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

The consultation concerns 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 revised text of the Law on the Basic Status of Public Employees (hereinafter TRLEBEP), contains in its article 88 the regulation relating to 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 Civil Service of the Autonomous Communities, being in the situation of active service in the Civil Service of the Autonomous Community in which they are integrated.

The Autonomous Communities, in proceeding to this integration of the officials transferred as their own officials, will 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 Civil Service of origin as if they were on active service in accordance with the provisions of the respective Statutes of Autonomy.

Equality is recognized among all the civil servants 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 that 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 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, will obtain professional recognition of the progress achieved in the system of professional career and its effects on the remuneration position according to the procedure provided for in the Sectoral Conference Conventions and other collaboration instruments that establish measures of inter-administrative mobility, provided for in article 84 of this Statute. In the absence of such Agreements or instruments of collaboration, the recognition will be carried out by the Public Administration in which the re-entry occurs.”

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 the Autonomous Administration will be responsible for managing matters relating to the administrative life of the official, including the statement 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 30 April, approving the Consolidated Text of the State Passive Classes Law, which states that retirement or retirement will be agreed by “the corresponding Department of Public Service” in cases where it is a matter of “any kind of State official transferred to Autonomous Communities”.

In the light of the above, in the view of this Centre, the organ 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.

However, it should be noted that the Autonomous Community must communicate such circumstance to the General Administration of the State for the purposes of its entry in the Central Personnel Register.

All of the above is without prejudice to remember 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, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.