Computation of the post-retirement period for the purpose of personal degree consolidation

The question raised is about how to compute, for the purposes of personal recognition, the postponement period.

Thus, in the first place, it is necessary to analyze the legal framework of application, which in this case is the General Regulation of Entry of Personnel to the Service of the Administration, approved by Royal Decree 364/1995, of March 10 (RGI, hereinafter).

In view of the above, the question raised focuses on determining the attribution of the times of cessation and takeover in a new post and, in particular, what happens when a staff member reaches a grade during the post-retirement period.

In this regard, Article 48 RGI states the following:

“1. The term for taking office will be three working days if it does not involve a change of residence of the official, or one month if it involves a change of residence or re-entry into active service.

The period for taking office shall begin on the day following the cessation, which shall take place within three working days following the publication of the resolution of the competition in the ‘Official State Gazette’. If the decision involves re-entry into active service, the term of takeover must be computed from that publication. (…)

4. After taking office, the postponement period shall be considered as active service for all purposes, except in cases of re-entry from the situation of voluntary leave or child care leave after the first year.”

In these cases of change of post there are no gaps in the provision of services since the official has worked interrupted so that each term (of cessation and takeover) will be applied for the consolidation, where appropriate, of one degree or another, which will have to be analyzed in the light of the provisions of art. 70 RGI (consistent with the provisions of art. 21 of Law 30/1984, of 2 August, on Measures for the Reform of the Public Service, in force in this matter in accordance with the provisions of Additional Provision fourth.2 of the consolidated text of the Law on the Basic Statute of the Public Employee, approved by Royal Legislative Decree 5/2015, of 30 October), which contains the general rules on personal degree and, in particular, with regard to those of the interruption or not of the deadlines to consolidate a certain personal degree.

Therefore, given the active service nature of the postponement period provided for in Article 48 of the Regulation approved by Royal Decree 364/1995, of 10 March, this postponement period has to be calculated for the purpose of consolidation of degree with respect to the position in which it is taken possession when appropriate, counting, for the purposes of the position of origin, only those of the period provided for the cessation thereof.

As an example of the application of this criterion for the purpose of determining whether or not there has been consolidation of a certain grade, the case arises of a staff member who has consolidated a grade 28, occupies a level 30 since 1 August 2011 and ceases on 9 July 2013, but does not take office in his new duty station of level 28 until 1 August 2013.

That is, given that for 22 days it is in the post-sessional period (in the specific case the official had ceased in Madrid and was going abroad), it is considered whether it could consolidate level 30 (since if it is understood that during that period it continues to consolidate at level 30, the two years necessary for this would have elapsed as provided in art. 70 RGI) or on the contrary it would not be possible.

From the information provided, it follows that the staff member’s dismissal from the level 30 post has taken place on a voluntary basis, in which case and given the active service nature of the post-retirement period, they have to be counted for the purpose of consolidation of degree with respect to the post in which he takes office, as mentioned in Article 48.4 RGI. Counting for the purpose of consolidation of level 30 of the previous post, only those of the term foreseen for the cessation of the same (in this case, until July 9, 2013).

Therefore, the time limit for taking office (from that date until 1 August) will be charged only to the new post at level 28, which does not allow the final consolidation of level 30. This is due to the fact that once the deadline for cessation has passed, there is an interruption in the provision of services in this, the two-year period necessary to have consolidated the 30 has not elapsed.

In conclusion, as has been pointed out, the postponement period must be calculated for the purpose of consolidation of degree with respect to the post in which it takes office when appropriate, taking into account, for the purposes of the post of origin, only those of the period foreseen for the cessation thereof.

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.