Body competent to retire an official in a situation of service in other Public Administrations.

The consultation is about the body competent to retire an official in a situation of service in other Public Administrations.

Royal Legislative Decree 5/2015, of 30 October, approving the consolidated text of the Law on the Basic Status of Public Employees (hereinafter TRLEBEP), contains in its article 88 the regulation regarding the situation of Service in other Public Administrations, expressed in the following terms:

“1. Career officials who, by virtue of the processes of transfers or by the procedures of provision of jobs, obtain destination in a different Public Administration, will be declared in the situation of service in other Public Administrations. They will remain in this situation in the event that, by legal provision of the Administration to which they accede, they are integrated as its own personnel.

2. The officials transferred to the Autonomous Communities are fully integrated into the organization of the Public Service of the Autonomous Communities, being in the situation of active service in the Public Service of the Autonomous Community in which they are integrated.

The Autonomous Communities, when proceeding to this integration of the officials transferred as their own officials, shall respect the Group or Subgroup of the body or scale of origin, as well as the economic rights inherent to the position in the career that they have recognized.

The transferred officials maintain all their rights in the Public Administration of origin as if they were in active service in accordance with the provisions of the respective Statutes of Autonomy.

Equality is recognized among all officials of the Autonomous Communities regardless of their Administration of origin.

3. Career officials in the situation of service in other Public Administrations who are in such a situation because they have obtained a job through the systems of provision provided for in this Statute, are governed by the legislation of the Administration in which they are effectively destined and retain their status as an official of the Administration of origin and the right to participate in the calls for the provision of jobs made by the latter. The time of service in the Public Administration in which they are destined will be computed as of active service in their body or scale of origin.

4. Officials who re-enter active service in the Administration of origin, coming from the situation of service in other Public Administrations, shall obtain professional recognition of the progress achieved in the professional career system and its effects on the remuneration position in accordance with the procedure provided for in the Sectoral Conference Conventions and other collaboration instruments establishing measures of inter-administrative mobility, provided for in article 84 of this Statute. In the absence of such Agreements or collaboration instruments, the recognition shall be carried out by the Public Administration in which the re-entry takes place.”

In accordance with the provisions of article 88, paragraph 3, of the TRLEBEP, officials are integrated into the administrative apparatus of the Autonomous Community in which they are going to provide their services, so it would seem logical to think that it will be the Autonomous Administration that will be responsible for managing the issues relating to the administrative life of the official, including the declaration of retirement of the same, where appropriate.

This statement is reinforced by the provisions of article 28, paragraph 3, of Royal Legislative Decree 670/1987, of April 30, approving the Consolidated Text of the State Passive Classes Law, which states that retirement or retirement will be agreed by “the corresponding Ministry or Department of Public Service” in the cases in question. “any kind of State official transferred to Autonomous Communities”.

In the light of the above, in the opinion of this Management Centre, the body competent to agree on the retirement of a career staff member shall be that which comes from the Administration in which the staff member is serving.

It should be noted, however, that the Autonomous Community must inform the General Administration of the State of this fact so that it may be entered in the Central Personnel Register.

All of the foregoing is without prejudice to recalling that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.