the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, of seven June, for which the Social Security of the officials is regulated in the service of the Administration of Justice, in its final provisions first and third Precept that "the Government, on the proposal of the Minister of Justice, will dictate the precise norms for the fulfillment of the provisions in this Royal Decree-law that requires the rank of Royal Decree" and that the benefits established in this Royal Decree-Law shall be effective in the time and extent to be determined in the Regulation, in order to subordinate to the publication of the effectiveness of the health benefits.

Moreover, the sixth article of the text establishes that " the functioning, regime and attributions of the central and provincial organs that are constituted to achieve the highest effectiveness of the Mutuality, as well as the composition of these, shall be regulated by regulatory means ".

The transcribed precepts of legal status, determine the urgent need to enact this general regulation, to the object, above all, to reach immediately and for such an important collective of officials the comprehensive health care which is due to them, without prejudice to the fact that the Ministry of Justice will, in parallel, and on a provisional basis, lay down the rules requiring the implementation of the General Judicial Mutuality.

In its virtue, and after deliberation of the Council of Ministers at its meeting of the day three of November of a thousand nine hundred and seventy-eight,

D I S P O N G O:

Single item.

The Deputy Rules of the Judicial Mutual Mutual Regulation are hereby approved, which will enter into force on one January of a thousand nine hundred and seventy-nine.

CHAPTER FIRST

General provisions

Article first.

The Special Regime of Social Security of the Officials to the Service of the Administration of Justice shall be governed by the provisions of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, of seven June, by this Regulation and other provisions for its implementation and development.

Article 2.

The management of Social Security, as referred to in the previous article, will be carried out by the General Judicial Mutuality, which is assigned organically, with public legal personality, to the Ministry of Justice, to which the monitoring and guardianship of the same.

The General Judicial Mutuality assumes, through the Organ of Representation and with the fullness that it corresponds to its distinct public personality, with its own patrimony, the decision in order to the management and the government acts of administration as a provision in the sphere of its powers, subject to the regime established by the rules that determine its creation in the area of the Social Security of public servants, and without prejudice to the supervision which corresponds to the Delegated Intervention of the General Financial Controller of the Status.

Third item.

The General Judicial Mutuality, for the exercise of its functions, is structured in the following Organs:

I. Country-wide:

-The General Assembly.

-The Governing Board.

-The President.

As an Executive Body, under the immediate dependence of the President, a Manager will perform the Head of Administrative, Technical and Economic Services.

II. Provincial-level:

-The Delegate.

-The Advisory Board.

Article 4.

The General Assembly is the Supreme Authority of the General Judicial Mutuality, and consists of a total of thirty-four members, directly elected by the mutualists. The Presidency of the Assembly corresponds to the one that is of the Mutuality and as Secretary will act that of the Board of Government.

The General Assembly will be constituted by two compromisaries for each of the demarcations that constitute constituencies of Territorial Hearings, with the exception of those of Madrid and Barcelona, in which the compromisaries will be four, in each of them; half must belong to Carrera, Body or Scale, for whose income is required degree of University Higher Education, and the other half to Body or Scale, for whose income is not required indicated titration.

Article 5.

Members of the General Assembly shall be elected by direct, personal and secret suffrage, or by post, within each of the two groups established in the previous article, by the mutualists integrated in the Careers, Bodies or Scales and with destination in each of the territorial constituencies. Their term of office shall be four years and shall be renewed in half every two years.

All the mutualists will be electors, whatever their official status. Those who do not have the right to vote in the territorial division where they have their residence. All mutualists, in active service situation, will be eligible. The elected representatives will continue in the performance of the representation until the first renewal of the Assembly.

The appointment of members to the Assembly, within each of the two groups set out in the previous article, will be governed by the majority system, and in the event of a tie, the post will be attributed to the oldest in the Career, Body or Scale.

The Minister of Justice will dictate the electoral norms subject to the provisions of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, and in this Regulation.

Article 6.

The General Assembly has the following attributions:

a) Ostend the superior direction of the Judicial General Mutuality and establish the general guidelines to which the performance of the other Organs should be adjusted.

b) Know and resolve, if any, how many matters are submitted to you by the Governing Board.

c) Examine, audit and approve, if appropriate, the Memory and balance sheet of each financial year.

d) Know the draft annual budget submitted to it by the Governing Board and approve it, with the modifications that, if necessary, proceed.

e) Establish the benefits scheme provided for in Article 11 of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight.

f) Develop and propose the term for the designation of the President of the Mutuality and make the appointments of the members of the Governing Board that correspond to it.

g) Examine and, where appropriate, approve the investment plans proposed by the Governing Board.

Item seventh.

The General Assembly shall hold an ordinary session once a year, within the first quarter, and any extraordinary convened by the President, heard by the Governing Board, or request, at least, one third of the members of the Assembly representing the majority of five territorial constituencies.

Ordinary or extraordinary sessions shall be convened by the President, with at least twenty days in advance in the ordinary and five in the extraordinary, at least, except in cases of urgency, with the call, the order of the day.

Article 8.

The arrangements for the agreements will be in accordance with the principle of the majority of the participants, with the President having a vote of quality, and a quorum of assistance will be required in the first call of half of its members. A special quorum shall not be required for a second call. Between the first and second calls shall be at least one hour.

Article ninth.

The Governing Board, the collegiate body to which the management and management of the General Judicial Mutuality is permanently responsible, has the following composition:

-The President, who will be the President of the Mutuality.

-Six Councillors.

-The Treasurer.

-The Interventor; and

-The Secretary.

All members of the Governing Board must be a mutual active service member with official residence in Madrid.

Article ten.

Board Members of the Governing Board shall be elected by the General Assembly, one for each of the following groups:

First.

-Supreme Court Magistrates.

-Judicial Career.

-Work Magistrates.

-District Judge Corps.

Second.

-Fiscal Career.

-Ministry of Justice's Special Technical Corps of Letters.

-Optional Body of the General Directorate of Records and Notaries.

-District Prosecutors ' Body.

Third.

-Body of Secretaries of the Administration of Justice.

-National Corps of Forensic Physicians and senior officials of the National Institute of Toxicology.

-Body of Work Magistrate Secretaries.

-Body of Secretaries of District Courts.

-Officers of the Supreme Court and Audiences, and the Body of Officers of the Courts of the Administrative-Administrative, to extinguish, to be Letrados.

-Technical scale, to be extinguished, of the Administrative Body of the Courts, Letrados.

Fourth.

-Body of Secretaries of the Peace Courts.

-Body of Officers of the Administration of Justice.

-Officials of the Technical Scale, to be extinguished, of the Administrative Body of the Courts; not Letted.

Fifth.

-Justice Administration Auxiliary Corps.

Sixth.

-Body of Agents of the Administration of Justice.

Officials not mentioned in the previous relationship will be included in the group which, due to the level of qualification required for entry into the corresponding Body or Scale will result.

Item eleven.

The Directors, referred to in the previous article, shall be appointed by the Assembly, by a majority, between officials in active service with official residence in Madrid and not forming an integral part of the Assembly. The duration of the term of office shall be four years, being renewed in half every two years, in such a way as to maintain the proportionality between the two groups, of graduates and non-graduates, who make up the General Assembly.

The election will be held in the Assembly, by personal, direct and secret vote, among those included in the lists that are in the election for each of the councilors. Each member of the Assembly shall give his vote to one of the candidates for each group, and shall be proclaimed the one with the highest number of votes.

They will be able to present lists of candidates: a), the Associations. Trade unions or professional colleges of which only officials of the Administration of Justice are members; b), mutualists of each group, in number not less than 20.

Article twelve.

The Assembly shall freely appoint and remove the Treasurer and the Secretary.

Article thirteen.

The Interventor will be appointed by the Minister of Justice, among mutualists who are active officials, with official residence in Madrid. This intervention is without prejudice to that which corresponds to the Delegated Intervention of the General Controller of the State Administration.

Article fourteen.

The Governing Board shall exercise all the functions of the Mutuality that are not expressly attributed to the General Assembly, the President or, as the case may be, the Manager, and in particular the following:

a) Ostend the direction of the Judicial General Mutuality.

b) Vellar for compliance with the rules and purposes of the same.

c) Meet and enforce the agreements and guidelines you receive from the General Assembly on matters that fall within the competence of the General Assembly.

d) To study, report and raise to the General Assembly the annual activity report, the balance sheet of the previous year and the draft annual budget.

e) Resolve how many management and administration issues the President submits to his or her consideration or be claimed by the Board itself.

(f) Propose to the Minister of Justice any changes that may be advisable in the organization, system and operation of the Social Security system covered by this Regulation, for the purpose of urging the amendments rules that proceed.

g) Report the rules on the Special Regime of Social Security of Officials to the Service of the Administration of Justice.

(h) Investing or alienating the assets of the Mutuality and arranging credit operations, with effect within the period of validity of a budget, when the amount of these operations does not exceed the limit of the two percent of the expense chapter of that.

Article fifteen.

The President of the Mutual Association, the Authority of its representation, appointed by the President of the Supreme Court on a proposal from the Assembly, shall exercise the functions which, as such a representative body and president of the Collegial organs, they correspond.

In particular, it is up to the President of the Judicial General Mutuality:

(a) Call and preside over the General Assembly and the Governing Board directing their deliberations.

b) Dispose and execute the agreements of the General Assembly and the Governing Board.

c) Adopt decisions that for reasons of urgency do not admit delay without serious breach for the Mutuality or its beneficiaries, giving account to the Governing Board at the first meeting.

d) To direct, with the Manager and the Directors of Services, the administration and management of the Mutuality, within the scope of the competencies attributed by the Board of Government, in order to the recognition of beneficiaries, the provision of benefits, organisation and operation of services and economic arrangements.

e) To provide the necessary representation of the Mutuality in all manner of legal acts and business and to exercise actions, after agreement, if necessary, of the Government Board, with the authorization of which the President may delegate his representation.

f) Exercise the Head of the administrative, technical and economic services of the Mutuality, when the position of Manager has not been appointed or is vacant.

Article sixteen.

The Board of Government, on a proposal from the President, may freely designate and remove the Manager, who as the Executive Body of the Mutuality will exercise the leadership of the administrative, technical and economic services, under the President's dependency.

Corresponds to the Manager: a), comply with the agreements of the Governing Board, which will be transmitted to him through the President; b), to comply with the decisions and instructions given to him by the President; c), to exercise the Head of the Services (d) to draw up the preliminary draft annual budget, the report and the balance sheet, and how many documents or reports should be submitted to the General Assembly and the Governing Board; benefits, authorising expenditure and ordering payments, all within the remit which is establish by the Governing Board; (f) how many other functions are attributed to him by the Board of Government or by the President.

Article seventeen.

Under the President's dependency, and, in his case, the Manager, it may be appointed, on a proposal from the Board of Government and initiative of the President, up to four Directors of Service, who will be public officials in active. The proposal shall, in any case, be addressed to the Minister of Justice, who shall decide whether it is officials who are dependent on his Department, or shall, if he considers it appropriate, to which it is appropriate.

Precise officials will be assigned to the General Judicial Mutuality to equip their organic staff, leaving the same subject to the regime that establishes the fifth article of the Royal Decree-Law sixteen/thousand nine hundred Seventy-eight.

Article eighteen.

In each of the provinces, with the exception of Madrid, there will be a Delegate who will act with unconcentrated executive missions and as a liaison body with the central services, and a Consultative Board, with information tasks, orientators and support to the Delegate.

The position of Delegate will be performed by a mutualist, appointed by the Governing Board, on a majority proposal of the assemblymen of the territorial constituency to which the province belongs.

Article nineteen.

The Delegate, in addition to the precise administrative support for the performance of his duties, will be assisted by a three-member Consultative Board, corresponding to the following groups:

a) One, of the first or second groups in Article ten.

b) One, of the third group of the same item, and

c) One, of the fourth, fifth, and sixth groups of the same article.

These members shall be appointed by the Governing Board on a majority proposal from the assembly members of the territorial division to which the province corresponds.

Article twenty.

Staff at the service of the General Judicial Mutuality may proceed from:

a) Careers, Bodies or Escalations of Officials at the Service of the Administration of Justice.

b) Working Magistrates ' Corps and Body of Secretaries of Labor Magistrates.

c) Officials of the State Civil Administration.

(d) Personnel under the conditions established or to be established for non-official State Administration personnel.

The General Judicial Mutuality may contract the provision of services or the carrying out of studies, reports and works, where necessary and cannot be achieved the objectives intended by the incorporation of personnel according to some of the above modes.

Item twenty-one.

The positions of President, members of the Assembly and of the Governing Board, and that of Delegates and members of the Advisory Board, are free and mandatory.

The expenses incurred by the performance of these duties shall be justified and paid by the General Mutual Fund, under the administrative expenditure chapter.

CHAPTER II

Of protected persons, membership and listing

Section first. Of the protected persons

Article 22.

This is mandatory in the field of application of this special social security scheme:

(a) The President of the Supreme Court, the Presidents of the Chamber, the Magistrates of the Supreme Court and the members of the Judicial Race.

b) The Prosecutor of the Supreme Court and the members of the Tax Race.

c) The members of the Working Magistrates ' Body.

d) The members of the Special Technical Corps of Letters of the Ministry of Justice and Optional of the General Directorate of Records and Notaries.

e) Those who make up the District Judges and Prosecutors ' Corps.

f) The members of the Secretaries of the Secretaries of the Administration of Justice, Secretaries of Labor Magistrates and District Secretaries.

g) Those who make up the Corps of Forensic Physicians and senior officials of the National Institute of Toxicology.

h) Those who make up the Officers, Auxiliary and Agents Corps of the Administration of Justice.

i) The Secretaries of the Courts of Peace, Officers of the Chamber, Officers of the Administrative-Administrative Courts, officials of the Technical Scale to extinguish the Administrative Body of the Courts and other personnel integrated in Bodies or Escalas aI Service of the Administration of Justice.

Article twenty-three

Interim staff, who are not in receipt of another social security scheme, are also included in the field of application of this special scheme as regards the benefits of paragraphs (a), (b), (c) and (d) of the Article ten one, from the Royal Decree-law sixteen/thousand nine hundred and seventy-eight.

Article 24.

Officials in practice, in the service of the Administration of Justice, fall within the scope of this regime with the same breadth as other officials of the Body to which they aspire to enter, in order to protected contingencies and coverage benefits.

Article 25.

The staff referred to in Article 22, who move on to the status of retiree or who were already in that situation upon the entry into force of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, shall be included in the this special scheme, in the cases and in the terms set out in the third additional provision of the Royal Decree-Law and in this Regulation.

Article twenty-six.

Officials who pass on to the situation of voluntary leave or who are already in that situation at the entry into force of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, are included in this special regime, unless they are included in the field of application of another social security scheme or, which is not a standard, give up the incorporation of the General Judicial Mutuality within the prescribed period.

Article twenty-seven.

Also included in the scope of protection of this Social Security system are widows and orphans under the age of twenty-one or more disabled for work, who receive a pension from passive classes of the State, by the reason for the cause of the death of any of the Corps, Careers or Staff Escalations referred to in Article 22 of this Regulation.

Article twenty-eight.

They are considered to be protected subject to benefits, in the extension established in Royal Decree-law sixteen/thousand nine hundred and seventy-eight, in this Regulation and in the implementing and development provisions, family members who, depending economically on the official, and being within the relationship of kinship identified in each case, obtain from the Mutual the recognition of the title of beneficiary.

Section 2. From membership

Article twenty-nine.

One. Officials in the field of affiliation of this social security system, who are in an active position, shall be incorporated into it, on their own initiative, acquiring the right to the protective action which it dispenses from the moment of their operation. Such incorporation shall have the effect of membership and shall therefore be unique and permanent for those concerned, without prejudice to subsequent variations.

The Ministries of Justice and Labor shall provide the General Judicial Mutuality with a nominal relationship, with the expression of the Body, Career or Scale of the officials included in Article 22 of this Regulation.

Two. Officials who are newly entered, or who are not affiliated with other situations, must be members of the staff, from the taking of possession, to the effect of which the Staff Members shall refer to the General Judicial Mutual Relations same, with Body, Career or Scale expression, within ten days of their inclusion in payroll.

Three. The above two numbers are without prejudice to the right of the person concerned to promote their affiliation.

Article thirty.

The affiliation of those who are not included in the previous article, and that of retirees and pensioners, shall conform to the following rules:

a) Request from the interested party, according to the official model, to be presented in the central services of the Mutuality or the Provincial Delegations.

(b) Supporting documentation, if any, of the source of their inclusion in the field of application of this Social Security regime.

(c) Decision on the right to incorporation into the Judicial Mutual Mutual Fund, which shall be subject to the maximum period of 10 days from the receipt of the request in the central services.

The applicant shall submit, with the application, the beneficiary relationship in the official model.

Article thirty-one.

The Directorates-General of Justice and Labor Jurisdiction will participate in the General Judicial Mutuality, the highest of the officials who are in the situation of surplus, in their different modalities, in the same way. the date of their re-entry if they are not incorporated into the Mutuality and, in another case, within one month of the taking of possession.

In the same period, they will communicate the casualties in the civil service relationship for any cause.

Section 3. From the quote

Article thirty-two.

One. Officials falling within the meaning of Article 22 of this Regulation, who are in active employment, special or compulsory leave, supernumerary or subservient, shall be incorporated into the Mutual Fund and are obliged to pay the quotas laid down in this Regulation. Regulation, they will also be incorporated into the Mutual and will be obliged to list the interim officials and the staff in practice.

Two. The pensioners included in the additional provision of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight shall also be incorporated into the General Mutuality and shall be obliged to pay the dues. The incorporation of the retirees included in the additional third, two, of the aforementioned Royal Decree-law, is voluntary:

Three. The incorporation or permanence of those who are or move to the situation of voluntary leave is a potential one, but in any case they will necessarily be incorporated into the Mutual Fund when they pass on to one of the situations mentioned in the Number one of this article. In such cases, and produced the discharge, they must pay the quotas corresponding to the time of voluntary leave, updated subject to the bases and rates in force at the time of the re-entry, and that they respond to the financing established in Article 12 of the Royal Decree. If they do not pay these contributions, the benefits other than those of Article 10 of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight shall be fixed taking into account the time when they would have been quoted.

Article thirty-three.

The obligation to list is born from the date of discharge of the official in the General Judicial Mutuality.

Article thirty-four.

The obligation to list is maintained for as long as the affiliate is discharged into the Mutuality, without prejudice to the modifications that arise due to changes in the situation of the official or by change of Career, Body or Scale.

The obligation to list is extinguished when it is caused to be low in the Mutuality. The active relationship to the status of retiree will be extinguished, the regime established for the passive classes will apply.

Article thirty-five.

The obligation to list the interim officials is born with the inauguration and will be extinguished by the cessation of the interim situation. If the latter were to have entered the Body or Scale of Officials within the meaning of Article 22 of this Regulation, they shall continue to be incorporated into the Mutual Fund with the amendments resulting from the new situation.

Article thirty-six.

The obligation to list of the staff in practice is born with the entry into this regime that bears the right to pay, and their incorporation into the situation of the active in the respective Career, Body or Scale, or to any another of the situations referred to in this Regulation, shall produce its automatic pass to the normal system of the officials concerned.

Article thirty-seven

One. The fee is the sum of money that the obligated subjects have to pay to the General Judicial Mutual Fund, and their amount will be determined by the application to the base constituted by the set of basic salaries, including the extraordinary payments, the type or types set or to be established.

Two. Two modes of quotas are distinguished, the basic and the complementary. The basic quota is that intended to finance the benefits listed in Article 10 of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, and the supplementary, which is established for the financing of the benefits of Article 11 of the same Royal Decree-law.

Article thirty-eight.

The applicable types for basic quota determination are as follows:

(a) Officials in active employment, special or forced leave, supernumerary, suspension, licences for studies or affairs of their own, or in invalidity, temporary or temporary incapacity, in any case, the two-twenty-five percent.

b) Officials on a voluntary basis, the eight-coma sixty-two percent.

c) Staff in practice, the two eat twenty-five percent.

d) Interim officials, the two eat twenty-five percent.

e) State Pensioners, the one eats seventy percent.

(f) Retirees who, lacking the State's liabilities, have been granted the status of mutualists of those who are members of the Mutual Group of Officials of the European Union for the purposes of the tariff arrangements. Administration of Justice, the eight-comma zero seven percent of the retirement that would have been for them to have been subject to pay regime.

Article thirty-nine.

The additional fee is the result of applying to the base, consisting of all the basic remuneration, including the extraordinary payments, the rate to be fixed by the General Assembly, on a proposal from the Governing Board. The type must be approved by the Ministry of Justice.

Article forty.

When the mutualist is in a situation in which he or she does not receive, or has opted for, remuneration other than those corresponding to him on account of his or her stay in Carrera, Body or Scale of judicial personnel, (a) shall be based on the sum of basic remuneration, including extraordinary payments, which would correspond to it being in an ordinary asset situation.

Article forty-one.

Surplus volunteers will pay as a basic fee the result of applying to basic remuneration, including the extraordinary payments that they would have received from continuing in the active service, the type established.

The additional quota of the surplus volunteers, as a result of applying to the base, determined in accordance with the rule of the previous paragraph, the rate fixed by the Assembly, will be added with the quota supplement which, Proposal of the Governing Board, set the Assembly and approve the Ministry of Justice.

Article forty-two.

The base consists of the set of basic remuneration, including the extraordinary payments. In the case of pensioners, the base shall consist of the amount of the pension, and where entitlement to two or more pensions is entitled, the pension shall be determined by the amount of the highest pension that is caused by the pension. provided to the Administration of Justice.

The basis for determining the quota to be paid by retired persons without a pension from the State shall be the pension that would have been paid to them if they were in receipt of the system of passive rights.

Article forty-three.

The collection of quotas for individual, basic and complementary contributions may be made:

a) On a voluntary basis, and

b) By court award.

Article forty-four.

The collection of voluntary period quotas will be made subject to the following rules:

(a) In the case of officials in active, surplus, special or forced and subtracted, by retention by the respective Enabled.

(b) In the case of a mutualist in a supernumerary situation, leave on a voluntary basis, use of a licence without a right to pay, pensioners and pensioners, by direct income in the Provincial Delegations or in the premises Central to the Mutuality.

The Mutuality may establish, with the character and extension that it deems appropriate the collection in voluntary period through Bank Entities or Savings Banks, through concert with these Entities.

Article forty-five.

One. The retention of fees collected by the Enablement shall be simultaneous to the settlement and credit of the officials.

Two. The payment of the quotas in the form of direct income shall be carried out in a single act by due monthly payments, within the month following the accrual.

Article forty-six.

One. The Enabled, obliged to return the fees corresponding to the individual contributions, will be responsible for their income in the provincial or central dependencies of the General Mutuality, or in the Banking Entities or Savings Banks, marked by that. The income will be made within ten days of retention.

Two. The entry of the individual withheld quotas shall be made by means of a nominal ratio of the officials obliged to the payment, specifying the Body or Scale to which it belongs, the contribution base, the rate applicable and the amount of the quota.

Three. They shall keep a copy of the ratio referred to in the preceding number, at the disposal of the General Mutual Fund for examination and verification, and shall also keep the supporting documents for the period of time of limitation. the quantities retained.

Article forty-seven.

One. Non-entry fees, after the period referred to in Article 40 (2) and (5), shall be paid in arrears in accordance with the following rules:

a) Revenue made within the month following the termination of the ordinary term shall be charged at 10 percent.

(b) The income that is due in the previous period shall be at a rate of 20%.

Two. Where, by mistake or omission not guilty, the Enablement does not make the retention in the form of the number one of the Article forty-five, it shall be carried out within the following month without charge. If the lack of retention is attributable to the Enabled, and shall not be remedied within the following month, the surcharges laid down in the preceding number shall apply.

Article forty-eight.

One. Due to the time limits laid down in Article forty and seven, without having satisfied the fees and the surcharges of arrears, the debtor will be formally required to pay, in order to make the quotas effective and surcharge within a period of 15 days. After this period has not been paid, the levy shall be charged on the basis of the award.

Two. The award path will be judicial, corresponding to the jurisdiction of the District Judge of the debtor's domicile through the proceedings of the award procedure. The certificate of discovery issued by the Director of Services to which the economic management is responsible shall be enforceable, with the agreement of the President or the Manager.

Three. In any event, it will be necessary, in addition to the quota, the surcharge of twenty percent and the costs that will lead to the route of the award.

Article forty-nine.

Without prejudice to the collection by the award of accrued and unpaid dues, and of surcharges and costs, the mutualists voluntarily incorporated into the Mutual Fund shall be reduced to the same when they leave. six months without paying the fees.

Mutualists who have caused low default in the terms expressed in the preceding paragraph may call for reentry into the Mutual Fund, paying the outstanding fees and corresponding to the time in which they do not belonged to the Mutuality, until the date of re-entry, duly updated the bases and rates according to the rules in force at the time of the reinstatement. The settlement will be increased by a 20 percent surcharge.

Article fifty.

One. The right of the General Mutuality to determine the individual quota and the action to require payment of the settled quota shall be prescribed at the age of five. Time limits shall be calculated from the date of the accrual or from the date on which the voluntary payment period ends, and shall be interrupted by any action aimed at fixing the quota or its enforceability, which the Organs The peripheral or central of the Mutuality or the Enabilitados, with knowledge of the obligation to pay.

Two. Those who are obliged to pay the contributions resulting from the individual contribution and, where appropriate, the Enabled, shall be entitled to the full or partial refund of the quotas or the undue excess thereof, which shall be liable to pay miscalculated or miscalculated. The right to return will be prescribed at the age of five, computed from the day on which the undue payment was made and this period will be interrupted by any feisty act of the obligated or retentor directed to obtain the return. The return may also be automatically agreed upon by the General Mutuality within the limitation period.

Section 4. From the State's contribution

Article fifty-one.

The contribution of the State, which corresponds to the officials who perceive their assets in payroll, will be made by determining the corresponding amount. The sum of these amounts in the payroll will be used for the competent organs of the Public Finance; at the same time to the booksellers of the payroll, to make another to the Judicial General Mutual for the corresponding contribution of the State.

The State's contribution, which corresponds to the mutualists who do not perceive their assets by payroll, will be made effective through the presentation by the Mutuality to the General Budget Directorate of the corresponding relationship, with the precise and duly quantified data. The Directorate-General for Budgets shall deliver the amount of the State contribution on a monthly basis in favour of the Mutual Fund.

CHAPTER III

From protected quotes and benefits

Section first. Common provisions

Article fifty-two.

One. The mutualists and, where appropriate, the economically dependent family members of the same who are within the relationship of relationship established in this Regulation, are protected in the contingencies of health alteration, by means of the set of health and pharmaceutical benefits provided for in this Social Security system.

Two. The benefits provided for in this Regulation are also protected under the following contingencies:

-Incapacity, invalidity and non-determinative disability or disability injuries, and

-Family situations or loads.

Article fifty-three.

The General Judicial Mutuality, by agreement of its General Assembly, and on the proposal of the Governing Board, may extend the table of protected contingencies, in the terms provided for in Article 11 of the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight.

Article fifty-four.

The contingencies referred to in the previous article, and the corresponding benefits table, are complementary, and will be financed by different funds, and by differentiated economic and accounting systems, from the which are regulated in the eighth and thirteenth articles, and in the terms of the second article, all of the Royal Decree-law sixteen/thousand nine hundred and seventy-eight.

Article fifty-five.

The benefits in charge of the General Judicial Mutuality may not be the subject of assignment, embargo or compensation, except in the case of obligations or liabilities incurred by the mutualist in application of this regime. (a) special social security or obligations to provide food in favour of the spouse and children.

Article fifty-six.

Health benefits are incompatible with any other of the same nature that cover in full the same contingency as the mutualist, or the beneficiary, may be entitled to.

Article fifty-seven.

The recognition of the right to benefits corresponds to the Mutual, ex officio or at the request of the person concerned.

The right to the recognition of basic benefits prescribes at five years from the day following that in which the determining factor of the benefit takes place. However, the right to recognition of the health benefits of Article 60 and six of this Regulation shall be prescribed for the year.

The right to receive benefits, whatever their class, recognized and quantified, both the amount of the amount for once and the periodic ones, they prescribe at the five years computed, respectively, from the day following the day on which they were notified to the person concerned, or from the date of their respective maturity.

Article fifty-eight.

Acts which recognise or grant benefits shall be reviewed ex officio or at the request of the person concerned, in the event of an error in the recipient, in the factors taken into account for the quantification of the benefit or in the operations arithmetic.

The refund of the unduly paid to the mutualist or to its beneficiaries will be payable in the form established for the collection of the quotas, although the surcharge of arrears will be the one established for the debits to the Administration Public.

The review referred to in this article may be done at any time, but the return or payment of benefits will have the limitation of the five years.

Section 2. Healthcare

Article fifty-nine.

Health care is intended to provide medical, hospital, surgical, pharmaceutical and rehabilitation services aimed at preserving, preserving or restoring the health of persons covered by the health care system. Social security scheme.

Article sixty.

Health care will be provided in cases of common or professional illness and injuries resulting from accidents, whatever their cause, as well as in pregnancy, childbirth and puerperium.

Article sixty-one.

The mutualists falling within the scope of the Social Security regime established by the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight are entitled to medical assistance in any case of common illness or professional, accidents, whatever their cause, and in the cases of pregnancy, childbirth and puerperium.

Article sixty-two.

One. Family members of the mutualists included in one of the sections of the following number, who are economically dependent on those who do not have their own right to health care, by means of any of the schemes that make up the security system Social, they fall within the scope of protection established in the Royal Decree-Law sixteen/thousand nine hundred and seventy-eight, in respect of the following benefits:

a) Medical, hospital, surgical, and pharmaceutical assistance due to illness and common accident.

b) Assistance in pregnancy, childbirth, and puerperium.

Two. Family members are beneficiaries of the assistance referred to in number one, provided that they are economically dependent on the mutualist and are not covered by another social security system, the following:

a) The spouse.

b) Children, whatever their class, under the age of twenty-one years.

c) Children permanently disabled for any job, without age limit.

d) The ascendants of the mutualist or his spouse.

e) The orphaned brothers, under the age of eighteen, and Ios of this age, also orphans, permanently incapacitated and in absolute mode for all work.

Article sixty-three.

Health care will be provided in the form established by the General Judicial Mutuality and may be provided, directly by the services organized by the Mutuality, by means of concerts with public or private entities, or establishments of one or other nature. The provision of assistance shall be accommodated to the needs of the mutualists and beneficiaries and different modalities may be established for outpatient and hospital or surgical assistance.

Article sixty-four.

The family members included in Article 60 and two shall be entitled to health care from the moment the Mutuality has recognized their quality as beneficiaries:

The mutualist will request from the Mutuality the recognition of the beneficiaries in charge, facilitating nominal relation, kinship, age, economic situation and how many other data are of interest or are requested. The determinants of high or low in the quality of the beneficiary shall be communicated to the Mutuality within 10 days of the date on which they occur.

Without prejudice to the other actions that may be appropriate, the Mutual Fund shall be reintegrated with the costs of healthcare, provided to those who have benefited without entitlement to it. The refund shall be required directly from the person who has covered the assistance, who shall pay the corresponding charge within the time limit fixed by the Mutual Fund.

Article sixty-five.

Surgical, medical, medical, hospital, pregnancy, delivery and puerperium care will have at least the extension established in the General Social Security Regime.

The treatment regime and hospitalization assumptions will be regulated by the General Judicial Mutuality, depending on the forms of organization of the service.

Article sixty-six.

The Judicial General Mutual Fund shall not cover the costs incurred or may cause the use of health services other than the same.

When medical, hospital or surgical services are requested, to which the mutualist or the beneficiaries are entitled, they are not provided or are in a manifestly inadequate manner, may be addressed to the Mutuality, and if the health care has been refused unjustifiably, the mutualist shall be entitled to the payment of the costs of those services which are necessary in accordance with the criteria of assessment established by the Mutuality or, failing that, applied by the Social Security Entities.

Where the use of medical services other than those established by the Mutuality has its cause for reasons of urgency or of a vital nature, the person concerned shall have the right to be paid these services, valued according to the criteria of the preceding paragraph.

The Mutuality may allow, in general and if the circumstances so advise, that the health care be provided by Services, Entities or persons other than the Mutuality, but in such case the mutualist only credit entitlement to the amounts shown in the previously established scales to be paid to it.

Article sixty-seven.

The pharmaceutical supply comprises the master formulas and proprietary medicinal products, without other exclusions than those laid down in the General Social Security Regime.

The dispensing of medicinal products shall be free of charge to the mutualist or beneficiary, when performed at the closed Centers or Establishments, in agreement with the Mutuality.

In all other cases, the mutualists or beneficiaries will contribute by paying thirty percent of the sales price to the public of the prescription drug. This percentage may be reviewed by the Government, on a proposal from the Minister of Justice, after a report from the Ministries of Finance and Health and Social Security, and on the initiative of the General Judicial Mutuality.

Section 3. Incapacity for work

Article sixty-eight.

The incapacity for work, in its transitional, provisional and permanent arrangements, provided for in this Regulation, shall consist of the lack or reduction of the psycho-physical integrity of the mutualist with a view to the situation. economic-professional of the official.

Article sixty-nine.

The mutualist who will be in a situation of temporary incapacity for work will be entitled, for as long as he remains in it, to an additional economic benefit of the income he receives, which will guarantee him a hundred percent. (i) a number of basic remuneration. Where psycho-physical normality for the normal development of professional activity is not restored and the conditions for compulsory retirement are given for invalidity, the additional benefit shall cease with effect from the date on which the retirement.

The situation of temporary incapacity for work may in no case be longer than eighteen months.

Article seventy.

The mutualist who has exhausted the maximum time of temporary incapacity and has not obtained the retirement for physical futility, will move on to the situation of provisional invalidity.

The amount of the interim invalidity benefit shall be governed by the provisions of the transitional incapacity.

If the health is not restored and the conditions of the forcible retirement are met, the situation of provisional invalidity shall cease, with effect from the date of that.

Article seventy-one.

The official who, because of a psycho-physical or functional decrease, will be incapacitated for the performance of the function and will pass on to the situation of retiree, will have the right in concept of permanent invalidity to a supplementary benefit of (a) to be entitled to a liability for liabilities, which shall supplement up to one hundred per cent of the basic remuneration which, if it continued to be active, would correspond to it.

Article seventy-two.

The declared invalid mutualist shall be entitled to a life benefit, as set out in the previous article, added to a monthly amount equal to 50% of the pension (i) the right of retirement to be granted to you under the laws of Passive Rights.

Article seventy-three.

When the mutualist, in a situation of incapacity for work, in any of its forms, even the great invalidity, does not perceive assets or liabilities, to be governed or governed by the remuneration system, the benefits provided for in the above Articles shall be calculated by reference to those which would have been paid by a paid official of the same Body and category and with equal services.

Article seventy-four.

The injuries, mutilations and deformities of a definitive nature caused by occupational disease or act of service or as a result of him, by accident or by specific risk of the charge, without giving rise to a situation of inability to reduce or alter the physical integrity, they will be entitled to compensation, for one time, consisting of a raised amount.

For the qualification of the injury, mutilation or deformation and for the fixing of the compensation, it will be established in the General Regime of Social Security.

Article seventy-five.

Mutualists shall also be entitled to benefits in respect of professional recovery, diminished, altered or lost, as a result of occupational or common illness or by accident in service or at risk specific to the charge.

Recovery capabilities are as follows:

a) Functional Rehabilitation, and

b) Guidance, training and retraining.

These benefits are compatible with established economic conditions for incapacity for work.

Article seventy-six.

Inabilities, non-invalidating permanent injuries and their review, will be declared by the General Mutual in Procedure, with an audience of the interested party, to which the opinions or medical reports of the services of the Mutuality or those other that are available.

Section 4. Marriage and birth

Article seventy-seven.

The General Judicial Mutuality shall grant to its mutualists, by reason of marriage and without distinction of sex, an equal benefit, at least, in its amount, to that established in the General Regime of Social Security.

Article seventy-eight.

The mutualists shall be entitled, at the birth of each child and in charge of the Mutuality, to an amount raised, the amount of which shall be equal, at least, to the amount established in the General Social Security Scheme.

Article seventy-nine.

The marriage allowance is incompatible with any other similar provision on the grounds of another social security scheme, although by virtue of its personal nature, it may be perceived by both spouses in the event that they are in they are the circumstances required to have the status of beneficiaries.

The birth allowance, for each birth, can only be perceived by one of Ios spouses. When in application of the Social Security regime established in Royal Decree-law sixteen/thousand nine hundred and seventy-eight, or of any other, both spouses meet the conditions of the beneficiary, they shall opt for one of them.

Article eighty.

The recognition of the right to benefits or benefits of marriage and birth shall correspond to the mutual benefit and shall be granted at the documented request of the person concerned, which must be formalized within the year following the marriage or birth.

Section 5. From social assistance

Article eighty-one.

The General Judicial Mutuality will establish a Social Assistance Fund for the financing of aid measures integrated into the social protection action. This Fund shall be integrated into the following amounts:

(a) Those resulting from the application of the types of contribution that the General Assembly has in each exercise, on a proposal from the Juntada Government.

b) Those that come from the late fees in the payment of the mutual fees.

c) Donations, inheritances, and legacies for this purpose.

Article eighty-two.

One. The Social Assistance Fund, within its limits and the budget forecasts, will be dedicated to those exceptional situations of extreme need in which the mutualists or the relatives in their care can be found.

Two. These aids will be for one time and their recognition will not in any case imply the right to continue receiving them, on a regular basis.

Three. The grant shall be the responsibility of the Governing Board, at the request of the person concerned and on the basis of the information it deems appropriate.

CHAPTER IV

From the Financial Regime

Article eighty-three.

The shares, assets, rights, actions and resources of any other class of the General Judicial Mutual Association constitute the patrimony of the same, distinct from the patrimony of the State, and will be affected to the fulfillment of the purposes that are own.

Article eighty-four.

The financial system of the General Judicial Mutuality is the distribution system, and its quota, periodically reviewable. The corresponding levelling and guarantee funds shall be provided, in cases where the nature of the benefits so requires.

Article eighty-five.

The annual budgets of expenses and income of the General Judicial Mutuality, once approved by the General Assembly, will be forwarded to the Minister of Justice for the processing to be carried out in accordance with the General Law Budget.

Article eighty-six.

The budgetary allocations for administrative expenses of the General Judicial Mutual Fund may not exceed five percent of the resources provided for the corresponding economic year.

Article eighty-seven.

If there is a need for some expenditure that cannot be deferred until the next financial year and there is no credit to deal with it or is insufficient, an extraordinary credit or a credit supplement will be requested. in accordance with the rules laid down for the approval of the budget to be authorized by the Minister for Finance, on a proposal from the Court of Justice, where the amount of the budget is not more than two per cent of the expenditure chapter of the budget; and the Government, where, exceeding that percentage, does not exceed five per cent.

Article eighty-eight.

The Memory, balance sheet and budget, once approved by the Assembly, will be referred to the Ministry of Justice for elevation to the Government.

The annual accounts of the Mutual Fund shall be sent to the Court of Auditors of the Kingdom within six months of the end of the financial year to which they correspond.

Article eighty-nine.

Decisions on investment, disposal of assets and credit operations, with effect within the period of validity of a budget, will correspond to the Governing Board when they are within the limit of the two (a) a percentage of the expenditure chapter of the budget, and if it exceeds this percentage, shall correspond to the Assembly.

CHAPTER V

Legal regime

Article ninety.

The acts of the President of the Mutuality, those of the Provincial Delegates and those of the Manager and Directors of Services, are, within a fortnight, recourse to the Governing Board.

Against the acts of the General Assembly and the Governing Board, the Minister of Justice has a 15-day appeal to the Minister of Justice, and his resolution depletes the administrative path.

Article ninety-one.

The conduct of the mutualists, which is detrimental to the interests of the Mutuality, or its good credit or reputation, and those that result in the obtaining of undue benefits, by means of fraudulent acts, both by commission By default, punishable offences shall be deemed to be punishable in accordance with the provisions of the following Articles.

Article ninety-two.

The violations typified in the previous article will be sanctioned in weight of the seriousness of the conduct, according to the following scale:

-Warning.

-Apperception.

-Multa of up to five thousand pesetas.

-Suspension of one month to one year in the mutual benefits.

-Reduction of capabilities.

-Privatisation of the capabilities.

Article ninety-three.

One. They shall be competent to resolve the disciplinary proceedings initiated by the Organs which, in accordance with the respective organic rules, exercise disciplinary jurisdiction as to the personnel of the various Bodies, Careers or Scales. However, if the penalty is higher than the fine, the jurisdiction shall in any event be attributed to the Governing Board of the Supreme Court or the relevant Territorial Court.

Two. The opening order shall be the responsibility of the President of the Mutual Fund and the procedural rules laid down in the relevant organic provisions shall apply.

Article ninety-four.

The disciplinary liability of the mutualists who, by reason of their situation, are not subject to the disciplinary jurisdiction referred to in paragraph 1 of the previous article, and incur any of the conduct typified in the nineties and one, shall be enforceable by procedure, with an audience of the data subject, instructed by one of the members of the Governing Board or by a Director of Services, assisted by an official who shall act as Secretary.

The decision shall be for the President, where the penalty is not greater than fine, and, in another case, the Governing Board.

TRANSIENT PROVISIONS

First.

The mandate of the first Assembly established in accordance with the rules laid down by the Minister of Justice for the implementation of the General Judicial Mutuality will last for two years, and, at its conclusion, will assume its functions of the General Assembly previously elected in the form and composition provided for in the fourth article of this Regulation.

Second.

The Mutualities that make up the Mutual Pool of Officials of the Administration of Justice will cease in the provision of health care on the same date as the General Judicial Mutuality begins to do so, where the Ministry of Justice is concerned to adapt the number of decisions resulting from the transfer of functions.

Third.

The age limit laid down in Article 60 and two, two, (b), shall be understood as referring to the age of twenty-three for the children of those who are entitled to be a mutualist to the entry into force of this Regulation.

Given in Madrid to three November thousand nine hundred and seventy-eight.

JOHN CARLOS

The Minister of Justice,

LANDELINO LAVILLA ALSINA