contingencies covered under the General scheme or of the Special Social security schemes, as well as of the institutions collaborating in the management of Social security by conceptualizing all of them integrated in the latter.


3 it is reserved within the Ministry of finance to the General Directorate of insurance, the report referred to in articles 26 and 27 of the Decree of May 26, 1943, in the terms established by these rules, without prejudice to the competences that correspond to the Basque Autonomous Community under its Statute.


4 aimed at their integration in the relationship of existing Social Welfare entities outside the territorial scope of the autonomous community of the Basque country, shall be sent, every six months by the competent bodies of the autonomous region, the Ministry of labour and Social Security, detail of the variations that occur in the special register of this kind of entities must be carried for this purpose in the autonomous community of the Basque country.


5. in the absence of services and territorial institutions carrying out functions which are transferred, it has not resulted in the transfer of the same.


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


It is transferred to the Basque Government all documents of institutions of Social Welfare whose enumeration consists in the relationship number 1 *, and that the work which for this purpose is established in the Ministry of labour and Social Security.


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


The staff assigned to the service, within the Ministry of labour and Social Security carries out the functions transferred to central level of undifferentiated for all entities existing in all the national territory and are not subject to transfer, without prejudice to the provisions of the letter E) following.


(E) interim assessment of assumed loads, at the State level by the Basque country, corresponding to the transferred services.


The budget allocation that statewide, and according to the initial budget of expenditures for 1982, corresponds to services exercising competences throughout the national territory with respect to welfare entities that are subject to transfer amounts to 9.906.059 euros, according to the detail contained in the relationship number 2 *.


(F) effectiveness of transfers.


This transfer will be effective from July 1, 1982.


And for the record, promulgate the present certification in Madrid to 16 of September 1982.-j. S. F.


* Omitted inclusion of this relationship.

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