Act on Social Security for State Civil Servants

Regulated by Legislative Royal Decree 4/2000, of 23 June, which was later complemented by the Regulations for Administrative Mutualism in Royal Decree 375/2003, of 28 March.

The law together with the regulations for administrative mutualism regulate, among others aspects, the medical assistance of mutual society members. There are other standards that complement this legislation, such as Royal Decree 577/1997, of 18 April, on the structure of the governing bodies, administration, and representation of the General State Civil Servant Mutual Society (Official State Gazette no. 109 of 7 May).

• Scope of applicability of the law

• Structure of the Act on Civil Servants

• Background to the Act

• The principal regulations referring to MUFACE, complementary to the Act

Scope of applicability of the law

The Act applies to career civil servants of the State Civil Administration and probationers, and constitutes a special system

This Special system has two complementary cover mechanisms:

1. a) The Administrative Mutualism System managed by the General Spanish Civil Service Mutual Insurance Company (MUFACE), Public Body dependent on the Ministry of Finance and Public Administrations.

2. The Pension System, governed by the General Directorate of Personnel and State Pension Costs, which is responsible for recognising pension rights and granting pension benefits (retirement, widowers, orphans, and in favour of family members). From 1 January 2011, anyone who obtains the status of State Civil Servant does not have access to this system and is mandatorily included in the General Social Security System, for the exclusive purpose of their pension rights.

Structure of the Act on Civil servants

The Act contains 37 Articles, 10 Additional provisions, 1 sole repealing provision and 3 final provisions. It has 7 chapters that tackle essential issues, which are developed in the Regulations.

The 7 chapters are:

1. Chapter 1: General Provisions

2. Chapter 2: General State Civil Servant Mutual Society

3. Chapter 3: Incorporation and contribution

4. Chapter 4: General contingencies and benefits

5. Chapter V: Specific benefits

6. Chapter Vi: Economic System

7. Jurisdictional system and resources

Background to the Act

The laws preceding the Act of 2000 and basic for its enactment are:

• Act 29/1975 on the Social Security for State Civil Servants, inspired by the Act of 1963 on the Bases of the Social Security

• Act 50/1998 of 30 December, on Fiscal, Administrative, and Social Order Measures, which was the law that empowered the Government so that in one year it proceeded to draft a consolidated text that harmonised Act 29/1975 with the provisions contained in regulations with the rank of law, which impacted the administrative mutualism managed by MUFACE.

• The approval of Act 39/1999, of 5 November, promoting the work-life balance of workers, which introduces risk during pregnancy as a risk covered in the Special Social Security System for State Civil Servants, and the other modifications of this System mentioned in Act 55/1999, of 29 December, on Fiscal, Administrative, and Social Order measures, advised the General Courts to grant, in the latter Act mentioned here, an extension until 30 of June 2000 of the legislative delegation power conferred to the Government, in order to allow the integration of this new legislation into the consolidated text

• In this way, on 23 June, 2000, the Consolidated Text on the current Act on Social Security for State Civil was approved.

The principal regulations referring to MUFACE, complementary to the Act

In summary, the complementary regulations are the following: (besides the Act and the aforementioned Regulations)

MUFACE organisation: Royal Decree 577/1997 of 18 April

Adjustment of the contribution percentages for mutual society members and the State contribution to MUFACE, the Armed Forces and General Judicial Mutual Society: Royal Decree 657/1989

Adaptation of the procedures with regard to administrative mutualism and Special fund of the General State Civil Servant Mutual Society to Act 30/1992, of 26 November, on the Judicial System of Public Administrations and the Common Administrative Procedure. Royal Decree 1733/1994

Procedure for temporary disability, risk during pregnancy, and risk during breastfeeding: Order PRE/1744/2010 of 30 June

Work-related accidents and diseases while in active service in the MUFACE administrative mutualism: Order APU 554/2005 of 7 November

Complementary provisions Order APU 2245/2005, of 30 June

Contribution payment procedure for mutual society members to MUFACE Order APU 284/2004 of 2 February

Regulations for applying the grant of death in the Civil Servant System: Order APU 95/2004 of 12 January

Financial aid to acquire housing by mutual society members Order of 29 July 1987

Delegation of powers: Resolution of 23 May 2012

Healthcare abroad: Resolution of 26 June 2014