National Police Unit Secondment and Personnel Retirement Rules
Secondment of National Police Units
An innovation introduced by the LOFCS is the possibility to assign units of the National Police to the Autonomous Communities (CC. AA.).
According to Article 47 of the Act, Autonomous Communities that intend in their statutes the creation of their own police force, and still have not exercised that power, may exercise functions proper to the regional police, through the assignment of units of the National Police.
Such assignment must be requested by the Autonomous Communities to the Government through the Interior Ministry. The respective conditions must always respect the following principles:
- Secondment must affect complete operating units, not individual members of attached units.
- Said units will depend functionally on the Autonomous Community and the agencies of the Interior Ministry.
- Units must always act under the command of their natural leaders.
- Units may be replaced at any time at the initiative of the State authorities or the authorities of the concerned CC. AA.
Retirement and Second Activity Status
Conditions for Retirement of Police Functionaries (PL)
The retirement of PL functionaries will follow these conditions:
- Forced Retirement: Occurs when officials meet the official age that is legally defined.
- Permanent Disability: Retirement is declared officially or upon request due to permanent disability for the exercise of functions.
- Voluntary Retirement: Stated upon application, typically upon reaching age 60 and having completed 30 years of service.
Criteria for Second Activity Status
A component moves to Second Activity status when their ability to serve in ordinary psycho-physical conditions is diminished or by reason of age. This location is determined in accordance with the following criteria:
- By Reason of Age: From age 55.
- By Reason of Psycho-Physical Conditions: Occurs either automatically or by request, following an official medical opinion.
- The Second Activity must be developed in the same body to which they belong.
- It must not involve a diminution in remuneration.
- Personnel in Second Activity are not allowed to participate in promotion processes in the PL.
- Personnel remain in active service until they are seated in Second Activity.