Key Benefits:
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PROPOSED LAW NO. 101 /X
Exhibition of Motives
1-The XVII Constitutional Government, considering the weakening of the policies of
social protection and the financial deterioration of the social security system,
verified in the three years prior to his taking of possession, charted in the respective
Programme, as a priority objective of action in this field, the launch of a
third generation of social policies based, on the one hand, on the guarantee of
economic, social and financial sustainability of the social security system and, by
another, in the priority given to combating poverty. In order to the preservation of the
long-term sustainability of the social security system, initiated immediately
the convergence of the social protection regime of officials and agents of the State
in relation to the general regime of social security, particularly in touching age
of reform, while also revoking various special access schemes
early retirement pension, generating situations of severe point iniquities
of a social and unsustainable view from the financial point of view. In view of the
enhancement of the mechanisms for combating poverty and promoting equality of
opportunities, has advanced since as soon as also with the creation of a new provision
extraordinary, the sympathetic complement to the elderly, targeting a segment of the
population still, among us, particularly fragilized from the economic point of view
and social, as it hit by the most severe and persistent levels of poverty.
2-It was possible to adopt all these measures having still under the framework of Law No 32/2002,
of December 20. However, given the need to preserve and strengthen the
financial and social sustainability of the system, in the face of the new constraints
of demographic and economic order with which the Portuguese society is facing,
urge to introduce a set of structural changes which, since soon,
contribute to the minimization of the impact of ageing on balance
financial security financial. Started in the mid-nineties-with the
concretization, under the Act No. 17/2000 of August 8, of new principles in
financing matters and a new formula for calculating retirement pensions
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-, the process of social security reform was inadvertently interrupted to
from April 2002. It matters now to retake it at the right point, immering yourself,
for so much, a political attitude of realism, common sense and responsibility.
Hence, because guided by this attitude of political seriousness, the Government
presented, soon with the proposed State Budget Bill for 2006, a
report containing a concrete and technically substantiated reassessment not
only from the present and future situation of the system, but also from the foreseeable impact
resulting from the adoption of new measures to reform social protection. Complies
now give due legislative framing to measures that, given their nature
structuring and for implying a change in the philosophical conception of the System of
Social Security, complain the passing of a new Bases Act, in the wake
of the important recently hedged Social Security Reform Agreement, in
seat of Standing Committee on Social Concertation.
3-A The proposal that presents itself translates, in fact, a cut in the face of solutions
contained in the still current Law No. 32/2002 of December 20, or in the plan of the
generic conception of the System (its structure and relative size of each of the
its subsystems and regimes), either in the plan of the informers principles, and
contraption you with a view that considers itself more progressive in the way of designing the
social security listening to the constraints that today condition it.
This proposal intends to break with the option, contained in Law No. 32/2002, of 20 of
December, which called into question the principle of the primacy of public management of the
system, with certainly gravitatious consequences from the social point of view and even
economic. Let's add that not settling in that law substantive limits and
sufficiently tight procedurals, which accrunes the costs of transition
of the current model for the proposed there, open the door to untimely concretion
of the private complementarity, without sufficient respect for the principle of
solidarity and putting at risk the immediate balance of the system, and soon also the
your future sustainability.
4-A The proposal now put forward by the Government devotes important changes, since
soon, as to the architecture of the system. This one appears structured second three
pataseas that are intended to be articulated and functioning in an integrated manner,
guaranteeing all citizens access to social protection. Thus, in the first
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place, the system of social protection of citizenship that is in turn, in turn,
divided into the subsystems of social action, solidarity and family protection.
Second, the previdential system and, in third, the complementary system,
constituted, for its part, by the public capitalisation scheme and the schemes
complementary to collective and individual initiative.
The proposal welcomes a universalist view of the system, giving emphasis, in terms
systematics and background (Chapter I), the system of social protection of citizenship
(first plateau), there including also now family protection, and so
ending-as is logical and natural-all the protection of citizenship. What if
intends here, in order to the efectiveness of social justice and to the affirmation of a larger
redistributive pendor, is to combine, in a balanced way, the principle of
universality with the principles of selectivity (condition of resources) and of the
positive differentiation in function of income and the aggregate size
family (by the modulation and flexibility of benefits). In addition, it recovers the
solution-already plastered in Law No. 17/2000, of August 8-of inclusion in this
System, of social action. This is, in effect, an area of social protection
characterized by its objectives of combating poverty, promoting inclusion
and of ensuring equal opportunities, favoring basic levels of life
with dignity, being in it primarily concerned with the idea of protection of citizenship.
The second plateau is now equivalent to the previdential system (Chapter III), marked
amusement by the principle of the contributivity, yet it aces the principle of the
solidarity (of labour base) and even positive differentiation (since soon, at rates
of replacement of pensions). There was still the concern to make reference and
summary explanatory to the main operative concepts of these system, such as
"contributory obligation", "taxpayer obligations" and " record of remuneration
by equivalence ".
5-But, above all, the Chapter in appreciation, along with the new ones
provisions common to this and the Citizenship Social Protection System (Chapter
IV), devotes a set of important and structuring measures of reform of the
social security system. So, first of all, the allusion to the institute of the
officious supply of the taxpayer obligations that will allow the services of the
social security, in the event of non-compliance of the respective obligations
declarative, replace them officiously, in such a way as to avoid contributory hiatus
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which may call into question the thematic collection of recipes. In the second place, the
profound amendment of the article relating to the determination of the amounts of the
contributions, suppressing the prediction of the two contributory tects predicted in the
Law No. 32/2002 of December 20, but by holding an allusion to the possibility
of creating a top contributory roof or an eventual rate reduction
contributor. The introduction of these measures is now surrounded by, however,
increased substantive and procedural cautions, specifically by necessity
of respect for the principle of solidarity and preservation of balance and
sustainability of the system. In addition to this, the appropriateness of the effort is expected
contributory, justified by the changes in economic, social conditions and
demographics, specifically by the pooling of apportionment techniques and
capitalisation, to be realized later in the complementary system ( maxime with
the new public capitalization regime). In the third place, the consecration of a
new rule regarding the promotion of birth, predicting itself for both the introduction
of new mechanisms of bonification or modulation of benefits. In room
place, the introduction, in the determination of the amounts of the pensions, of the factor of
sustainability, related to the evolution of the average life expectancy and which will be
the fundamental element of adequacy of the pension system to the modifications of
demographic or economic origin, thus contributing, unequivocally, to the
safeguarding the future sustainability of social security. In fifth place, but
no less important, the prediction of introduction of the Indexing of Social Apoios,
that will replace the current indexations to the national minimum wage and, well, the
establishment of new rules in respect of updating the value of benefits.
A final reference still, contemplated in the transitional provisions, to the
shortening of the transition period from the old rules of calculation of pensions to
the new ones, constants of the Decree-Law No. 35/2002 of February 19, measure
considered fundamental not only in the plan of social justice, as yet of the
point of view of the financial balance, preserving, however, its nature
gradual and the safeguarding of acquired rights.
6-Also with regard to the configuration of the supplementary system (the third
level of protection, in Chapter V), if important novelties are contemplated. Treats-
if, first of all, of a different conception: it is now understood to
true complementary system of the public previdential system and not as its
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substituted tendential. Then, it is planned, in innovative terms, a public regime
of capitalization, based on the creation of individual accounts fed through the
additional and optional contributory effort that the beneficiary decides to do in the framework
of the payment of the respective quotization / contribution. The creation of this new regime
translate, from the point of view of the beneficiaries, into an effect of improvement of the
respective value of the pension, compensating, in particular, the possible losses
felt because of the application of the sustainability factor. But, above all, the
establishment of this regime is a decisive step in deepening responsibility
individual citizens, in the management of their contributory career, without however, putting in
cause, the value of intergenerational solidarity that is now purports even
reinforce. Finally, the proposal does not stop contemplating the normative framework
essential in which they will be able to develop and operate the private initiatives
complimentary, collective or individual, deferring to ordinary legislation to
its realization.
7-Concretizing, for, the Social Security Reform Agreement, this proposal
sets out the framework necessary for the implementation of the measures that will contribute, from
unambiguous form, for the resolution of the long-term financial problems of the
Social Security, without this abdition yet of its sympathetic vocation.
It combines in a balanced way the values of solidarity and freedom and of the
individual responsibility, welcomes, with reservation of the principle of the priming of the management
public, the sharing of tasks among the various sectors of society, with a view to the
bringing about widespread and fair social protection, which knows to be an element
of stimulus and not to hinder growth and economic development
continuous of the country.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
Objectives and principles
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Article 1.
Subject
This Law sets out the general bases on which the social security system is based,
hereinafter referred to as a system, as well as the initiatives particulars of analogous purposes.
Article 2.
Right to social security
1-Everyone has a right to social security.
2-The right to social security is efective by the system and exercised in the terms
established in the Constitution, the applicable international instruments and the
present law.
Article 3.
Irrenunciability of the right to social security
They are null and void the clauses of the contract, individual or collective, by which to renounce the
rights conferred by this Law.
Article 4.
Objectives of the system
They constitute priority objectives of the social security system:
a) Ensure the realization of the right to social security;
b) Promoting the sustained improvement of conditions and levels of social protection
and the reinforcement of the respective equity; and
c) To promote the effectiveness of the system and the efficiency of its management.
Article 5.
General principles
They constitute general principles of the system the principle of universality, equality,
solidarity, social equity, positive differentiation, subsidiarity, the
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social insertion, intergenerational cohesion, the primacy of public responsibility, of the
complementarity, unity, decentralization, participation, effectiveness, the
tutelage of acquired rights and rights in training, judicial assurance and the
information.
Article 6.
Principle of universality
The principle of universality consists in the access of all persons to social protection
ensured by the system, in the terms defined by law.
Article 7.
Principle of equality
The principle of equality consists in the non-discrimination of the beneficiaries,
in particular on the grounds of sex and nationality, without prejudice, as to this, of
conditions of residence and reciprocity.
Article 8.
Principle of solidarity
1-The principle of solidarity consists of the collective responsibility of the people
each other in the realization of the purposes of the system and involves the state contest in the
its funding, under the terms of this Law.
2-The principle of solidarity comes to fruition:
a) On the national level, through the transfer of resources among the citizens, from
form to enable all effective equality of opportunity and the guarantee
of minimum social income for the most disadvantaged;
b) In the labour plan, through the operation of redistributive mechanisms in the
scope of professional basic protection; and
c) In the intergenerational plan, through the combination of financing methods
in apportionment and capitalization regime.
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Article 9.
Principle of social equity
The principle of social equity translates into the equal treatment of equal situations and in the
differential treatment of unequal situations.
Article 10.
Principle of positive differentiation
The principle of positive differentiation consists in the relaxation and modulation of the
benefits depending on income, social eventualities and other factors,
particularly, of a family, social, labour and demographic nature.
Article 11.
Principle of subsidiarity
The principle of subsidiarity is based on the recognition of the essential role of
people, families and other non-public institutions in the pursuit of the objectives
of social security, specifically in the development of social action.
Article 12.
Principle of social insertion
The principle of social insertion is characterised by active nature, preventive and
personalized of the actions developed within the framework of the system with a view to eliminating the
causes of marginalization and social exclusion and to promote human dignification.
Article 13.
Principle of intergenerational cohesion
The principle of intergenerational cohesion implies an adjusted balance and equity
generational in the assumption of the responsibilities of the system.
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Article 14.
Principle of the primacy of public responsibility
The principle of the primacy of public responsibility consists of the duty of the State to
creating the necessary conditions for the efectiveness of the right to social security and to organize,
coordinate and subsidize the social security system.
Article 15.
Principle of complementarity
The principle of complementarity consists in the articulation of the various forms of
public social, social, cooperative, mutualistic and private social protection with the objective
of improving coverage of the situations covered and promoting the sharing of the
responsibilities in the different pataseas of social protection.
Article 16.
Principle of unity
The principle of unity presupposes an articulated performance of the different systems,
subsystems and social security schemes in the sense of their harmonisation and
complementarity.
Article 17.
Principle of decentralization
The principle of decentralization manifests itself by the autonomy of the institutions, having in
view a further rapprochement of populations, in the framework of the organisation and planning
of the system and national framework standards and guidelines, as well as the functions of
supervision and oversight of public authorities.
Article 18.
Principle of participation
The principle of participation involves the accountability of those interested in the definition,
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in the planning and management of the system and the monitoring and evaluation of its
health.
Article 19.
Principle of effectiveness
The principle of effectiveness consists in the timely provision of the benefits legally
provided for, for an appropriate prevention and repair of eventualities and promotion of
digniped conditions of life.
Article 20.
Principle of the tutelage of acquired rights and rights in formation
The principle of the tutelage of acquired rights and rights in training aims to ensure the
respect for these rights, pursuant to this Law.
Article 21.
Principle of judicial guarantee
The principle of judicial guarantee assures those interested in access to the courts, in
Useful time, to make it worth your right to benefits.
Article 22.
Principle of information
The principle of information consists in the disclosure to all persons of their rights and
duties as well as in informing your situation in the face of the system and in your
personalized listening.
Article 23.
Composition of the system
The social security system covers the system of social protection of citizenship, the
previdential system and the supplementary system.
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Article 24.
Administration of the system
1-Compete to the State, with regard to the public component of the system of
social security, ensure your good administration.
2-Compete still to the State to ensure, with regard to the schemes
complementary to non-public nature, an appropriate and effective regulation,
prudential supervision and surveillance.
Article 25.
Relation with foreign systems
1-The State promotes the celebration of international instruments of coordination
on social security with the aim of being to ensure equal treatment to the
people and their families who exercise activity or reside in the territory of the States
Concerned with respect to the rights and obligations under the applicable law,
as well as the conservation of rights acquired and in formation.
2-The State shall also promote participation or adherence to instruments that are aimed at
the development or convergence of the social security standards adopted in the
framework of international organizations with competence in the matter.
CHAPTER II
System of social protection of citizenship
Section I
Objectives and composition
Article 26.
Objectives
1-The system of social protection of citizenship has for objectives to guarantee rights
basic citizens and equal opportunities, as well as promoting the good-
be and social cohesion.
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2-For realization of the objectives mentioned in the preceding paragraph, it is incumbent on the
social protection system of citizenship:
a) The actuation of the right to vital minimums of citizens in a situation of deficiency
economic;
b) The prevention and eradication of situations of poverty and exclusion;
c) The compensation for family charges; and
d) The compensation for charges in the fields of disability and dependence.
Article 27.
Promotion of birth
1-A The law may establish special birth promotion conditions that
favour the reconciliation between personal, professional and family life and meet, in
special, to the times of assistance to minor children.
2-The conditions referred to in the preceding paragraph may consist of, in particular, the
development of social support equipment in early childhood, in
special mechanisms of support for motherhood and parenthood and differentiation and
modulation of benefits.
Article 28.
Composition
The social protection isteme of citizenship encompasses the subsystem of social action, the
solidarity subsystem and the family protection subsystem.
Section II
Subsystem of social action
Article 29.
Objectives
1-The subsystem of social action has as fundamental objectives the prevention and
remediation of situations of deficiency and socio-economic inequality, of dependence,
of dysfunction, exclusion or social vulnerability, as well as integration and
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community promotion of people and the development of their respective
capacities.
2-The social action subsystem ensures even special protection for groups more
vulnerable, namely children, young people, people with disabilities and the elderly, well
as to other people in a situation of economic or social dementia.
3-A Social action should still be combined with other public social policies, well
how to be articulated with the activity of non-public institutions.
Article 30.
Benefits
The objectives of social action are realized, in particular through:
a) Social services and equipment;
b) Programs to combat poverty, dysfunction, marginalization and exclusion
social;
c) Pecuniary benefits, of an eventual character and in conditions of
exceptionality; and
d) Benefits in kind.
Article 31.
Development of social action
1-A social action is developed by the state, authorities and institutions
not-for-profit private, according to the priorities and programs defined
by the State and in line with the defined principles and guidelines
in the following numbers.
2-A The realization of social action shall comply with the following principles and lines of
guidance:
a) Priority intervention of the entities closest to the citizens;
b) Social development through the qualification and community integration of the
individuals;
c) Contractualization of responses in an optics of engagement and of
accountability of recipients;
d) Personalization, selectivity and flexibility of benefits and supports
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social, so as to allow for their suitability and effectiveness;
e) Efficient use of social services and equipment, with elimination of
overlaps, gaps in acting and asymmetries in the geographical provision of the
resources involved;
f) Enhancement of partnerships, consisting of public and private entities,
for an integrated performance with the people and families;
g) Stimulation of social volunteerism, with a view to ensuring a greater
participation and involvement of civil society in the promotion of welfare and
a further harmonisation of social responses; and
h) Development of efficient articulation among entities with
social responsibilities and services, particularly of health and of
education.
3-The development of social action connates itself in the targeted support of the
families, and may involve, in the terms to be defined by law, the recourse to grants,
agreements or protocols of cooperation with the private institutions of
social solidarity and others.
4-A creation and access to social services and equipment are promoted,
encouraged and supported by the State, involving, where possible, the partners
referred to in paragraph 6.
5-A The use of social services and equipment can be conditioned to the
payment of compartments by the respective recipients, taking into account the
their incomes and those of their respective households.
6-The development of social action is realized, within the framework of local intervention,
by the establishment of partnerships, specifically through the social network,
involving the participation and collaboration of the different bodies of the
central government, local authorities, public institutions and the
private institutions of social solidarity and other private institutions of
recognized public interest.
Article 32.
Private institutions of social solidarity
1-The State supports and values the private institutions of social solidarity and other
of recognized public interest, without a lucrative character, to pursue objectives
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of social solidarity.
2-Private institutions of social solidarity and others of recognized interest
public without a lucrative character, enshrined in Article 63 (5) of the Constitution,
are subject to mandatory registration.
3-The State exercises powers of surveillance and inspection on the institutions
individuals of social solidarity and others of recognized public interest without
lucrative character, which pursue goals of a social nature, in order to guarantee
the effective fulfillment of the respective legal and contractual obligations,
in particular of those resulting from the agreements or protocols of cooperation concluded
with the State.
Article 33.
From the initiatives of private individuals
The social services and equipment pursued by private entities with purposes
lucrative can benefit from incentives and benefits provided for in the law.
Article 34.
Licensing, inspection and surveillance
The services and equipment secured by private institutions and entities with or
not-for-profit require no prior licensing and are subject to inspection and
supervision of the state under the law.
Article 35.
Social responsibility of companies
The State stimulates and supports the initiatives of the companies that contribute to the
development of social policies, specifically through the creation of
equipment and social action services of maternity support and parenthood, à
childhood and old age and that contribute to a better reconciliation of personal life,
professional and family members of the household.
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Section III
Subsystem of solidarity
Article 36.
Objectives
1-The solidarity subsystem is intended to ensure, on the basis of solidarity of
the whole community, essential rights for the way to prevent and eradicate situations
of poverty and exclusion, as well as to guarantee benefits in situations of
proven personal or family need, not included in the previdential system.
2-The solidarity subsystem may cover also, in the terms to be defined by law,
situations of social or economic compensation by virtue of insufficiencies
contributors or prestationals of the previdential system.
Article 37.
Personal scope
1-The subsystem of solidarity covers national citizens, and may be made
extensive, under the conditions laid down in law, to non-nationals.
2-Access to benefits obeys the principles of social equity and differentiation
positive and should contribute to promoting the social insertion of people and families
beneficiary.
3-For the purposes set out in this Law, they shall be deemed not to be nationals of refugees,
stateless persons and foreigners not equated with national citizens by instruments
international social security.
Article 38.
Material scope
1-The solidarity subsystem covers the following eventualities:
a) Lack or insufficiency of economic resources of individuals and aggregates
family members for the satisfaction of their essential needs and for promotion
of their progressive social and professional insertion;
b) Invalidity;
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c) Old age;
d) Death; and
e) Insufficiency of the substitutive benefits of the incomes of the labour or the
contributory career of the beneficiary.
2-The solidarity subsystem further covers situations of absolute disability and
definitive of the beneficiaries of the previdential system, in the part necessary to cover the
insufficiency of the respective contributory career in relation to the corresponding value
of the disability pension.
3-The solidarity subsystem may still cover the charges arising from
decrease in revenue or increase in expenses, without specific contributory basis.
Article 39.
Schemes covered
The solidarity subsystem covers, specifically, the non-contributory scheme, the
special scheme for social security of agricultural activities, transitional arrangements or
other formally equated to non-contributors.
Article 40.
Conditions of access
1-A allocation of benefits of the solidarity subsystem depends on residence
in national territory and too much conditions fixed in the law.
2-A The law may, with regard to non-nationals, make access to the allocation conditional
of benefits of certain conditions, particularly of minimum periods of
legal residence or legally-equated situations.
3-A The provision of benefits does not depend on enrolment nor does it involve the payment of
contributions, being determined in relation to the resources of the beneficiary and his / her
family aggregate.
Article 41.
Benefits
1-A protection granted within the framework of the solidarity subsystem concretizes
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through the granting of the following benefits:
a) Social income benefits of insertion;
b) Social pensions;
c) Social allowance for unemployment;
d) Supportive complement for seniors;
e) Social complements; and
f) Other benefits or transfers allocated to specific purposes, in the frame
of the achievement of the objectives of the present subsystem.
2-Without prejudice to the provisions of paragraphs 1 and 3 of the preceding Article, the assignment of
social complements may not depend on the verification of the conditions of residence
and of resources, in the terms to be defined by law.
Article 42.
Amounts of benefits
1-The amounts of cash benefits of the solidarity subsystem are set
by law with the aim of guaranteeing the vital needs of the beneficiaries, in a manner
to ensure basic rights of citizenship.
2-The amounts of benefits referred to in the preceding paragraph may be set at
function of the income of the beneficiaries and the respective households,
as well as of their size, and may be modified as a result
of the change in those incomes, the composition and size of the household or
still from other legally anticipated factors.
Article 43.
Contractuation of the insert
The Act provides, in the context of the conditions for the allocation of the benefits of the subsystem of
solidarity, whenever this proves to be adjusted, the assumption on the part of the
beneficiaries, of a contrup-to-date commitment to insertion and its herd
compliance.
Section IV
Family protection subsystem
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Article 44.
Purpose
The family protection subsystem aims to ensure the compensation of charges
increased family members when the legally anticipated eventualities occur.
Article 45.
Personal scope
The family protection subsystem applies to the generality of the people.
Article 46.
Material scope
The family protection subsystem covers, inter alia, the following
eventualities:
a) Family charges;
b) Charges in the field of disability; and
c) Charges in the field of dependence.
Article 47.
Conditions of access
1-A The allocation of the benefits of the family protection subsystem depends on
residence on national territory and other conditions fixed in the law.
2-A The law may, with regard to non-nationals, make access to the allocation conditional
of benefits of certain conditions, particularly of minimum periods of
legal residence or legally-equated situations.
3-A The law may provide for special conditions of access in function of the eventualities to
protect.
4-The provisions of paragraph 1 shall be without prejudice to the application of the provisions of instruments
international social security.
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Article 48.
Benefits
1-A protection in the eventualities provided for in the scope of the protection subsystem
family concretizes themselves through the granting of pecuniary benefits.
2-A protection referred to in the preceding paragraph is likely to be extended, so
provide response to new social needs, specifically in the case of families
monopard, as well as to those that are specifically relevant to the fields of
disability and dependence.
3-A The law may provide for, with a view to ensuring better coverage of social risks, the
provision of benefits in kind.
4-The right to benefits of the family protection subsystem shall be without prejudice to
allocation of social action benefits referred to in paragraph c) of Article 30 para.
Article 49.
Amounts of benefits
The amounts of cash benefits to be allocated within the scope of the protection provided for in the
this section is established in the function of earnings, composition and
size of the households of the beneficiaries and, eventually, of the burden
supported, being modified under the terms and conditions to be fixed by law.
CHAPTER III
Previdential system
Article 50.
Objectives
The previdential system aims to ensure, based on a principle of basic solidarity
professional, pecuniary benefits substitutive for lost work income in
consequence of the verification of legally defined eventualities.
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Article 51.
Personal scope
1-They are compulsorily covered by the previdential system, in the quality of
beneficiaries, the workers on the account of others or legally equiped and the
independent workers.
2-People who do not exercise professional activity or who, by exercising it, are not,
by that fact, framed compulsorily in the terms of the previous number, may
adhere to the social protection set out in this Chapter, under the conditions laid down in the
law.
Article 52.
Material scope
1-A Social protection regulated in this Chapter integrates the following
eventualities:
a) Disease;
b) Maternity, paternity and adoption;
c) Unemployment;
d) Accidents at work and occupational diseases;
e) Invalidity;
f) Old age; and
g) Death.
2-The cast of the protected eventualities can be extended, depending on the
need to give coverage to new social risks, or reduced, in the terms and
legally foreseen conditions, depending on certain situations and categories
of beneficiaries.
Article 53.
Schemes covered
The previdential system covers the general social security regime applicable to the
generality of employees on account of outrain and self-employed workers,
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the special schemes, as well as the optional enrolment schemes covered by the n.
2 of Article 51 para.
Article 54.
Principle of contributivity
The previdential system must be fundamentally self-financed, having on the basis of a
direct synalagmatic relationship between the legal obligation to contribute and the right to
benefits.
Article 55.
Conditions of access
They are general conditions of access to social protection guaranteed by the system schemes
previdential the enrollment and fulfillment of the contributory obligation of the employees and,
where appropriate, from the respective employing entities.
Article 56.
Obligations of taxpayers
1-The beneficiaries and, in the case of exercise of subordinated professional activity, the
respective employer entities, are required to contribute to the schemes of
social security.
2-A The contributory obligation of the employing entities is with the beginning of the
exercise of the professional activity of employees at their service.
3-A The law defines the mode and conditions of realization of the contributory obligation and of the
too much taxpayer obligations in the face of the system.
4-A The law further establishes, in cases of non-compliance with the obligations of the
taxpayers, the regime of the respective officious supply by the services of the
social security.
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Article 57.
Determination of the amount of contributions
1-The amount of the employees ' contributions on account of others and the
contributions of the employing entities is determined by the application of the fees
legally provided for remuneration which, under the law, constitute the basis of
contributory incidence.
2-A The law sets out the criteria and conditions for the registration of remuneration by equivalence
to the entry of contributions, specifically as to the legal relevance, to the value to
record and the respective period of registration.
3-The contributory fees are fixed, actuarially, depending on the cost of protection
of the eventualities provided for, without prejudice to the possibility of suitability,
in particular in the reason of the nature of the contributing entities, of the situations
specific to beneficiaries or employment policies.
4-A law may provide for mechanisms of appropriateness of the contributory effort, warranted
by changing economic, social and demographic conditions, specifically
upon the conjugation of apportionment and capitalization techniques.
Article 58.
Contributory limits
1-A The law may still provide for, protecting the rights acquired and in formation and
ensuring the financial sustainability of the public component of the system of
apportionment and national public accounts and respect for the principle of
solidarity, the application of upper limits to the values considered as the basis
of contributory incidence or the reduction of the contributory rates of the general schemes,
with a view in particular to the strengthening of the savings of the managed employees
in financial regime of capitalization.
2-A The legal determination of the limits referred to in the preceding paragraph is based on
reasoned proposal in a report that demonstrates, in an unequivocal manner, the
fulfillment of the requirements mentioned in the preceding number and will
compulsorily preceded by assent of the executive board of the Council
National Social Security.
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Article 59.
Responsibility for the payment of the contributions
1-The employing entities are responsible for the payment of the contributions of the
workers at their service, and they are due for the effect to proceed, at the time of the
payment of the remunerations, to the withholding on the source of the corresponding values.
2-Are void the clauses of the contract, individual or collective, by which the worker
takes up the obligation to pay, in whole or in part, the contributions due by the
employing entity.
Article 60.
Coercive collection and prescribing of contributions
1-The contributions and unpaid contributions, as well as other amounts due,
are the subject of coercive collection in the legal terms.
2-A The obligation of the payment of the contributions and contributions prescreved on the deadline
of five years from the date on which that obligation should have been complied with.
3-A prescription interrupts itself by any administrative due diligence, carried out with
knowledge of the payment officer, conducive to settlement or the
collection of the debt.
Article 61.
Conditions for the allocation of benefits
1-Constitute general condition of allocation of benefits, in the eventualities in which
this is required, the course of a minimum contribution period or situation
equivalent.
2-The course of the period provided for in the preceding paragraph may be considered as
fulfilled by recourse to the totalization of contributory or equivalent periods,
registered in the framework of social, national or foreign protection schemes, in the
terms set out in the law or in applicable international instruments.
3-Can still be provided for by law, for each eventuality, special conditions of
access to benefits.
4-A lack of compliance with the obligation to sign up, including the lack of declaration of the
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commencement of professional activity or the lack of payment of contributions relating to
periods of exercise of professional activity of the employees on account of
listen, which is not attributable to them, is without prejudice to the right to benefits.
Article 62.
Determination of the amounts of benefits
1-The value of the remuneration registered shall constitute the basis of calculation for the determination
of the amount of the substitutive pecuniary benefits of the income, real or
presumed, of professional activity.
2-Without prejudice to the provisions of the preceding paragraph, the determination of the amounts of
benefits may also take into account other elements, in particular and
depending on the cases, the nature of the eventuality, the duration of the contributory career,
the age of the beneficiary or the degree of disability.
3-Whenever the cash benefits of the social security schemes show
lower than the legally fixed minimum values is guaranteed to be granted that
value or the attribution of benefits that complement them.
4-The values of sickness and unemployment benefits may not be higher than the
values of the respective reference remunerations, net of taxes and of
contributions to social security, which served as a basis of calculation of the
benefits.
Article 63.
Legal framework of pensions
1-The legal framework of pensions should be, gradually, adapted to the new
social constraints, so as to ensure greater equity and social justice in the
its realization.
2-A The law may enshrine measures of flexibility of the legal age for assignment of
pensions, through mechanisms for reduction or bonification of pensions, depending on
whether to be of a lower age or higher than the one defined in the general terms.
3-A The law may provide for the positive differentiation of replacement rates in favour of the
beneficiaries with lower pay, as long as they respected the principle of
contributivity.
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4-The calculation of old-age and disability pensions is based on the incomes of
work, revalued, of the entire contributory career, in the terms of the law.
5-The values of remunerations that serve as a basis of calculation of pensions should be
updated in accordance with the criteria set out in the law, particularly having
into account the inflation.
Article 64.
Factor of sustainability
1-The amount of the statutory pension, calculated in the legal terms, is applicable
sustainability factor related to the evolution of the average life expectancy,
with a view to the suitability of the system to modifications resulting from changes
demographic and economic.
2-The sustainability factor is defined by the relationship between the average life expectancy
verified in a given year of reference and the average life expectancy that if
check in the year prior to that of the pension requirement.
Article 65.
Accumulation of pensions with income from work
The Act sets out the terms and conditions of accumulation of pensions with income
of work.
Article 66.
Rights acquired and in formation
1-It is applicable to the regimes of the previdential system the principle of the guardian of rights
acquired and the rights in formation.
2-For the effect of the preceding paragraph, consider:
a) Acquired rights, those already recognized or able to be able to
if they find meeting all the necessary legal requirements to their
recognition;
b) Rights in training, those corresponding to the contributory periods and values
of remuneration registered in the name of the beneficiary.
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3-The beneficiaries retain the right to the pecuniary benefits of the schemes of
social security yet transfirms the residence of the national territory, without
injury to the provisions of applicable international instruments.
4-The effects of enrollment do not go extinct by the course of time.
CHAPTER IV
Provisions common to the subsystems of solidarity and family protection and the
previdential system
Section I
Benefits
Article 67.
Accumulation of benefits
1-Unless otherwise legal provision, they are not cumulable among themselves the benefits
emerging from the same fact, provided that relating to the same protected interest.
2-The rules on accumulation of emerging pecuniary benefits from different
eventualities are regulated by law, and under no circumstances may result from your
application amount lower than that of the highest benefit nor excess on the value
total.
3-For the purpose of accumulation of pecuniary benefits can be taken into account
benefits provided by foreign social security systems, without prejudice
of the provisions of applicable international instruments.
Article 68.
Indexing of Social Apoials and updating of the value of benefits
1-The amounts of social supports, specifically the minimum pension values,
are fixed having on the basis of the Indexing of the Social Supports, in the terms defined by
law.
2-The reference value provided for in the preceding paragraph is the subject of annual update,
taking into account a set of an attentive criteria, specifically the evolution of
prices and economic growth.
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3-A annual update of benefits complies with objective criteria set by law
that guarantee respect for the principle of intergenerational equity and by
financial sustainability of the social security system.
Article 69.
Limitation of the right to benefits
The right to accrued pecuniary benefits shall prescribe in favour of the institutions
deveers within five years, counted from the date on which they are laid
the payment, with knowledge of the creditor.
Article 70.
Civil liability of third parties
In the case of competition for the same fact of the right to pecuniary benefits of the
social security schemes with the compensation to be borne by third parties, the
Social security institutions become subrogated in the rights of the aggrieved to the limit
of the value of the benefits it is up to them.
Section II
Guarantees and litigation
Article 71.
Duties of the State and the beneficiaries
1-Compete to the State to guarantee the beneficiaries periodic information concerning their
rights, acquired and in training, specifically in respect of pensions.
2-The beneficiaries have a duty to cooperate with the social security institutions,
by making them, in particular, to be truthful in their statements and requirements
and submit to the verification examinations necessary for the grant or
maintenance of the benefits to which they are entitled.
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Article 72.
Intransmissibility and partial penhorability of benefits
1-The benefits granted by the social security institutions are relatable.
2-The benefits of social security schemes are partially pencilable in the
terms of the general law.
Article 73.
Warranty of the right to information
The beneficiaries and the employing entities are entitled to appropriate information on
the rights and obligations arising from this Act and supplementary legislation.
Article 74.
Certification of regularity of situations
1-Any person or entity subject to obligations before the institutions of
social security may require, at any time, to be issued to you
supporting statement of the regular fulfillment of these obligations.
2-When not the supporting statement mentioned in the number is issued
previous, the particular may request the administrative courts to subpoenathe
Administration for passing of the corresponding certificate, in the legal terms.
Article 75.
Confidentiality
1-The social security institutions covered by this Law shall ensure the
confidentiality of data of a strictly private nature of which they have,
relating to the personal, economic or financial situation of any persons or
entities.
2-A obligation provided for in the preceding paragraph by permission of the respective
interested or whenever there is a legal obligation to disclose the data covered by the
confidentiality.
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Article 76.
Complaints and complaints
1-Those interested in the provision of benefits of the system may submit
complaints or complaints whenever they consider themselves to be aggrieved in their rights.
2-Claims or complaints are addressed to the institutions to whom it is incumbent to grant the
benefits, without prejudice to the contentious guarantees recognized by law.
3-The process to appreciate complaints has a character of urgency.
Article 77.
Contentious guarantees
The actions and omissions of the Administration within the social security system are
susceptible to contentious reaction pursuant to the Code of Procedure in the Courts
Administrative.
Article 78.
Nullity
The administrative acts of assignment of rights or recognition of situations
legal, based on false information, premised dolefully or with bad faith by the
beneficiaries, are void and punished under the applicable law.
Article 79.
Revocation of invalid acts
1-The administrative acts of assignment of rights or payment of benefits
invalid are revoked under the terms and time limits provided for in the law, without prejudice to the
provisions of the following number.
2-Administrative acts for the allocation of invalid continuing benefits may,
surpassed the deadline of the general law, be repealed with effectiveness for the future.
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Article 80.
Failure to comply with legal obligations
The lack of compliance with the legal obligations relating, specifically, to the enrollment in the
system, to the framework in the schemes and to the fulfilment of the contributory obligations,
as well as the adoption of procedures, by action or omission, aimed at obtaining
dismist of benefits, substantiate counter-ordinance or criminal wrongful, in the
terms defined by law.
CHAPTER V
Supplementary system
SECTION I
Composition of the supplementary system
Article 81.
Composition
1-The supplementary system comprises a public capitalisation scheme and schemes
complementary to collective initiative and individual initiative.
2-Supplementary Schemes are recognized as significant instruments of
protection and social solidarity, realized in the sharing of responsibilities
social, owing to their development being stimulated by the state through
incentives deemed appropriate.
SECTION II
Of the public capitalization regime
Article 82.
Characterization
1-The public capitalization regime is an individual voluntary adhesion regime, whose
organization and management is the responsibility of the State, which aims at the assignment of
complimentary benefits of those of the previdential system with a view to strengthening the
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social protection of the beneficiaries.
2-In the realization of the provisions of Article 57 (4), they may be created by law, to
each adherent beneficiary, individual accounts managed in financial regime of
capitalization, which guarantees them a complementary social protection.
3-A The law defines the conditions of accession, the characteristics, the guarantee of rights, the
method of financing, the death-transmission regime and the tax treatment
of the accounts mentioned in the preceding paragraph.
4-A The law further defines the forms of management of individual accounts, specifically the
possibility of contractualization of management with private sector entities.
SECTION III
Collective and individual initiative schemes
Article 83.
Nature of collective initiative schemes
1-The complementary schemes of collective initiative are institution schemes
optional in favour of a determined group of people.
2-Integrate into the schemes referred to in the previous figures the occupational schemes
complementary.
3-The complementary professional schemes cover workers on account of
heard from a company, from groups of companies or from other entities
employers, as well as self-employed workers in a professional sector or
interprofessional.
4-The complementary professional schemes are financed by the entities
employing or by self-employed workers, without prejudice to the possible
payment of quotizations by employees on an account of others.
Article 84.
Nature of individual initiative schemes
Supplementary schemes of individual initiative are of optional institution,
taking on, among others, the form of savings plans-retirement, life insurance, of
capitalization insurance and mutualistic modalities.
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Article 85.
Administration
1-The complementary schemes of collective and individual initiative may be
run by public, cooperative or private entities, particularly of
mutualistic nature, created for this purpose in the legal terms.
2-When, within the framework of a supplementary occupational scheme, it is concerned
allocation of benefits in the eventualities of invalidity, old age and death, the
respective management has to be granted the separate legal entity of the entity that the
instituted.
Article 86.
Regulation, supervision and guarantee of supplementary schemes
1-A creation and modification of the complementary schemes of collective initiative and
individual and its articulation with the previdential subsystem are defined by law
which regulates, in particular, its material scope, the technical conditions and
financial benefits and the guarantee of the respective rights.
2-A The regulation of supplementary schemes of collective initiative must still
realizing the principle of equal treatment on the grounds of sex and protection
legal of the rights acquired and in formation, and set the rules relating to
portability of those rights, to equal tax treatment between regimes and to the
right to information.
3-A regulation, prudential supervision and the surveillance of supplementary schemes
provided for in this section is exercised under the law and by the entities
legally defined.
4-A The law further provides for the institution of mechanisms for guarantee schemes
complimentary referred to in this section.
CHAPTER VI
Funding
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Article 87.
Principles
The financing of the system obeys the principles of diversification of the sources of
funding and selective suitability.
Article 88.
Principle of diversification of sources of finance
The principle of diversification of funding sources implies the broadening of the bases
of obtaining financial resources with a view to, in particular, the reduction of
non-wage costs of the workforce.
Article 89.
Principle of selective suitability
The principle of selective suitability consists in the determination of the sources of
funding and the allocation of financial resources, according to nature and the
objectives of the social protection modalities defined in this Law and with situations
and special measures, particularly those related to active employment policies and
of vocational training.
Article 90.
Forms of financing
1-A guaranteed protection under the system of social protection of citizenship is
funded by transfers from the State Budget.
2-The substitutive benefits of the earnings of professional activity, awarded in the
scope of the previdential system and, as well as active employment policies and
vocational training, are financed by employee contributions and by
contributions from the employing entities.
3-Without prejudice to the provisions of the preceding paragraph, the national counterpart of the expenditure
financed within the framework of the European Social Fund, is supported by the Budget of the
State.
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4-The administration expenses and other common expenses of the system are financed
through the sources corresponding to the systems of social protection of citizenship and
previdential, in the proportion of the respective charges.
5-Can further constitute revenue from the social action the monies laid down by law to
such effect, particularly those from social gaming revenues.
6-The provisions of this Article shall be governed by law.
Article 91.
Public capitalization of stabilization
1-Revert to the Social Security Financial Stabilization Fund an installment
between two and four percentage points of the percentage value corresponding to the
employees ' contributions on account of outrain, until that fund ensures the
coverage of foreseeable expenses with pensions, for a minimum period of two
years.
2-The annual balances of the previdential system, as well as the revenues resulting from the
inheritance of heritage and the gains gained from financial applications, integrate the
fund referred to in the previous number, being managed under capitalisation scheme.
3-There may be no place for the application of the provisions of paragraph 1, if the economic conjuncture of the
year to which it relates or the financial situation of the previdential system
justifiably not allow it.
Article 92.
Sources of funding
They constitute sources of financing of the system:
a) The contributions of workers;
b) The contributions of the employing entities;
c) The transfers of the State and other public entities;
d) The legally provided tax revenue;
e) The income of own heritage and the heritage incomes of the
State consigned to the reinforcement of the Financial Stabilization Fund of the
Social Security;
f) The product of comholdings provided for in the law or in regulations;
36
g) The product of financial penalties;
h) The transfers of foreign bodies;
i) The product of eventual surpluses of the implementation of the State Budget of
each year; and
j) Others legally provided for or permitted.
Article 93.
Social security budget
1-The social security budget is presented by the Government and approved by the
Assembly of the Republic as an integral part of the State Budget.
2-The rules of drafting, organization, approval, implementation and control of the budget
of social security are listed in Law No. 91/2001 of August 20, with the amendments
introduced by the Organic Law No. 2/2002 of August 28, Law No. 23/2003, of 2
of July and Law No 48/2004 of August 24.
3-The Government presents to the Assembly of the Republic a specification of the revenue and
of the expenditure on social security, broken down by the various modalities of
social protection, specifically by the eventualities covered by the systems
previdential and social protection of citizenship and respective subsystems.
4-The Government prepares and further sends to the Assembly of the Republic a projection
long-term, particularly of charges with deferred benefits and
of the employee's contributions and the contributions of the employing entities.
CHAPTER VII
Organization
Article 94.
Organic structure
1-A Organic structure of the system comprises services that are part of the
direct administration and indirect administration of the State.
2-The services to which the last part of the preceding paragraph are referred are legal persons
of public law, called institutions of social security.
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Article 95.
National Social Security Council
1-A participation in the process of policy-making, objectives and priorities of the
system is secured by the National Social Security Council.
2-It shall be created, within the framework of the Council, an executive committee constituted of form
tripartide by representatives of the state, the union social partners and employers.
3-A The law determines the tasks, competences and composition of the Council and of the
executive committee, taking into account, as to the latter, the provisions of the provisions of paragraph 2 of the
article 58 para.
Article 96.
Participation in social security institutions
The law defines the forms of participation in the social security institutions of the
trade union and employer associations, as well as other interested entities in the
operation of the system.
Article 97.
Exemptions
1-Social security institutions enjoy the exemptions recognised by law to the
State.
2-The public funds of capitalization, specifically the Stabilization Fund
Social Security Finance, benefit from the exemptions provided for in the law.
Article 98.
System of information
1-A The management of the social security system is supported in a system of information of
national scope with the following objectives:
a) Ensure that benefits are in a timely manner granted to your
recipients;
b) To ensure the effectiveness of collecting contributions and combating fraud and
38
contributory avoidance, as well as prevent the undue payment of benefits;
c) Organizing national databases; and
d) Develop the procedures and channels that privilege the exchange and access of
information in electronic support, so as to promote debureaucratization and
the acceleration of the decision-making processes.
2-The social security system promotes, where necessary, the articulation of the
data bases of the different interdepartmental areas, with a view to simplifying the
relationship of the people with the Public Administration and improve their effectiveness.
Article 99.
Identification
1-Are subject to identification in the information system the natural persons and
collective that relate to the social security system.
2-A declaration of commencement of activity for tax purposes is officiously communicated
to the social security system.
CHAPTER VIII
Transitional provisions
Article 100.
Safeguarding of rights acquired and in formation
The development and regulation of this Law shall not prejudice the rights
purchased, the warranty deadlines accrued under the previous legislation, nor the
quantitative pensions that result from remuneration registered in the duration of that
legislation.
Article 101.
Transitional arrangements for calculating pensions
Without prejudice to the provisions of Article 63 (4), it shall be made relevant, in the calculation of the
pensions and with respect for the principle of proportionality, the periods of the career
contributory complied with previous legislation, as well as the rules of
39
determination of the pensions then beholdant, when applicable to the situation of the beneficiary.
Article 102.
Socio-professional groups
The Act sets out the terms in which the integration into the previdential system of the
workers and their employing entities for that partially covered.
Article 103.
Special regimes
Special schemes prevailing at the date of the entry into force of this Law shall continue to
to apply, including the provisions on their functioning, to groups of
workers by the same covered, with respect for the rights acquired and in
formation.
Article 104.
Regimes of public function
The convergence of the regimes of the public function with the regimes of the
social security system.
Article 105.
Financing of the social protection system of citizenship
The law sets out the terms of the transition to the form of financing of the system of
social protection of citizenship provided for in Article 90 (1).
Article 106.
Application to provident institutions
They remain autonomous the provident institutions created previously at the entrance to
vigour of Decree-Law No. 549/77 of December 31 with its legal regimes and
forms of custodial management, by becoming subsidised subject to the provisions of the
40
present law and the legislation of it arising, with the necessary adaptations.
CHAPTER IX
Final provisions
Article 107.
Protection in accidents at work
The law establishes the legal regime for compulsory protection in the event of an accident of
work, defining the terms of the respective responsibility.
Article 108.
Autonomous Regions
The application of this Law to the Autonomous Regions of the Azores and Madeira does not
undermines own regulation in organisation and operation, well
as the regionalization of social security services.
Article 109.
Abrogation standard
1-It is repealed Law No 32/2002 of December 20.
2-Until express revocation, the legal and regulatory provisions remain in force
approved under the Laws No 28/84 of August 14, para. 17/2000, of 8 of
August and paragraph 32/2002, of December 20.
Article 110.
Entry into force and production of effects
1-A This Law shall come into force on the day following that of its publication.
2-The provisions of Article 68 shall take effect as of January 1, 2007.
Seen and approved in Council of Ministers of October 12, 2006
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The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs