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Standard on MUFACE: General regulation on administrative mutualism

The fundamental rule that regulates MUFACE is the law, but a Development Regulation was also issued and there are other Royal Decrees and orders regulating significant aspects.

Below we will see the general regulations for MUFACE's activity and competencies. These reflect which civil servants the regulations apply to (those of the Civil Administration), their special contribution, the benefits to which they are entitled such as the healthcare, sanctions, MUFACE organisation, etc

The two most important are the Act and the Regulations

  • Act on Social Security for State Civil Servants, approved by Legislative Royal Decree 4/2000, of 23 June.
  • General Regulations on Administrative Mutualism, approved by Royal Decree 375/2003 of 28 March

Therefore, we will deal with:

  1. The General Regulation of Administrative Mutualism. Their scope of application
  2. Other rules regulating MUFACE.

The General Regulation of Administrative Mutualism. Their scope of application

The Regulation on administrative mutualism, approved by Royal Decree 375/2003, fulfils Act 4/2000 of 23 June, empowering the Minister of Public Administration to dictate or propose to the Government the regulations for applying and developing the law.

The Regulation follows same system and arrangement of matters as the consolidated text of the Act, because the former Act 29/1975 presented a somewhat limited regulation dealing only with the principal content in the fields of benefits and organisation of this special regime, finally providing for a remission of the law in favour of the regulation.

As stated in Article 1 of the Regulation on Administrative Mutualism, its purpose is the development and execution of the consolidated text of the Act on Social Security for State Civil Servants, approved by Legislative Royal Decree 4/2000, of 23 June.

The staff to which the Regulation applies (Article 3 thereof) comprises:

  • Career civil servants in the State Civil Administration
  • Probationary civil servants
  • Civil servants specified in the special cases of the framework of the first additional provision and additional provision 4
  • Civil servants that came from the previous Inspection and Advice Service for Local Corporations

On the other hand, the following are excluded from this MUFACE special scheme:

  • Civil servants in Local Government
  • Autonomous organisations
  • Civil servants in the Military Administration
  • Civil servants in the Justice Administration
  • Civil servants in the Social Security Administration
  • Newly incorporated civil servants and probationers in the autonomous communities
  • Civil servants to the autonomous communities
  • Administrative staff and services specific to universities

Finally, remember that the public body to which the management of administrative mutualism belongs as a unit is MUFACE or the General State Civil Servant Mutual Society (Article 4 of the Regulation)

Other rules regulating MUFACE

They are the following:

  • 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).
  • Royal Decree 657/1989, of 9 June, adapting the contribution percentages of mutual society members and State contribution to the General State Civil Servant Mutual Society, the Armed Forces' Social Institute, and the General Judicial Mutual society, in accordance with the final fifth provision of Act 37/1988, of 28 December, on General State Budgets for 1989. (Official State Gazette no. 142, of 15 June).
  • Royal Decree 1733/1994, of 29 July, adapting procedures with regard to Administrative Mutualism and the Special Fund for the General State Civil Servant Mutual Society to Act 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. (Official State Gazette no. 183, of 2 August).
  • Order PRE/1744/2010, of 30 June, regulating the procedure for recognising, controlling, and monitoring situations of temporary disability, risk during pregnancy, and risk during natural breastfeeding under the Special Social Security Regime of State Civil Servants.
  • Order APU 3554/2005, of 7 November, regulating the procedure for the recognition of the rights deriving from work-related accidents and diseases in the field of administrative mutualism managed by MUFACE (Official State Gazette no. 275, of 17 November).
  • Order APU 2245/2005, of 30 June, regulating complementary healthcare provisions at MUFACE and establishing the procedure for financing portable continuous subcutaneous insulin injection pumps. (Official State Gazette no. 167, of 14 July). Annexes II, III, and IV updated by the Resolution of 8 May, 2007 (Official State Gazette no. 120, of 19 May 2007).
  • Order APU 284/2004, of 2 February, regulating the contribution procedure for mutual society members to the General Mutual Society for State Civil Servants (Official State Gazette no. 39 of 14 February).
  • Order APU 95/2004, of 12 January, dictating the regulations for applying death grants under the Special Social Security Regime of State Civil Servants (Official State Gazette no. 23, of 27 January).
  • Order of 29 July, 1987, (Official State Gazette no. 206, of 28 August) modified by Order of 21 February, 1997, (Official State Gazette no. 52, of 1 March), establishing financial aid for property acquisition by mutual society members.
  • Resolution of 25 May 2018 of the General State Civil Servant Mutual Society, on delegation of competencies (Official State Gazette no. 132, of 31 May).
  • Resolution of 26 June 2014 of the General State Civil Servants Mutual Society, regulating healthcare abroad.

Members must understand the following general contents relating to the insurance for civil servants:

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