Order Ess / 1250 / 2015, Of 25 Of June, By Which Is Regulates The Disposal Transient, From The Treasury General Of The Security Social, Of Them Funds Deposited In It Has Special Of The Background Of Contingencies Professional Of It Security...

Original Language Title: Orden ESS/1250/2015, de 25 de junio, por la que se regula la disposición transitoria, por parte de la Tesorería General de la Seguridad Social, de los fondos depositados en la cuenta especial del Fondo de Contingencias Profesionales de la Seguridad ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7124

(He article 75 bis.1.a) of the text consolidated of it law General of it security Social, approved by the Real Decree legislative 1 / 1994, of 20 of June, in the drafting given to the same by the article only of the law 35 / 2014, of 26 of December, by which is modifies the text consolidated of it law General of it security Social in relation to the regime legal of them mutual of accidents of work and diseases professional of the Safety Social, establishes that the surplus arising after providing stabilization reserve for contingencies professionals will enter in 80 percent professional contingencies of the Social Security Fund special account, opened in the Bank of Spain on behalf of the General Treasury of the Social Security and at the disposal of the Ministry of employment and Social Security. Said income is made with prior to the 31 of July of each exercise in the cited has special.

The referred Fund has happened without any solution of continuity to the previous bottom of prevention and rehabilitation, whose extinction has established the transitional provision fourth of the cited law 35/2014, on December 26, following the integration at the bottom of professional contingencies of the Social security of all metallic, balance, values and other real and personal property existing on it or resulting of their funds from investments.

(According to the article 75 bis.1.a) of the text consolidated of it law General of it security Social, the new Fund of contingencies professional of it security Social will be integrated by the metal deposited in it has special, by them values securities and others goods furniture e estate in that those funds is invest and, in general, by them resources, yields e increments that have its origin in the over of them resources of it security Social generated by them mutual. Them yields and expenses that produce them active financial and them of it has special are charged to the same, unless the Ministry of employment and security Social has another thing.

Also, the Fund will be subject to the direction of the Ministry of employment and Social Security and attached for the purposes of Social Security, and the Department may apply its resources to the creation or renewal of centers and rehabilitation attached to mutual, to activities of research, development and innovation of techniques and therapeutic treatments and rehabilitation of diseases resulting from occupational diseases and work accidents in care centers attached to the mutual as well as to encourage enterprises in the adoption of measures and processes that contribute effectively to the reduction of occupational contingencies of Social Security, through a system that is regulated by law and, where appropriate, to provide services related to the prevention and control of occupational contingencies.

(In that same article 75 bis.1.a) is expected that the Treasury General of the Security Social can materialize them funds deposited in it has special in active financial issued by people legal public, as well as alienate them same in them amounts, deadlines and others conditions that determine the holder of the Ministry of employment and security Social.

Finally, the repeated article also allows the disposition of amounts deposited in the special account of the contingency fund professionals of the Security Social, by the General Treasury of the Social Security, a transitional measure, to serve the purposes of the Social security system, as well as to the needs and gaps in cash, in the form and conditions established by the Ministry of employment and Social Security , to its application by the same Ministry to the purposes indicated.

Such forecast legal coincides with the already set concerning the Fund of prevention and rehabilitation in the previous article 73.2 of the text consolidated of it law General of it security Social, under which the Treasury General of it security Social could have of their resources in them terms expected in the order ESS / 1445 / 2012, of 2 of July which determined the conditions for the provision of funds.

As consequence of the new legal regulation exposed, this order is issued in order to set the conditions and the procedure for the provision by the General Treasury of the Social security of resources deposited in the special account of the contingency fund professionals of the Security Social, transitionally, in exercising the powers conferred on the effect by article 75 bis.1.a) of the text of the General Social Security Act.

In his virtue, in accordance with the Council of State, I have: article 1. Object of the available transient of the funds deposited in it has special of the background of contingencies professional of it security Social.

The General Treasury of the Social Security have a transitional measure of the amounts deposited in the special account of contingencies professionals from the Social Security Fund, open on the Bank of Spain on behalf of the Agency, in order to meet both the purposes of the Social security system established in article 2.2 of the revised text of the General Social Security Act approved by Royal Legislative Decree 1/1994 of 20 June, and in particular the economic benefits referred to in its article 86.2, as needs or gaps of Treasury that may occur in each fiscal year.

Article 2. Procedure of disposition of those funds.

1. the need to provide resources in the special account of contingencies professionals from the Social Security Fund for the purposes referred to in the preceding article shall be determined by the forecast of liquidation of the management entities and common services of the Social security budgets, calculated by the General intervention of the Social Security in accordance with article 125.3 of law 47/2003 (, 26 November, General budget, as well as the monetary budget which corresponds to the General Treasury of the Social Security on the basis of article 1.f) of the general regulation of the financial management of Social Security, approved by Royal Decree 1391 / 1995, of 4 August, and that the provisions required to meet the obligations of the system are included, with the proper specification,.

2. noted the need of available of funds, in them terms indicated in the paragraph previous, it Treasury General of it security Social request to the Secretariat of State of it security Social authorization for proceed to it same, through it remission of a report financial in which is accredits such need.

Accredited it need of funds, the holder of the Secretariat of State of it security Social will issue resolution motivated authorizing to the Treasury General of it security Social to appropriate to it available transient of the balance deposited in it has special of the Fund of contingencies professional of it security Social.

3. the General Treasury of the Social Security will provide the corresponding administrative proceedings of mobilizations of balances between accounts titled in your name in financial institutions.

Article 3. Reimbursement to the special account of contingencies professionals willing amounts of Social Security Fund.

1. the General Treasury of the Social Security, on an annual basis and through the issuance of a financial report, will assess if the economic possibilities and the financial situation of the Social security system will allow the refund of amounts provided under cover of this order, according to the forecasts of liquidation of the management entities and common services of the Social security budgets calculated by the General intervention of the Social Security, and the monetary budget produced annually by the cited common service of Social Security.

2. the report shall be forwarded to the holder of the Secretary of State of the Social Security, and go the circumstances allowing the return of funds, rightholder of the Secretary of State of the Social security issue reasoned ruling according the total or partial refund of amounts placed. Not go such circumstances will also issue reasoned ruling in this regard.

Available end first. Powers of implementation.

Is empowered to the holder of the Secretariat of State of the Security Social for dictate few provisions are necessary for the application of this order.

Available to finish second. Entry into force.

This order shall enter into force the day of its publication in the «Official Gazette».

Madrid, 25 June 2015.-Minister of employment and Social Security, Fátima Báñez García.