Advanced Search

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.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Statute of Autonomy for the Basque Country, approved by Organic Law three/thousand nine hundred and seventy-nine, of eighteen of December, in its article ten point twenty-three, assigns to the Autonomous Community of the Basque Country In the case of non-integrated mutual benefits in the field of social security. It is therefore appropriate to transfer to this Autonomous Community the State services inherent in such competition.

The Joint Committee provided for in the second transitional provision of the Statute of Autonomy has carried out the corresponding services of the State which must be transferred to the Autonomous Community of the Basque Country, In this respect, the Committee adopted the appropriate agreement at its plenary session on 16 September, one thousand nine hundred and eighty-two.

In its virtue, in compliance with the provisions of the aforementioned Transitional Disposition of the Statute of Autonomy for the Basque Country, on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, and previous Deliberation of the Council of Ministers at its meeting on the 15th of October of a thousand nine hundred and eighty-two, I have:

Article 1.-The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy for the Basque Country is approved, in order to specify the services and functions to be the subject of transfer to the Autonomous Community of the Basque Country in the field of non-integrated mutual benefits in social security, adopted by the plenary session of the said Commission, at its meeting on 16 September of a thousand nine hundred and eighty-two, and which is to be transcribed as an annex to this Royal Decree.

Article 2.-Consequently, the services and functions related to the Joint Commission Agreement, in terms and conditions there, are transferred to the Autonomous Community of the Basque Country. specified.

Article 3.-These transfers will be effective from the date indicated in the Agreement of the Joint Commission.

Article 4.-This Royal Decree will be published simultaneously, in the "Official State Gazette" and in the "Official Journal of the Basque Country", taking effect from its publication.

ADDITIONAL DISPOSITION

In the State Budget, at least equivalent to six-twenty-four-percent of the amount of those at the state level corresponding to the assumed powers and the services transferred and the services transferred will be cancelled in the State Budget. The details of which are set out in the agreement of the Joint Committee on Transfers.

Given in Madrid to fifteen of October of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of the Presidency, Matias Rodríguez Inciarte.

ANNEX

Don J. S. F., Secretary of the Joint Commission in the Second Transitional Disposition of the Statute of Autonomy for the Basque Country, certifies:

The transfer to the Autonomous Community of the Basque Country of services in the field of non-integrated social security services was agreed at the plenary session of the Commission, held on 16 September 1982. which are reproduced below.

A) Competences 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 Mutual Social Security, is covered by Article 10 (23) of the Statute of Autonomy.

B) Services and Institutions that are transferred.

1. The Autonomous Community of the Basque Country shall exercise, as from the date indicated, the functions which the State Administration has up to the present, in so far as it affects non-integrated Mutualities in Social Security and which they have its registered office in the territorial area of the Basque Country.

In addition, the Autonomous Community of the Basque Country shall exercise the powers conferred upon the State Administration in respect of the Federations, Associations or Pools of such Entities, provided that they comply with the requirement set out in the preceding paragraph.

To such effects, it is understood by Mutualities not integrated in the Social Security, the Associations currently subject to the Law of 6 December 1941, that with that denomination, or any other, they exercise a modality of (a) a social or beneficial and non-profit-making provision designed to protect its members or property against circumstances or events of a fortuitous and foreseeable nature to which they are exposed by means of direct contributions from the associates or precedents of other Entities or protective persons.

2. The Ministry of Labour and Social Security shall exercise the above powers in respect of the Forecasting Entities acting in place of the Management Entities in the management of the corresponding contingencies of the Regime. General or of the Special Regiments of Social Security, as well as of the Collaborating Entities in the management of Social Security to conceptualize all of them integrated in the latter.

3. The report referred to in Articles 26 and 27 of the Decree of 26 May 1943, in accordance with the terms laid down in those provisions, is reserved within the Ministry of Finance to the Directorate-General for Insurance, without prejudice to powers which correspond to the Basque Autonomous Community by virtue of its Statute.

4. In order to integrate them into the relationship of Social Welfare Entities existing outside the territorial scope of the Autonomous Community of the Basque Country, it shall be sent, semi-annually, by the competent bodies of the Autonomous Community, to the Ministry of Labor and Social Security, details of the variations that occur in the Special Register of this type of Entities that to this effect will be carried in the Autonomous Community of the Basque Country.

5. In the absence of services and territorial institutions carrying out the functions that are carried out, there is no transfer of such functions.

C) Goods, rights and obligations of the State that are transferred.

All the documentation of Social Security Entities whose enumeration consists in the ratio number 1 * is transferred to the Basque Government, and which works in the Register which for this purpose is established in the Ministry of Labour and Social Security.

D) Staff assigned to the Services and Institutions that are transferred.

The staff assigned to the service, within the Ministry of Labour and Social Security, performs the functions of transfer at the central level in an undifferentiated manner for all the existing Entities throughout the territory. and are not the subject of a transfer, without prejudice to the provisions of the following point (E).

E) Provisional assessment of the charges assumed, at the state level by the Basque Country, corresponding to the Services transferred.

The overall budget allocation at the State level, and according to the initial expenditure budget for 1982, corresponds to the services exercised by the powers throughout the national territory in respect of the provident institutions. which are transferred to 9.906.059 pesetas, according to the detail in the ratio number 2 *.

F) Effectiveness of transfers.

This transfer will be effective from 1 July 1982.

And for the record, I am issuing this certification in Madrid at September 16, 1982.-J. S. F.

* The inclusion of this relationship is omitted.