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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FELIPE VI KING OF SPAIN to all that the present join together and act.

Know: that them cuts General have approved and I come in sanction the following law: PREAMBLE it available end twelfth of it law organic 9 / 2011, of 27 of July, of rights and duties of them members of them forces armed, sets that in the term of six months starting from its entry in force, «the Government sent to the Congress of them members a project of law for the reform of the regime transitional of it law of it career» «military, after it experience acquired in its application» and that «to these effects, the Commission of Defense of the Congress of them members will issue an opinion with character prior, that addresses them different elements of the period transitional of it law, in particular them referred to it promotion and change of scale, regime of promotions, antique, pass to the situation of book and honors academic of it training acquired» «, as well as to the removal of disabled staff, considering, where appropriate, the corresponding economic effects ".

The Defense Committee approved, at its meeting of 9 July 2014, the report of the Sub-Commission on the reform of the transitional regime of law 39/2007, of 19 November, military career, in which, after delimit the scope of the mandate of the legislature, an analysis of the proposals made both in relation to each of the materials included at that as with other matters referred to in the law of the race military. This analysis concluded with the formulation of proposals that are now contained in this legislative modification, thus pursuant to the mandate contained in organic law 9/2011, of 27 July.

With this reform defined the effective linking of the military personnel who pass to withdrawn under special circumstances by his voluntary assignment into the armed forces, allowing you to achieve successive promotions Honorary; is regulates the granting of employment to noncommissioned officers retired that not could welcome is to the available additional tenth of it law of it career military; the conditions for the rise are modified to the reserve situation; is extends in two years the term to meet the requirement of count with more than thirty and three years from the entry in them forces armed for the pass voluntary to the book to the meet them 58 years for certain bodies and scales; provides access to the status of permanent military complement and sets the granting of honorary employment personnel that went directly to the situation of retired without going through the reserve situation, whenever going to retreat without twenty years of severance since the acquisition of the status of military professional , and in any case to which it made in Act of service.

On the other hand, after more than seven years from the entry into force of the law of military career, deemed necessary to clarify or detail issues that experience has proved insufficiently defined. Of this mode is detailed aspects related with the recovery of low in them centers of training, the valuation of merits in them processes of promotion, it need of specialization starting from certain jobs, it need of regular regulations aspects related with assessments and with them procedures for the pass to the situation of suspension of functions, the provision of destinations and commissions in circumstances exceptional , the unification of criteria in decisions of the resources related to physical conditions, the computation of periods of low system records, the time of the acquisition of the status of military troop and crew, as well as the possibility that military personnel can request the reduction of the amount of the specific complement to the effects of the law 53/1984 of 26 December , incompatibilities of personnel at the service of the public administrations.

Single article. Modification of the law 39 / 2007, of 19 of November, of the career military.

Law 39/2007, of 19 November, military career, is modified in the following terms: one. Paragraphs 1 and 2 of article 24 are written as follows: ' 1. attention to merit exceptional or special circumstances in the Council of Ministers, on a proposal from the Minister of defence, may be granted, with honorific, immediate employment superior to the soldiers who have gone to retirement or their commitment to resolve. " Those jobs with character honorary also is may grant to title posthumously.

2. the initiative for the granting of jobs with honorific shall be responsible to the Chief of the defence staff or the heads of State most of the army, the Navy and the air force, motivating the merits and circumstances that are. The processing of records shall contain the report of the Superior Council of the corresponding army.

In all case, is start record for the concession of the employment top with character honorary and is granted to them military deceased in Act of service or that is withdraw or resolve its commitment by inability permanent for the service, whenever is produce in Act of service or as consequence of the same, unless exist proposed motivated contrary to it award of said employment in which case the Minister of defence agreed on the possible elevation to the Council of Ministers."

Two. Added a new article 24 bis, with the following content: «article 24 bis.» Honorable bonding with the armed forces.

1. in view of the special circumstances that have motivated the pass to withdrawal or resolution of the commitment for permanent service, produced in acts of service, or disability as a result of the same, the military may be bound with honorific with the armed forces.

2. by order of the Minister of defence shall be determined the special circumstances mentioned in the previous paragraph.

3 honorary bonding involves the secondment of the person concerned to the unit to be determined and, where appropriate, the granting of subsequent jobs with honorific with limits and conditions that, depending on their involvement and collaboration with the unit of assignment, are established by order of the Minister of defence.

4. the granting of honorable bonding will correspond to the Minister of defence, upon request of the interested party which meets the requirements referred to in paragraph 1 above. The first employment with honorific award shall be carried out pursuant to article 24 of this law, and the successive granted the Minister of defence at the initiative of the Chief of the defence staff and the heads of State most of the army, the Navy and the air force, in the field of their respective competencies , and the Superior Council of the corresponding army report.

5. the granting of these jobs will not have any economic effect or will involve modification of the pension which the interested party perceives as retired.'

Three. The paragraph 2 of the article 56 is drafted as follows: «2. them organs of selection not may propose the income in them centers teaching military of training of a number upper to the of squares convened.» However, when is produce resignations of them aspiring selected before your income, or, in your case, before end the period of orientation and adaptation to the life military that is set in the call, the organ convener may require of the organ of selection relationship complementary of them aspiring that continue to them proposed for his possible appointment as students. «Reached the date of income in them centers teaching military of training that appropriate, according to it established in the paragraph above, is extinguished any another right derived of the process selective.»

Four. (1) Article 62 is worded as follows: ' 1. the Ministry of defence will promote and facilitate promotion processes that allow the change of scale and, where appropriate, of body, of the military professionals who meet the requirements. " In these processes the merits will be assessed, including weather services, entry places will be reserved and, where appropriate, facilities for obtaining degrees from the general education system will be. It will also be an effective assessment of professional experience and training, accredited with the corresponding qualifications, validation and equivalences or credits of university educations. These processes may carry out with distance learning phases.»

5. A fourth subparagraph shall be added to paragraph 1 of article 75 of the following tenor: «Regulations will be established the system of training and acquisition of these specialties, which should allow the development of a career that recognizes the merits and experience of the members of the armed forces.»

6. Added a new paragraph 4 to article 92, with the following content: «4. regulations shall be adopted necessary measures so that organs of evaluation for the ascent report of the procedural status of the assessed to the authority responsible for the award of the same. "

7. Be added three new paragraphs, 3 bis, 7 and 8, to the article 101, that will have the following wording:

«3 bis. «The victim of harassment, abuse or aggression sexual, a time agreed the initiation of the procedure disciplinary by missing very serious or admitted to pending it denounces by crime, will have right to request a Commission of service in different unit or locality of that in which took place them made.»

«7. General rules for provision of destinations may include the temporary assignment of destinations to the military that there are exceptional circumstances of professional, personal and family life, based on grounds of health, disability or dependency of the military or their families. These destinations is may assign without publication prior of the vacant, in the conditions and with the limitations that regulations is determined.

«8. them military that are considered victims of the terrorism, according to it planned in the law 29 / 2011, of 22 of September, of recognition and protection Integral to them victims of the terrorism, will have right to the allocation of a new destination, in the conditions that regulations is determined.»

8. Is adds a new paragraph, among them current first and second paragraph, of the paragraph 2 of the article 111, with the following content: «regulations is established them measures necessary for determine them alleged in which is must agree the processing of urgency in them procedures for the pass to the situation of suspension of functions.»

9. Is modifies the paragraph second of the paragraph 1 of the article 120 of the law 39 / 2007, that will have the following wording: «the record, in which will consist the opinion of the organ medical expert competent, will be valued by an organ of evaluation in each army and high to the Minister of Defense, for it resolution that appropriate.»

10. Add a new paragraph 4 to article 121 (and becomes 4-5), with the following wording: «4. for the purposes of paragraphs 2 and 3 of this article, periods of relapse, understood that exists when the affected cause low for service again in less than six months and is the result of the same disease process are counted» , and which, therefore, does not start a new period of temporary failure.

5. (…)»

Eleven. A second subparagraph shall be added to paragraph 4 of the tenth additional provision, with the following content: «non-commissioned officers from the bodies of non-commissioned officers into retirement for permanent disability may apply for continued that in the course of fitness for access to these scales or in the ranks and that figure in this realignment found in active duty or reserve and always with the limit that dates assigned employment and age old» in the resulting reordering jobs they are prior to the date on which each went to the situation of retirement and that do not assume a job and seniority after the date in which the affected was 61 years of age.»

12. Added a new additional provision, the twelfth, with the following content: «twelfth additional provision. Possibility of that the personal military whose jobs are equivalent to effects remuneration to the subgroups A1, A2, C1 and C2 requested the reduction, to request own, of the complement specific.

1. the personal military whose jobs are equivalent to effects remuneration to them subgroups A1, A2, C1 and C2, included in the scope of application of the Real Decree 517 / 1986, of 21 of February, of the regime of incompatibilities of the personal military, may request before them controls or headquarters of Personal of them armies or before the address General of Personal of the Ministry of Defense for them intended in the structure alien to them same and , for the guard Civil before it Subdirectorate General of Personal of the address General of the guard Civil, the reduction of the amount of the complement specific corresponding to the since play to the object of adapt it to the percentage to which is refers the article 16.4 of the law 53 / 1984, of 26 of December, of incompatibilities of the Personal to the service of them administrations public.

2 excludes this possibility to the military personnel whose jobs are equivalent to retributive effects to the subgroups A1 and A2 which occupy positions in the cabinets of members of the Government and senior officials of the General Administration of the State, and perform jobs that have assigned complement of level 30 and 29 destination.»

13. Is adds a fourth paragraph to the paragraph 7 of the available transient fifth, with the following content: «the Government, analyzed them needs specific of them forces armed, will equip them squares necessary to facilitate the permanence of them military of complement.»

Fourteen. Amending the sixth transitional provision which is worded in the following way: «sixth transitional provision. Promotions in reserve.

The lieutenant-colonels, commanders and captains that pass to the situation of reserve of the entry into force of this law, belong to a scale in which there is the employment of Colonel, have no legal limitation to Ascend, and comply before June 30, 2019 ten years in their jobs, computing time in reserve , may be obtained, upon request, the use of Colonel, Lieutenant-Colonel or Commander, respectively. Shall be granted them in the reserve with effect from July 1 following the date in which eligible.»

15. The seventh transitional provision, amending being worded in the following way: «seventh transitional provision. Non-commissioned officers rise to the job of Lieutenant.

1. all non-commissioned officers who had obtained the employment of Sergeant from January 1, 1977 and prior to May 20, 1999, date of entry into force of the law 17/1999, of May 18, regime of the personnel of the armed forces, and which had no legal limitation to reach the employment of second lieutenant , may get, prior request, the employment of Lieutenant of them scales of official of the law 17 / 1999, of 18 of mayo, that is les granted with the date in which had last or pass to the situation of book in them terms established in this law, with antique, time of services and effects economic from the date of rise , without prejudice of it laid down in the paragraphs 2 and 3 following.

2. to non-commissioned officers who were promoted or ascend to the job of Lieutenant with more than 58 years by virtue of this provision, shall be granted such employment age, time of services and economic effects from the date that marked the age. In addition, to the older warrant officers who had passed the situation of reserve for six years of permanence in employment until August 1, 2013, will be the job of Lieutenant with seniority, time services and economic effects from the date which marked the 56 years.

3 non-commissioned officers mentioned in paragraph 1 had passed or pass the status of reservation pursuant to article 113.3 may obtain, on request, the eighth employment of Lieutenant of the scales of officers of the law 17/1999, of May 18, when the requirements necessary to pass to the reserve established in the transitional provision , or in the article 113, paragraphs 1.b and 4, all of this law, computing to these effects the time in reserve.

4. non-commissioned officers who have promoted or ascend to the employment of Lieutenant, in application of law 17/1999, 18 may, or this provision, for the sole purpose of determining the order of ranks in the reserve situation, occupied, each of them, the place that corresponds to them according to the employment achieved in the situation of active service and seniority in the same.»

Sixteen. Paragraph amending the transitional provision 4 eighth, leaving with the following wording: «(4. Hasta el 31 de julio deel año 2013 seguirá siendo de aplicación el supuesto de pase a la situación de reserva, previsto en el artículo 144.2.b) of law 17/1999, of May 18, for those belonging to the General Corps, Navy and specialists» extended from 1 July of the year 2009 to the lieutenant-colonels from the scales of those bodies that have been integrated into the new scales, officers being application as provided for in article 113.6 of this law. In the event that they have not fulfilled the fifty-six years the pass to the reserve will be delayed upon reaching that age.

Until June 30, 2019 staff mentioned in the previous paragraph, as well as the lieutenant-colonels from the scales of officers who have not been integrated in new scales and non-commissioned officers of the aforementioned bodies, with more than thirty-three years since its entry into the armed forces, may request the pass volunteer reserve provided that they have completed fifty-eight years of age being also of application provided for in article 113.6. «In the event that not have accomplished that age in the time of the request, is les granted with effects of it date in that it met, although this is back to the indicated in the home of this paragraph.»

Seventeen. Is introduces a provision transient new, the thirteenth, with the following wording: «available transient thirteenth.» Granting of employment honorary to retired.

1 to lieutenant colonels, commanders and captains that, from the entry into force of this Act, have passed or pass removal for insufficiency of psychophysical conditions produced in Act of service, had belonged to a scale in which there is the employment of Colonel, had no legal limitation to ascend and fulfilled before 30 June of the year 2019 ten years in their jobs computing time in service active, reserve, in his case, and removal, you may be granted the honorific use of Colonel, Lieutenant Colonel or Commander, respectively, to be assigned with seniority of 1 July following the date in which fulfil the conditions.

2. it indicated in it available transient seventh will be of application in them same terms and conditions to those noncommissioned officers that, being included in such available, have last or pass to removal by failure of conditions psychophysical produced in Act of service, granting them the employment honorary of Lieutenant with the antique of the date in which had last to the situation of book of have continued in service active.

3. the personnel of paragraphs 1 and 2 above, whose pass to removal by failure of psychophysical conditions weren't in Act of service, can ascend in the same conditions as those, whenever going to retreat without twenty years of severance since the acquisition of the status of professional military.

4. not proceed the concession of these jobs to the military to which, in application of the article 24, you had been granted an employment with character honorary superior to Ensign.

«5. the award of these jobs is held prior request of them interested and not will have effect economic any or will mean modification of the pension that as retired perceived the interested.»

Provision additional first. Deadline for the application for the assignment of jobs to staff affected by the modification of the tenth additional provision.

He personal affected by the modification of the available additional tenth of it law 39 / 2007, of 19 of November, will have a term of 6 months from the entry in force of this law for request the allocation of them jobs corresponding.

Second additional provision. Report of the Observatory of the military life promotion processes.

The Observatory of the military life, in the scope of the functions conferred by article 54 of the Basic Law 9/2011, of 27 July, rights and duties of members of the armed forces, collected in its annual report the results of the effective application of article 62 of the law 39/2007, of 19 November , military career, in a way that is assess the effectiveness of internal promotion processes.

Sole transitional provision.

During the academic year 2015-2016, shall apply the provisions of paragraph 3 of this law, amending paragraph 2 of article 56 of the law 39/2007, of 19 November.

First final provision. Modification of the law 8/2006 of 24 April, troop and crew.

The law 8 / 2006, of 24 of April, of troop and seamanship, is modified in the following terms: one. Article 4 is drawn up as follows: «article 4. Acquisition of the status of military's troop and crew.

«The condition of military of troop and seamanship is acquires to the get the employment of soldier or sailor granted by the Chief of State greater of the army corresponding, a time exceeded the period of training established in the call of tests selective for the access to such condition and signed the commitment initial that is establishes in the article 7, and in whose virtue will be included in the regime of it security Social that appropriate.»

Two. He paragraph 1 of the article 7 is drafted as follows: «1. it commitment initial will be subscribed of form immediate and voluntary by those aspiring to military of troop and crew that have exceeded the period of training established in the call of tests selective for the access to such condition.» In this initial commitment shall be specified in any case its duration and destination, as well as other circumstances related to the career of the soldier and sailor, which in any case will form part of the general information provided to them prior to the start as students of military training centre.»

Second final provision. Entry in force.

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

Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.

Madrid, October 14, 2015.


The Prime Minister, MARIANO RAJOY BREY