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Law 46 / 2015, Of 14 Of October, By Which Is Modified The Law 39 / 2007, Of 19 Of November, Of The Career Military.

Original Language Title: Ley 46/2015, de 14 de octubre, por la que se modifica la Ley 39/2007, de 19 de noviembre, de la carrera militar.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

The final provision of the Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces, states that within six months of its entry into force, " the Government will forward to the Congress of Deputies a bill for the reform of the transitional regime of the Law of the Military Race, after the experience acquired in its application "and that" to these effects, the Defense Committee of the Congress of Deputies will issue a The Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European (a) in respect of the promotion and change of scale, promotion, seniority, transition to the reserve status and academic recognition of the training acquired, as well as the withdrawal of disabled staff, whereas, where appropriate, the relevant economic effects. "

The Defence Committee approved, at its meeting on 9 July 2014, the report of the Subcommittee on the Reform of the Transitional Regime of Law 39/2007 of 19 November of the Military Race, in which the scope of the The term of office of the legislator, an analysis of the proposals made both in relation to each of the subjects included in that and with other subjects contemplated in the law of the military career. This analysis concluded with the formulation of various proposals that are now included in this legislative amendment, thus fulfilling the mandate contained in Organic Law 9/2011, of July 27.

With this reform we define the effective linkage of military personnel who move to retired in special circumstances through their voluntary affiliation to the Armed Forces, allowing them to achieve successive honorary promotions; the granting of employment to retired non-commissioned officers who were not able to avail themselves of the additional provision of the Law of the military career; the conditions for the increase are modified as they move on to the reserve situation; it is extended in two years (a) to meet the requirement of more than thirty-three years from the time of entry into the Armed forces for the voluntary pass to the reserve at the age of 58 for certain bodies and scales; the access to the permanent condition of the military complement is facilitated and the granting of an honorary job to personnel is established He went directly to the situation of retired without going through the reserve situation, provided that when he went on retirement he would have twenty years of service time since the acquisition of the condition of professional military, and in any case for the who did so in act of service.

On the other hand, after more than seven years since the entry into force of the Law of the Military Race, it is considered necessary to clarify or detail issues that the experience has shown insufficiently defined. In this way aspects related to the recovery of casualties in the training centers, the assessment of merit in the promotion processes, the need for specialization from certain jobs, the need to regulate (i) the provision of services and the provision of destinations and commissions in exceptional circumstances, the unification of the criteria in the field of the application of the rules of procedure, the rules governing the application of the rules of procedure; (a) a decision on appeals relating to files of psycho-physical conditions, the system of (a) the date of the acquisition of the military status of troops and mariners, as well as the possibility that the military personnel may request the reduction of the amount of the specific supplement for the purposes of the Law 53/1984 of December 26, of Incompatibilities of Personnel to the Service of Public Administrations.

Single item. Amendment of Law 39/2007 of 19 November of the military career.

Law 39/2007 of 19 November of the military career is amended as follows:

One. Article 24 (1) and (2) shall be worded as

:

" 1. The Council of Ministers, acting on a proposal from the Minister of Defence, may, in exceptional circumstances or special circumstances, grant, on an honorary basis, the immediate employment of the military personnel who have withdrawn or resolved their commitment. Jobs of an honorary nature may also be awarded for a posthumous degree.

2. The initiative for the granting of jobs with an honorary character will be the responsibility of the Chief of Staff of the Defense or the Chiefs of Staff of the Army of the Earth, the Navy, and the Army of the Air, motivating the merits and circumstances that congran. The processing of the files shall include the report of the High Council of the corresponding Army.

In any event, a file shall be initiated for the award of higher employment with an honorary character and shall be granted to the military deceased in the act of service or to withdraw or resolve their commitment to permanent incapacity. for the service, provided that it occurs in service or as a result thereof, unless there is a reasoned proposal contrary to the granting of such employment, in which case the Minister of Defence shall agree on the possible elevation to the Council of Ministers. "

Two. A new article, 24 bis, is added with the following content:

" Article 24a. Honorific linkage with the Armed Forces.

1. In the light of the special circumstances which have prompted the withdrawal or the resolution of the commitment to permanent incapacity for the service, produced in service or as a result of the service, the military officer may be linked with honorific character with the Armed Forces.

2. The special circumstances referred to in the previous paragraph shall be determined on the order of the Minister of Defence.

3. The honorific relationship includes the attachment of the person concerned to the unit to be determined and, where appropriate, the granting of successive jobs with an honorary character with the limits and under the conditions which, according to his participation and collaboration with the membership unit, be established on the order of the Minister of Defense.

4. The granting of the honorific link shall be the responsibility of the Minister of Defence, at the request of the person concerned meeting the requirements set out in paragraph 1 above. The granting of the first employment with an honorary character shall be made in accordance with Article 24 of this Law, and the successive ones shall be granted by the Minister of Defense at the initiative of the Chief of Staff of the Defense and the Chiefs of Staff of the Army of the Earth, Navy and Air Force, in the field of their respective competencies, and prior report of the Superior Council of the corresponding Army.

5. The granting of such employment shall not have any economic effect and shall not entail any modification of the pension which the person concerned receives. '

Three. Article 56 (2) is worded as follows:

" 2. The selection bodies will not be able to propose the entry into the military training centres of a higher number than the number of places called. However, where there are resignations of the applicants selected before their entry, or, where appropriate, before the end of the period of orientation and adaptation to military life as set out in the call, the convening body may require of the selection body complementary to the applicants who follow those proposed for their possible appointment as students. The date of entry into the military training centres of training, as provided for in the previous paragraph, is reached and any other right arising from the selective process is extinguished. "

Four. Article 62 (1) is worded as follows:

" 1. The Ministry of Defense shall promote and facilitate the promotion processes that permit the change of scale and, where appropriate, of the body, of the professional military personnel who meet the required requirements. In these processes, the merits, including the time of service, will be assessed, will be reserved entrance places and, if necessary, will be provided facilities for obtaining qualifications of the general education system. In addition, an effective assessment of the professional experience and training will be carried out, with the corresponding qualifications, validations and equivalences or credits of university teaching. Such processes may be carried out with distance learning phases. "

Five. A fourth subparagraph is added to Article 75 (1) of the following

:

"The system of training and acquisition of these specialties will be established, which must allow the development of a career that recognizes the merits and trajectory of the members of the Armed Forces."

Six. A new paragraph 4 is added to Article 92, with the following content:

" 4. The measures necessary to ensure that the assessment bodies for the promotion are informed of the procedural situation of the assessed to the authority responsible for the granting of the same shall be laid down. '

Seven. Three new paragraphs 3a, 7 and 8 are added to Article 101, which shall be worded as follows:

" 3 bis. The victim of sexual harassment, abuse or sexual assault, after having agreed to the opening of the disciplinary procedure for a very serious or admitted failure to file the complaint for crime, will have the right to request a commission of service in a different unit or location of the location where the events occurred. "

" 7. The general rules for the provision of destinations may include the temporary allocation of destinations to the military in which exceptional circumstances of reconciliation of professional, personal and family life are present, based on health grounds, disability or dependence on the military or their family members. These destinations may be allocated without prior publication of the vacancy, under the conditions and with the limitations to be determined.

8. The military who are considered victims of terrorism, as provided for in Law 29/2011, of 22 September, of Recognition and Integral Protection to the Victims of Terrorism, will be entitled to the assignment of a new destination, in the conditions to be determined. "

Eight. A new paragraph is added, between the current first and second subparagraph of Article 111 (2), with the following content:

"The necessary measures shall be established to determine the cases in which the urgency procedure must be agreed upon in the procedures for the transition to the status of suspension of duties."

Nine. The second subparagraph of Article 120 (1) of Law 39/2007 is amended, which shall be worded as follows:

"The dossier, which shall include the opinion of the competent medical expert body, shall be assessed by an assessment body in each Army and elevated to the Minister of Defence, for the resolution to be taken."

Ten. A new paragraph 4 is added to Article 121 (and 4 as 5 is renumbered), with the following wording:

" 4. For the purposes of paragraphs 2 and 3 of this Article, the periods of relapse shall be computed, understood to exist where the affected cause falls for the service again within a period of less than six months and is a consequence of the same process pathologic, and therefore, a new period of temporary insufficiency is not initiated.

5. (...) "

Once. A second subparagraph is added to paragraph 4 of the additional provision tenth, with the following content:

" Sub-officers from the Corps of Understanding Understanding Officers may apply for the employment and seniority assigned to him or her in the course of aptitude for access to or on such scales. (a) to be in the form of an active service or reserve, and always with the limit that the dates of seniority in the jobs resulting from the rearrangement are prior to the date on which each one moved on to the situation of withdrawal and that it does not involve employment and seniority after the date on which the affected was 61 years of age age. "

Twelve. A new additional provision, the twelfth, is added with the following content:

" Additional Disposition 12th. Possibility for military personnel whose jobs are equivalent to remuneration to Subgroups A1, A2, C1 and C2 to request the reduction, on their own request, of the specific supplement.

1. The military personnel whose jobs are equivalent for the purposes of the Subgroups A1, A2, C1 and C2, falling within the scope of Royal Decree 517/1986 of 21 February 1986, of the system of incompatibilities of military personnel, may to apply to the Mandos or Chief of Staff of the Armies or to the Directorate-General of Personnel of the Ministry of Defense for those assigned to them in the structure of the Ministry of Defense and, in the case of the Civil Guard, to the General Subdirectorate of Staff of the Directorate-General of the Civil Guard, reduction of the amount of the specific supplement corresponding to the position they play in order to bring it into line with the percentage referred to in Article 16.4 of Law 53/1984 of 26 December of Incompatibilities of Personnel to the Service of Public Administrations.

2. Military personnel whose jobs are equivalent to remuneration for the A1 and A2 Subgroups occupying positions in Government members and senior positions of the General Administration of the State are excluded from this possibility. perform posts that have assigned target complement of level 30 and level 29. "

Thirteen. A fourth subparagraph is added to paragraph 7 of the fifth transitional provision, with the following content:

"The Government, analyzed the specific needs of the Armed Forces, will provide the necessary places to facilitate the permanence of the military complement."

Fourteen. The sixth transitional provision, which is worded as follows, is amended as follows:

" Transitional provision sixth. Promotions in reserve.

The lieutenants, the commanders and the captains who pass on to the reserve status from the entry into force of this law, belong to a scale in which the employment of colonel exists, do not have legal limitation for They will be able to obtain, if requested, the employment of Colonel, Lieutenant Colonel or Commander, respectively. They shall be granted in the reserve with effect from 1 July following the date on which they meet the conditions. '

Fifteen. The seventh transitional provision is amended, as follows:

" Transient disposition seventh. Promotion of non-commissioned officers to the employment of lieutenant.

1. All the non-commissioned officers who had obtained the employment of sergeant from 1 January 1977 and before 20 May 1999, date of entry into force of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, and which have no legal limitation to the employment of a second lieutenant, may obtain, upon request, the employment of lieutenant of the scales of officers of Law 17/1999, of May 18, which shall be granted to them with the date on which they would have passed or passed to the situation of reservation in the terms established in this law, with seniority, time of services and effects from the date of promotion, without prejudice to the following paragraphs 2 and 3.

2. Non-commissioned officers who have been promoted or promoted to the employment of a lieutenant with more than 58 years under this provision shall be granted such employment with seniority, service time and economic effects from the date on which they were such. In addition, the senior officers who would have moved on to the reserve status for six years in employment until 1 August 2013, will be granted the employment of a lieutenant with seniority, service time and economic effects from the date they were 56 years old.

3. The non-commissioned officers referred to in paragraph 1 who have passed or are subject to the reserve status pursuant to Article 113.3 may obtain, upon request, the employment of a lieutenant on the scales of officers of Law 17/1999, of 18 May, where they meet the requirements for the pass to the reserve set out in the eighth transitional provision, or in Article 113 (1) (b) and (4), all of this law, taking into account the time in reserve.

4. The non-commissioned officers who have been promoted or promoted to the employment of lieutenant, pursuant to Law 17/1999, of 18 May, or of this provision, to the sole effects of the determination of the order of escalation in the situation of reserve, shall occupy, each of them, the position which corresponds to them according to the employment achieved in the active service situation and the age they have in it. "

Sixteen. Paragraph 4 of the eighth transitional provision is amended, with the following wording:

" 4. Until 31 July 2013, the case of a transfer to the reserve situation, as provided for in Article 144.2.b) of Law 17/1999 of 18 May, shall continue to apply to those belonging to the general corps, the Marine Corps and the specialists, extended from 1 July 2009 to the lieutenants colonels from the scales of officers of those bodies which have been integrated into the new scales, giving them the application of the provisions of Article 113.6 of the present law. In the event that the 50 and six years are not completed, the pass to the reserve will be delayed at the time of this age.

Until June 30, 2019, the staff mentioned in the previous paragraph, as well as the lieutenants colonels from the scales of officers who have not been integrated into the new scales and the senior officers of the These bodies, with more than thirty-three years since their entry into the Armed Forces, will be able to apply for the voluntary pass to the reserve provided they are aged fifty-eight years old, and they will also be able to apply what is foreseen in the Article 113.6. In the event that they are not satisfied that age at the time of the request, they shall be granted with effect from the date on which they comply, even if this is later than the date indicated at the beginning of this paragraph. "

seventeen. A new transitional provision is introduced, the 13th, with the following wording:

" Transient disposition thirteenth. Granting of honorary employment to retired.

1. To the lieutenants colonels, commanders and captains who, as from the entry into force of this law, have passed or are to withdraw because of the insufficiency of psycho-physical conditions produced in act of service, they would have belonged to a scale in which There is no legal limitation to promote and meet before 30 June of the year 2019 ten years in their employment, counting the time in active service, reserve, in their case, and retirement, they will be able to grant the job honorific of Colonel, Lieutenant Colonel or Commander, respectively, to be assigned with seniority of 1 July next to the date they meet the conditions.

2. The seventh transitional provision shall apply on the same terms and conditions to those non-commissioned officers who, being included in that provision, have passed or are withdrawn due to insufficient psycho-physical conditions. produced by act of service, granting them the honorary employment of lieutenant with the age of the date on which they had moved to the reserve position of having continued on active duty.

3. The staff of paragraphs 1 and 2 above, whose retirement from a lack of psycho-physical conditions is not in act of service, may be promoted on the same terms as those, provided that the retirement is 20 years old. service time since the acquisition of the professional military status.

4. Such employment shall not be granted to the military officer to whom, pursuant to Article 24, he has been granted an employment with an honorary higher than alferez.

5. The granting of such employment shall be made on the request of the persons concerned and shall not have any economic effect or change the pension which the person concerned receives. "

Additional disposition first. Time limit for the application for the assignment of jobs to staff affected by the amendment of the additional provision tenth.

Staff affected by the amendment of the additional 10th provision of Law 39/2007 of 19 November will have a period of 6 months from the entry into force of this law to apply for the allocation of jobs. corresponding.

Additional provision second. Report on the promotion of the Observatory of Military Life.

The Military Life Observatory, in the field of the functions assigned by Article 54 of the Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces, will collect in its annual report the the results of the effective implementation of Article 62 of Law 39/2007 of 19 November of the military career, in order to assess the effectiveness of the internal promotion processes.

Single transient disposition.

During the academic year 2015 -2016, the provisions of paragraph 3 of this Law, which amend Article 56 (2) of Law 39/2007, of 19 November, shall apply.

Final disposition first. Amendment of Law 8/2006, of 24 April, of Troop and Marineria.

Law 8/2006, of 24 April, of Troop and Marineria, is amended as follows:

One. Article 4 is worded as follows:

" Article 4. Acquisition of the military status of troops and marineria.

The status of military personnel and marineria is acquired by obtaining the employment of a soldier or a sailor granted by the Chief of Staff of the corresponding Army, after the period of training established in the call for selective testing for access to such a condition and signed the initial commitment provided for in Article 7, and in which it shall be included in the relevant Social Security Scheme. '

Two. Article 7 (1) shall be read as

:

" 1. The initial commitment shall be immediately and voluntarily subscribed by those aspiring military personnel of troops and mariners who have passed the training period established in the call for selective testing for access to such a condition. This initial commitment shall in any event specify the duration and the destination, as well as other circumstances related to the professional trajectory of the soldier and sailor, which shall in any case be part of the general information provided to the same before they start as students of the military training centre. "

Final disposition second. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 14 October 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY