Resolution Of 18 September 2015, Together With The Secretaries Of State For Budgets And Expenditure And Public Administration, For Which Instructions For Effective Implementation, Within The State Sector, The Dictate...

Original Language Title: Resolution Of 18 September 2015, Together With The Secretaries Of State For Budgets And Expenditure And Public Administration, For Which Instructions For Effective Implementation, Within The State Sector, The Dictate ...

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Article 1, paragraph two (recovery of extraordinary and additional pay for the month of December, 2012, of the staff of the State public sector), of the Royal Decree-Law 10/2015, of September 11, which are awarded special credits and supplements of credit in the State budget and adopt other measures in matters of public employment and stimulus to the economy (((((, provides that, during the year 2015, the staff of the State public sector defined in the letters to), d) and e) paragraph one of article 22 of the law 2/2012, of 29 June, the State budget for the year 2012, as well as staff of the companies, entities and other organisms of paragraphs f) and g) this precept that belong to the public sector you are paid the amounts provided for in paragraph uno.2 of article 1.

That same paragraph, and the following of that article 1, lays down the rules pursuant to which will be the recovery of those amounts corresponding to the extraordinary pay and extra pay.

With the purpose of facilitating the preparation of payroll that must be developed to pay the above amounts, the Secretaries of State budgets and expenditure and public authorities consider it advisable to dictate the following instructions, which are limited to strictly enforce the provisions of the Royal Decree-Law 10/2015, 11 September, as well as the remaining rules governing the remuneration regime of the concerned staff of the State public sector.

I 1 General instructions. These instructions shall apply to the staff of the State public sector referred to in paragraph two of article 1 of the Royal Decree-Law 10/2015, of September 11, which are awarded special credits and supplements of credit in the State budget and adopt other measures in matters of public employment and stimulus to the economy. They will not be applicable to officers of national bodies transferred to the autonomous communities, with respect to which shall apply what they have under the mentioned article 1.

2. in accordance with provisions of paragraph one of article 1 of the Royal Decree-Law 10/2015, 11 September, quantities which can recognize the different Government, in its application, are in respect of recovery of amounts ceased to be perceived as a consequence of the abolition of the extraordinary pay, pay additional specific plug-in or equivalent additional pay for the month of December 2012.

Therefore, to allow, by application of the provisions of this rule, the recognition of quantities, it is necessary that the amounts had left effectively perceive by application of the legal provisions of suppression of extraordinary and additional pay of December 2012.

3. in any case, made settlement as a result of the application of article 1 of the Royal Decree-Law 10/2015, 11 September, exceed the part corresponding to the quantities left to perceive as a result of the abolition of the extraordinary pay.

The resulting settlement amounts that have been perceived by the same cause as a result of judicial decision or other circumstances will be deducted.

4. the recognition of the right to recover amounts left of perceiving is produced by Royal Decree-Law 10/2015, 11 September, and produces its effect from this year, so all amounts that are recognized under provisions under this Royal Decree-law constitute the period of 2015 perceptions.

5. for the purposes of the Royal Decree-Law 10/2015, of September 11, the 48 days referred to in paragraphs one and two of its article 1, refer to the immediately following 44 days envisaged in the second tenth additional provision of the law 36/2014, of 26 December, the State budget by 2015 covering in this way, together with this latest legal provision, all of the 92 days of extraordinary pay, pay additional specific complement and pay additional equivalents of the month of December 2012. In these instructions, hereinafter, reference is made to this period, abbreviated way, as 48 days.

II. application for personal official instructions, statutory and labour of the Convention only in the General Administration of the State, included in paragraphs 1 and 2 of article 3 of the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness this staff, pursuant to Royal Decree-Law 10/2015 11 September, you are paid the proportional share of 48 days extraordinary pay and, where appropriate, of the additional pay of specific plug-in or equivalent for the month of December, 2012 which were suppressed.

1. computation of the 48 days of extraordinary pay and calculating the amount of the return.

As laid down by the Royal Decree-Law 10/2015, of September 11, the computation rules applicable to each staff will be used according to its legal system in force, rules that are not altered.

In the case that have not abolished, had proceeded the recognition of all of the extraordinary pay, the number of total days that corresponds to the extraordinary pay of December 2012 is 183, which proceeds to liquidate 48 pursuant to Royal Decree-law.

Calculation, therefore, will be the following (being the amount of the extraordinary pay PE): 48 × (PE/183) in the case that have not abolished, had failed to achieve the recognition of all of the extraordinary pay of December 2012, 48 days will be reduced proportionately to the computation of days had corresponded. Thereby, the amount will be reduced by applying the quotient that results from dividing the number of days (N), corresponding to the individual accrual of an employee, who had corresponded the extraordinary pay between 183. Calculation, therefore, is as follows: 48 × (PE/183) × (N/183) 2. The specific add extra pay.

(a) computation of the 48 days of extra pay of specific complement and calculating the amount of the recovery. In the case that have not abolished, had proceeded the recognition of all of the extra pay and that specific complement would have remained unchanged during the period of accrual for the computation of the 48 days is calculated the amount of extra pay of the specific supplement that would have corresponded with said amount will be assessed the equivalent to 26.23 percent.

In the case that have not abolished, had failed to achieve the recognition of all of the extra pay and that specific complement would have remained unchanged during the period of an accrual basis, in accordance with the provisions of article 1 of the Royal Decree-Law 10/2015, of September 11, the 48 days will be reduced proportionately to the computation of days that would have corresponded to their individual accrual. For this purpose, the amount of extra pay of specific complement corresponding to the days of individual accrual will be calculated and this amount be settled the equivalent to 26.23 percent.

(b) case of a change of place of work with different plug-in specific within the same Ministry, agency or entity, in the period that had presided over the extraordinary and additional pay of December 2012. The amount of the recovery of extra pay will be calculated with the values of the specific supplement earned by the official during the 48-day period referred to in this resolution, not extraordinary and additional pay have been abolished. If the official has shifted later met the day 48 of this period since it had begun to earn extra pay of specific complement, the value of this complement which serves for the calculation of the amount of the recovery will not be altered. On the contrary, if the officer has shifted within those 48 days to count since it had begun to earn extra pay, the calculation of the amount of the recovery is shall take into account the value of specific complement according to the situation of the official the first of each month.

Taking into account values of specific complement, calculate the amount of the recovery of extra pay in accordance with the rules of paragraph to) above.

3 discounts implementation.

Regarding the monthly installments of rights liabilities of civil servants of the State, of the personnel of the armed forces, of the members of the racing Judicial and tax, of the body of court clerks and bodies to the service of the administration of Justice, as well as the monthly contribution to the mutual civil officials of the State General the Social Institute of the armed forces and the Judicial General mutual insurance company, it is not coming to make any discount other than monthly quotas listed in paragraph four of article 104 of the law 36/2014, on December 26, from the State budget by 2015.

In connection with withholdings on account of the tax on the income of natural persons and contributions to the General regime of the Social Security, will take into account the regulations resulting from application.

4. budgetary aspects.
In the case of public servants, the quantities have applied to concepts budgetary 120.06 «Extra payments» and 121.01 «Specific add».

For the rest of the staff, the concepts to which they apply such amounts must be the same apply to the respective additional and extraordinary pay from the month of December.

III. instructions concerning the staff of the scope of this instruction that is not you application III Convention only the staff working in the service of the General Administration of the State according to the provisions of paragraph one of article 1 of the Royal Decree-Law 10/2015, of September 11, the computation of the amounts corresponding to the 48 days shall be carried out in accordance with the rules conventional and labour at the moment in that is left of receiving such payments.

These amounts will be deducted the amounts corresponding to these payments that would have been paid in 2012 or later, except those arising from the application of the additional provision tenth second of law 36/2014, of 26 December, the State budget by 2015.

IV. instructions to officials and other staff included in the scope of article 1 of the Royal Decree-Law 10/2015, of 11 September 1. Without prejudice to provisions of article 519 of the organic law 6/1985, of 1 July, the judiciary, staff included in paragraphs 3, 3 bis, ter 3 and 4 of article 3 of the Royal Decree-Law 20/2012, will perceive a 26.23 percent the amount arrears by application of these provisions.

2. the provisions of the previous instruction II shall apply to the Secretaries of State, undersecretaries, Directors General and similar, as well as permanent advisers and Secretary General of the Council of State, in the same terms as the staff officer.

3. to staff referred to in paragraph 3 of article 24 of the law 2/2012 also applies as provided in these instructions.

4. in cases where the remuneration regime does not contemplate the perception of extra payments or received more than two a year, and had made in 2012 a reduction of the fourteenth part of the annual total remuneration, shall be charged a 26.23 percent the amount effectively ceased to receive application of Royal Decree-Law 20/2012.

5. the senior officials included in points 1 and 3 of article 4 of the Royal Decree-Law 20/2012 shall receive a 26.23 percent the amount no longer perceived by application of article 4 of the Royal Decree-Law 20/2012.

V. instructions concerning the cases referred to in section dos.2.e) of article 1 of the Royal Decree-Law 10/2015, 11 September 1. Change of destination within the public sector.

Personnel who, without having changed the status of its services related to the General Administration of the State had changed within the same destination, the quantities referred to in paragraph two of article 1 of the Royal Decree-Law 10/2015, 11 September, you will be paid by the Ministry, agency or entity that is providing services to date 1 September 2015 upon request directed to his authority in personnel management, accompanied by certification by the empowerment that had corresponded in 2012 your manure, concepts and amounts effectively ceased to be perceived as a consequence of the Suppression of extraordinary pay, as well as additional specific supplement pay or additional pay for the month of December, 2012, equivalent. In the event that such certification has already been presented above, you will not need to submit again the same, and must only be submitted again by the person concerned on the assumption that the empowerment of target does not have it.

To this end, the competent organs of the ministries, agencies or entities, will prepare certifications for staff that were suppressed the extraordinary and additional pay of December, 2012, and that is not, date 1 September 2015, serving in the Ministry, agency or entity, in accordance with the model annexed. The availability of these certifications occur at the request of interested parties, directly or through the fate of every public employee allotments pertaining to your situation date 1 September 2015, may be used to effect the model annex form.

Personnel that would have changed legally binding and destination within the scope of the General Administration of the State, the quantities referred to in this resolution will be paid him by enabling that subscriptions had corresponded him in December 2012.

2. provision of services in other public administration.

Belonging staff in 2012 to the public sector, had deleted that additional and extraordinary pay corresponding to December of that year, and that subsequently happened to serve in a different public administration, the quantities referred to in paragraph two of article 1 of the Royal Decree-Law 10/2015, 11 September, you will be paid by the Ministry body or entity that would have corresponded to pay such pay, upon request directed to his authority in personnel management.

3 different active service situations and other cases not provided for in the preceding paragraphs.

3.1 staff that is not in State of active or assimilated, service retirement or any other cause, to September 1, 2015, or who had lost the status of public employee, the quantities referred to in paragraph two of article 1 of the Royal Decree-Law, will be paid by the Ministry, agency, or entity which would have corresponded to pay the extraordinary pay upon request directed to the management authority of personnel, accompanied by certification of the origin of the amounts rating effectively ceased to be perceived as a consequence of the Suppression of extraordinary pay, as well as additional specific supplement pay or equivalent additional pay for the month of December 2012.

3.2. in cases in which the empowerment of the Ministry, agency or entity should be limited in 2012 to triennia manure, the payment of the amount corresponding to the concept the 48 days of December 2012 extraordinary pay triennia, will correspond to the habilitation. However, if re-entry into active duty had occurred, to the empowerment of origin it shall be certified by application of the provisions of the Royal Decree-Law 10/2015, 11 September, and to the empowerment of target, the payment.

3.3. in the case of agencies extinguished after, 2012, and in general any other of lack of empowerment that had presided over payment of the suppressed pay extra and extraordinary will take over the obligations of payment or certification provided for in Royal Decree-Law 10/2015, 11 September, enabling the structure or body that would have happened to the extinct organism.

3.4. in the event that staff concerned had died at the entry into force of Royal Decree-Law 10/2015, of September 11, the request addressed to the management authority of personnel, must be by his heirs in accordance with civil law.

3.5. in those cases in which public employees had joined the General Administration of the State, from another public administration during the period which includes additional and extraordinary pay removed, you must provide proof of the amounts collected in charge of another management by application of the Royal Decree-Law 10/2015, of September 11, or implying a return of suppressed extraordinary pay in order to avoid a double perception.

4. provisions common to previous assumptions.

From the received certification of origin enabling, enabling the Ministry, agency or entity which corresponds to perform payment of the amounts in the concept of recovery of additional and extraordinary pay from the month of December, 2012, will his calculation as shown in statement II.

5. application models.

In the appendix to these instructions accompany the models referred to in the previous paragraphs, request for payment of amounts, which stakeholders may employ the anticipated effects on the Royal Decree-Law 10/2015, 11 September, and amounts effectively ceased to receive certification.

It will be sought that the submission of applications and communications between organs of the Administration, to lead the actions envisaged in these instructions, can be made through electronic procedures.

VI. common instructions 1. Accreditation in payroll.

The amounts corresponding to the recovery of the extraordinary and additional pay for the month of December, 2012, provided for in Royal Decree-Law 10/2015, of September 11, will be credited on the payroll of incidences of September 2015, except for those employees who responsible for enabling does not have all the formal elements provided for in these instructions , or in other cases in which for technical reasons it is not possible, in which case will be credited on the first payroll whenever possible.

2. literal on payroll receipts.
The literal that shall appear on payroll receipts will coincide with the expressed in Royal Decree-Law and will be the next «recovery of 48 days of extraordinary and additional pay for the month of December 2012».

Madrid, 18 September 2015. - the Secretary of State's budgets and expenses, Marta Fernandez Currás. - the Secretary of State of public administrations, Antonio Germán Beteta Barreda.

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