The twenty-nine hundred and seventy-five, twenty-seventh of June Law, which establishes the Special Regime of Social Security of civil servants of the State, determined in its second provision second that " the Social security of the staff at the service of the Administration of Justice shall be governed by a special law, adapted to the guidelines of this Law and in the form of mutualism, through a Mutual of Officials of the Administration of Justice. "

The legal mandate and the obvious imperfections that the social protection system that protects officials at the service of justice accuse of making every necessary point the immediate enactment of this Royal Decree-Law, even so that the urgent and undeferred health care is delivered in an effective and unitary manner to such an important collective of officials.

The special regime that is established will eliminate the current deficiencies in health benefits and facilitate the progressive improvement of the system, warning that its fundamental guidelines, which the tendency to unity, the participation of those interested in the government of the new Mutuality and the provision of the necessary economic coverage by the State, respond to the inspiring criteria of the aforementioned Law twenty-nine/thousand nine hundred and seventy-five, with which the Administration of Justice is inserted into the general scheme of the Spanish Social Security.

The present Royal Decree-law creates a General Mutual Law, which will immediately cover all contingencies arising from the alteration of health, incapacity for work and family burdens, without prejudice to any provision already made, formally and as a prudent solution to the guaranteed rights of acquired rights, the possibility of integrating into that one the different Mutualities that constitute the Mutual Grouping of Officials of the Administration of Justice, the which will determine the conditions under which the integration will take place, future perception of the corresponding benefits.

In its virtue, and after deliberation of the Council of Ministers at its meeting of the nineteenth day of May of a thousand nine hundred and seventy-eight, in use of the authorization granted by article thirteen of the Law Constitutive of the Courts, Recast text approved by Decree of twenty April thousand nine hundred and seventy-seven, and heard the commission referred to the number one of the second transitional provision of Law one/thousand nine hundred and seventy-seven, of four of January, for the policy reform,

DISPONGO:

Article first.

One. The staff at the service of the Administration of Justice is subject to the special regime of Social Security established in this Royal Decree-Law.

Two. The officials included in the Laws eleven/thousand nine hundred and sixty-six, of eighteen of March; thirty-three/thousand nine hundred and sixty-six, of thirty-one of May; Royal Decree two thousand, are compulsorily included in the special regime. one hundred and four thousand nine hundred and seventy-seven, twenty-nine in July; article thirteen of the Royal Decree four hundred and ninety-two/thousand nine hundred and seventy-eight, of two March, and the interim and practical staff at the service of Justice, with the extension and in terms to be regulated.

Article 2.

One. The coverage mechanisms regulated in this Royal Decree-Law, to protect the various contingencies foreseen, are independent and compatible with the systems of Passive Rights and Family Aid, which will be governed by their specific rules. They shall also be compatible with those of the Mutual Mutual Groups of Officials of the Administration of Justice, which, as a matter of obligation, provides assistance and social security for their members, as well as with any other of the same or different nature. However, the contingencies and benefits related to the ninth and ten items will cease to be covered by the Mutual Benefit Pool since the entry into force of the special regime established in this Royal Decree-Law.

Two. The public resources of a diverse nature recognized to the Mutualities integrated in the Grouping and the quotas that the mutualists pay to those, in accordance with the provisions of the article twenty-five of the Law eleven/thousand nine hundred and sixty and Six, of eighteen of March, are independent of the contributions that are regulated in the present Royal Decree-Law.

Third item.

One. The special social security regime that is implanted in this Royal Decree-Law will be managed through a Mutuality attached to the Ministry of Justice, which will be called the General Judicial Mutuality.

Two. The General Judicial Mutuality is a legal person governed by public law, excluded from the scope of the Law of Legal Regime of the Autonomous State Entities, of twenty-six of December of one thousand nine hundred and fifty-eight, which has legal capacity and own assets for the fulfilment of its purposes and shall enjoy tax exemption, the benefit of the procedure for poverty, the postal allowance and the special telegraphic rate, all in the same way as the State.

Article 4.

One. The government and administration of the General Judicial Mutuality is the responsibility of the General Assembly, the Governing Board, the President and the Manager.

Two. The Assembly is the supreme organ of the Mutuality and will be constituted by the compromisaries who, representing the different Careers and Bodies in the service of the Administration of Justice, choose the mutualists in the form that Regulation is determined.

Three. The Governing Board, management and management body, shall be composed of:

A) The President of Mutuality.

B) A Counsellor for each of the following groups designated by the General Assembly.

First. Judicial career and District Judges.

Second. Career Tax, Letters from the Ministry of Justice and District Prosecutors.

Third. Secretaries of the Administration of Justice and Forensic.

Fourth. Officers of the Administration of Justice.

Fifth. Auxiliary to the Administration of Justice.

Sixth. Agents of the Administration of Justice.

C) The Treasurer and the Secretary, who will be appointed by the General Assembly in the manner that is regulated by law.

D) The Interventor, to be appointed by the Minister of Justice.

Four. The President is the organ of representation of the General Judicial Mutuality, presides the collegiate organs in it and will be appointed by the President of the Supreme Court, on a proposal, in terna, of the General Assembly, among officials legal or tax-active, with a category, at least, of a Magistrate of that High Court.

Five. The Manager, executive organ of the Mutuality, will perform the leadership of the administrative, technical and economic services, under the immediate dependence of the President, will be appointed by the Government Board, on a proposal from that, without need of who is a mutualist, and will be a technical and paid position.

Article 5.

The officials of the State Administration or the Administration of Justice who will serve in the General Judicial Mutuality will remain in the situation of active service in the bodies, scales or squares. from provenance.

Article 6.

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 the latter, shall be regulated by regulatory means.

Item seventh.

One. The officials referred to in the first article of this Royal Decree-Law, in the situation of assets, special or forced excess, supernumerary or suspension of functions, shall be compulsorily incorporated, as mutualists, to the General Mutual Judicial.

Two. Those who are or move on to the status of voluntary leave shall acquire or retain, respectively, the status of a mutualist, with equal rights, provided that they satisfy, in their capacity, the shares and contributions of the State concerned, as well as the special supplement to be established by the Governing Board for such cases, without prejudice to the rights that have been established.

Article 8.

The contribution of the General Judicial Mutuality, which will be compulsory for all Mutualists, will consist of the two-fifth comma of the contribution base, consisting of the basic remuneration received by the Court of Justice. official or that you would need to have continued on the active service.

Article ninth.

Contingencies protected by the Social Security regime established by this Royal Decree-Law are as follows:

a) Health disturbance.

(b) Transitional capacity for the service resulting from illness, accident, common accident or act of service or as a result of it.

c) Provisional or permanent validity in the same previous assumptions.

d) Family loads.

Article ten.

One. The benefits to be covered by the General Judicial Mutuality shall be as follows:

a) Healthcare.

(b) Temporary temporary incapacity for service or temporary invalidity.

(c) Recovery benefits for total permanent incapacity, absolute and great invalidity, and for the remuneration of staff in charge of the assistance of the great invalid.

(d) Regular or indemnification for injury, mutilation or deformity caused by occupational disease or act of service or as a result of it.

e) Social benefits and social assistance.

f) Bridal benefits.

g) Birth benefits.

Two. Health care is intended to provide medical, surgical, hospital and pharmaceutical services conducive to the preservation, recovery or restoration of the health of judicial officers covered by this security system. Social, as well as family members who are economically dependent on them and do not have the right to healthcare through any of the regimes that make up the Spanish Social Security system.

Health benefits shall have the extent and scope determined or determined in the general social security system. The beneficiaries of the pharmaceutical benefits shall participate by payment of a percentage of the terms to be established.

Healthcare will be provided through services that are dependent on the General Judicial Mutuality, by virtue of concert with other public or private entities or establishments or by concert with institutions of the Social Security.

Three. The other benefits referred to in paragraph 1 of this Article shall be established by the Royal Decree, on a proposal from the Ministry of Justice, and shall be recognised with the same extent as in the general social security system of the public officials.

Item eleven.

One. The General Judicial Mutuality may extend the protected contingency table and include the following coverage benefits:

a) Death Allowance.

b) Supplementary pension pension.

c) Supplementary pension for widower.

d) Supplementary pension or orphan's allowance.

e) Study grants.

f) Other than those that could be established to meet the needs of the mutualists.

Two. The amount and scheme of the benefits listed in the previous paragraph shall be established by the General Assembly of the Mutuality, on a proposal from the Governing Board, and shall be regulated in accordance with the provisions of this Royal Decree-Law.

The death allowance and supplementary pension and widow's pensions shall in any case be determined on the basis of the basic remuneration and the time of contribution of the mutualist.

Article twelve.

One. For the purposes of financing the benefits provided for in the preceding Article, the General Assembly shall, on a proposal from the Governing Board, fix the rate of contribution applicable to a base constituted by the basic remuneration of the mutualists. it will have to be approved by the Ministry of Justice.

Two. The funds from the quotas referred to in Article 8 and the contribution from the State established in the following shall not be applied for such funding.

Article thirteen.

The State will provide for the financing of the benefits of Article 10 by six to seven percent of the total amount of the basic remuneration received by the judicial staff who have received the Mutual Mutual Fund, and the State will contribute to the financing of the benefits of Article 10 of the Treaty. In any case, it shall be independent of the grants referred to in the third paragraph of the following

.

Article fourteen.

The economic resources of judicial mutual benefit are as follows:

First. State contributions as set out in the previous article.

Second. The quotas of the mutualists.

Third. Grants, inheritances, legacies or donations of any nature.

Fourth. The goods it acquires and its fruits, incomes and interests.

Article fifteen.

One. The legal regime applicable to the acts of the organs of the Mutuality is that established in the Law of Administrative Procedure, understanding that the acts of the assembly and of the Board of Government are exhausted.

Two. Against the agreements of the President and of the Manager it is possible internal recourse to the Board of Government.

Three. The acts of the General Assembly and the Governing Board shall be made available to the Minister of Justice, whose resolution shall exhaust the administrative path.

ADDITIONAL PROVISIONS

First.

The Mutualities that make up the Mutual Pool of Officials of the Administration of Justice will subsist with their current regimes and sources of financing, without any other modification than that established in the article. second of this Royal Decree-law.

However, the expressed Mutualities, after agreement adopted by each of them, in accordance with the regulatory norms that regulate them, may be integrated into the General Judicial Mutuality established in this Royal Decree-law, determining the Mutual Pool of Officials of the Administration of Justice the conditions under which the integration will take place.

The integration will be approved by the Ministry of Justice, following a report by the Supreme Court's ruling Chamber and the Ministries of Finance and Health and Social Security.

Second.

The same Mutualities shall review and accommodate, where appropriate, the rates of contributions of their mutual societies in respect of the benefits to be provided by the General Judicial Mutual Fund.

Third.

One. The benefits provided for in Article 10 (a) and (e) of this Royal Decree-Law shall also be provided to pensioners, widows and orphans under the age of twenty-one or more disabled for the work they receive. pensions of passive classes of the State and do not have equivalent Social Security coverage through another scheme.

For the financing of these benefits the beneficiary will participate with the one coma seventy percent of the pension that has recognized by the State and is with the six coma thirty-seven percent.

Two. They shall also be entitled to the benefits laid down in Article 10 (a) and (e) of the number one of the present Royal Decree-law pensioners who, lacking any liability for having been subject to the tariff arrangements, have, However, the status of a mutualist of any of the Mutualities that make up the Mutual Pool of Officials of the Administration of Justice.

For the financing of these benefits the beneficiary will assume both the participation in his or her charge and the contribution of the State.

FINAL PROVISIONS

First.

The Government, on a proposal from the Minister of Justice, will dictate the precise rules for compliance with the provisions of this Royal Decree requiring the rank of Royal Decree.

The Ministry of Justice will dictate the provisions that do not require such a rank, with report, if any, from the Supreme Court's Governing Chamber.

Second.

One. The Minister of Justice, at the entry into force of this Royal Decree-Law, will appoint a provisional management body, constituted by a President and three Vocals, for the implementation of the General Judicial Mutuality, which will cease in its functions after the establishment of the bodies established in the fourth article.

Two. The Minister of Justice may, on a provisional basis, lay down the rules requiring the implementation of the General Judicial Mutuality.

Third.

The benefits established in this Royal Decree-Law will be effective in the time and extension that will be determined in the Regulation to be approved within one month of the enactment of this Royal Decree-Law. Decree-law.

Health care will be effective, in any case, from the entry into force of the Regulation.

Fourth.

The Government, on a proposal from the Ministry of Finance and the Justice initiative, may accommodate the rates and percentages determined in the eighth and thirteenth articles and the additional provision third to the In the future, the legal basis for basic remuneration or social security is to be fixed.

REPEAL PROVISION

The provisions of this Royal Decree-Law, which will immediately be given to the Courts, are repealed.

Given in Madrid to seven in June of a thousand nine hundred and seventy-eight.

JOHN CARLOS

The President of the Government,

ADOLFO SUAREZ GONZALEZ