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Resolution 430/38143/2015, On 7 October, The General Direction Of Staff, By Which Certain Powers Are Delegated.

Original Language Title: Resolución 430/38143/2015, de 7 de octubre, de la Dirección General de Personal, por la que se delegan determinadas competencias.

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TEXT

Article 11 of the Recast Text of the Law on Passive Classes of the State, approved by Royal Legislative Decree 670/1987, of April 30, attributes to the Directorate General of Personnel of the Ministry of Defense the competence for the recognition of passive rights and the granting of benefits from Passive Classes caused by military personnel.

By Royal Decree 837/2015 of 21 September, Royal Decree 454/2012 of 5 March, which develops the basic organic structure of the Ministry of Defence, is amended and modifies the functions attributed to the Subdirectorate General of Human Resources Costs, assigning to the Division of the Personnel Support Service, the function of processing the files, recognizing the passive rights and granting the benefits of passive classes caused by the military personnel.

This regulatory amendment makes it necessary to align the delegation of competences to the new function attributed to the expressed Division of the Personnel Support Service, and to issue an order of delegation of powers which, with the new structure allows for maximum agility, coordination and efficiency in the management of services.

In its virtue, in accordance with the provisions of Article 13 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in the additional provision The 13th of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, this Directorate General, after approval of the Deputy Secretary of Defense, resolves:

First.

Delegate to the Director of the Personnel Support Service Division, the Head of the Pensions Area and the Heads of the Unit in charge of it, without distinction, the powers relating to the recognition of the passive rights and the granting of the benefits of Passive Classes caused by the military personnel, that Article 11 of the Recast Text of the Law of Passive Classes of the State, approved by Royal Legislative Decree 670/1987, of April 30, attributes to the Directorate General of Personnel of the Ministry of Defense.

Second.

The administrative decisions taken in the exercise of the powers delegated by this resolution must expressly indicate this circumstance by reference to this resolution and to its date of publication in the "Official State Gazette", in compliance with the provisions of Article 13.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and shall be deemed to be delegating body.

Third.

The delegation of powers that is approved in this resolution is without prejudice to the ability to endorse at any time the knowledge and resolution of how many matters covered by it are deemed appropriate.

Fourth.

All rules of the same or lower rank that are contrary to the provisions of this Order are repealed and, in particular, the following:

1. Resolution 109/2001, of 23 May, delegated the powers in matters of passive classes of the State attributed by the legislation in force to the Directorate General of Personnel, establishing its delegation to different administrative bodies, among the who was the Deputy Director General of Military Personnel.

2. By Resolution of this Directorate-General 430/38244/2009, of 28 October, the delegation of competences in the field of passive classes of the State was modified, delegated to the Deputy Director General of Human Resources Costs.

Fifth:

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

Madrid, 07 October 2015. -Director General of Personnel of the Ministry of Defense, Adoration Mateos Tejada.