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PROPOSED LAW NO. 105 /X

Exhibition of reasons

The health subsystems of the Public Administration assume a key role in the

access of employees and agents to health care, or by way of schemes

conventionedoutored with providers of the health services, either through

free regimes with the comparticipation of the expenses incurred.

With the evolution of these subsystems and the increasing number of situations covered,

there is a situation of serious budget deficit in these areas, so if

has seen in these last few years an increase in their respective weight in the scope of the effort

financial from the state. In parallel to this increase in costs, it has virtually stagnated the

amount of revenue from the discount made by the beneficiaries, whose

percentage of 1% has remained unchanged, notwithstanding the widening of benefits

granted. Adding, as a factor of financial imbalance, the increase in the number of

retirees however checked.

In this way, having present the need to redress financial imbalances

of these sub-systems, the respective beneficiaries should contribute to their

feasibility by updating the respective percentage of discount.

Cumulatively, for reasons of equity, you are also opting to take part in this

effort the retired beneficiaries, fixing a 1% discount on pensions from

retirement and retirement when the respective amount is equal to or greater than the value

corresponding to one-and-a-half times the guaranteed monthly minimum consideration, determining

consequently the discount for discount in respect of all lower value pensions

at one and a half times the guaranteed monthly minimum consideration.

Finally, a transitional regime in the framework of subsystems continues to be preserved.

of Assistance in Disease to the Military of the Republican National Guard, Assistance

in the Disease to the Personnel of the Public Security Police, Social Services of the

Ministry of Justice and Assistance in the Disease to the Military of the Armed Forces,

where the gradual and progressive update of the percentage of the discount is expected to

reach the 1.5% percent.

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The procedures for constant negotiation and hearing of the Law n were observed.

23/98, of May 26, of Law No. 14/2002, of February 19 and of the Organic Law n.

3/2001, of August 29.

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:

Article 1.

Subject

This Law establishes the new discounting scheme of the health subsystems of the

Public Administration, changing the Decree-Law No. 118/83 of February 25 on the

wording given to it by the Decrees-Laws No 90/98 of April 14, para. 279/99, of

July 26, and No. 234/2005, of December 30, the Decrees-Laws No. 158/2005, of 20

of September, paragraph 167/2005, of September 23, and para. 212/2005 of December 9, and

revoking the Decree-Law No. 125/81 of May 27.

Article 2.

Addition to the Decree-Law No. 118/83, of February 25

It is added to Decree-Law No. 118/83 of February 25 on the wording that was given to it

by Decrees-Laws No 90/98 of April 14, para. 279/99, of July 26, and para.

234/2005, of December 30, Chapter V, with the following wording:

" Chapter V

Financing and liability for payment

Article 46.

Discounts on remunerations

The base remuneration of the holders of the holders shall be subject to the discount of

1.5%, under the terms of the paragraph c) of Article 14 (1) of the Decree-Law

n 353-A/89, of October 16.

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Article 47.

Discounts on pensions

1-The retirement and retirement pensions of the titular beneficiaries,

when your amount is equal to or greater than the value corresponding to a

time and a half the guaranteed monthly minimum retribution, stay immediately

subject to the 1% discount, being the subject of annual update to the

maximum amount provided for in the previous article.

2-When the application of the percentage provided for in the preceding paragraph,

result pension of less than one time and a half to minimum consideration

monthly guaranteed, this one is free of discount.

Article 48.

Fate of discounted importations

Discounted importations in the terms of the previous articles constitute

revenue from the Directorate General for Social Protection for Employees and Agents

of the Public Administration, it affects the financing of the benefits

established in this diploma. "

Article 3.

Amendment to Decree-Law No 158/2005 of September 20

It is amended Article 24 of the Decree-Law No. 158/2005 of September 20, which passes

the following:

" Article 24.

[...]

1-A base remuneration of the beneficial owners, on the asset, on the reservation and

in the pre-retirement, and the extraordinary beneficiaries shall be subject to the

discount of 1.5%.

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2-The retirement and retirement pensions of the titular beneficiaries and

extraordinary, when your amount is equal to or greater than the value

corresponding to one-and-a-half times the guaranteed monthly minimum consideration,

are immediately subject to the discount of 1%, being the subject of

annual update up to the maximum amount provided for in the preceding paragraph.

3-When the application of the percentage provided for in the preceding paragraph,

result pension of less than one time and a half to minimum consideration

monthly guaranteed this one is free of discount.

4-[ Previous Article No 2 ]. "

Article 4.

Addition to the Decree-Law No. 158/2005, of September 20

It is added to the Decree-Law No. 158/2005 of September 20, Article 5 with the

following wording:

" Article 5.

Extraordinary beneficiaries

1-The officials and agents, beneficiaries holders of ADSE, who are

spouses or living in de facto union with beneficiaries of the scheme

of assistance in sickness to the staff of GNR and PSP, may opt for your

enrollment as extraordinary beneficiaries of the assistance scheme in the

sickness to the staff of GNR and PSP.

2-The officials and agents who exercise the right provided for in the number

previous may not reapply in ADSE, save in case of:

a) Divorce;

b) Judicial separation of persons and goods;

c) Dissolution of the de facto union;

d) Loss or suspension of the quality of beneficiary holder of the scheme of

assistance in the disease to the staff of GNR and PSP by the

spouse or of the person with whom you live in de facto union.

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3-In cases provided for in any of the items in the preceding paragraph, the

re-enrollment in ADSE is mandatory for enrolled employees and agents

by December 31, 2005 and optional for the remaining.

4-The beneficiaries of ADSE with the quality of family or equiped

of officials and agents who exercise the right of option referred to in paragraph 1

go on to benefit from the sickness assistance scheme to the GNR staff

and of the PSP, applying for the provisions of paragraph 2.

5-The regime applicable to the extraordinary beneficiaries of the scheme of

assistance in sickness to the staff of GNR and PSP is defined by portaria

joint of the members of the Government responsible for the areas of

Internal Administration, Finance and Public Administration. "

Article 5.

Amendment to Decree-Law No 167/2005 of September 23

It is amended Article 13 of the Decree-Law No. 167/2005 of September 23, which passes

the following:

" Article 13.

[...]

1-A base remuneration of the beneficial owners, on the asset, on the reservation or

in the pre-retirement, and the extraordinary beneficiaries shall be subject to the

discount of 1.5%.

2-The retirement and retirement pensions of the titular beneficiaries and

extraordinary, when your amount is equal to or greater than the value

corresponding to one-and-a-half times the guaranteed monthly minimum consideration,

are immediately subject to the discount of 1%, being the subject of

annual update up to the maximum amount provided for in the preceding paragraph.

3-When the application of the percentage provided for in the preceding paragraph,

result pension of less than one time and a half to minimum consideration

monthly guaranteed this one is free of discount.

4-[ Previous Article No 2 ]. "

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Article 6.

Addition to the Decree-Law No. 167/2005, of September 23

It is added to the Decree-Law No. 167/2005 of September 23, Article 5 with the

following wording:

" Article 5.

Extraordinary beneficiaries

1-The officials and agents, beneficiaries holders of ADSE, who are

spouses or living in de facto union with holders of ADM holders,

may opt for their enrollment as extraordinary beneficiaries of ADM.

2-The officials and agents who exercise the right provided for in the number

previous may not reapply in ADSE, save in case of:

a) Divorce;

b) Judicial separation of persons and goods;

c) Dissolution of the de facto union;

d) Loss or suspension of the quality of ADM holder by

part of the spouse or the person with whom you live in de facto union.

3-In cases provided for in any of the items in the preceding paragraph, the

re-enrollment in ADSE is mandatory for enrolled employees and agents

by December 31, 2005 and optional for the remaining.

4-The beneficiaries of ADSE with the quality of family or equiped

of officials and agents who exercise the right of option referred to in paragraph 1

they go on to benefit from the ADM scheme, applying for the provisions of paragraph 2.

5-The regime applicable to extraordinary beneficiaries of ADM is defined

by joint porter of the members of the Government responsible for the areas of

National Defense, Finance and Public Administration. "

Article 7.

Amendment to Decree-Law No 212/2005 of December 9

It is amended Article 7 of the Decree-Law No. 212/2005 of December 9, which passes on

following wording:

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" Article 7.

[...]

1-A base remuneration of the titular beneficiaries, in the asset or in the

availability, and of the extraordinary beneficiaries is subject to the discount

of 1.5%.

2-The retirement pensions of the holders and extraordinary beneficiaries,

when your amount is equal to or greater than the value corresponding to a

time and a half the guaranteed monthly minimum retribution, stay immediately

subject to the 1% discount, being the subject of annual update to the

maximum amount provided for in the preceding paragraph.

3-When the application of the percentage referred to in the preceding paragraph,

result pension of less than one time and a half to minimum consideration

monthly guaranteed, this one is free of discount.

4-The discounted importations in the terms of the previous figures

constitute revenue of the SSMJ. "

Article 8.

Addition to the Decree-Law No. 212/2005, of December 9

It is added to the Decree-Law No. 212/2005 of December 9, Article 4 with the

following wording:

" Article 4.

Extraordinary beneficiaries

1-The officials and agents, beneficiaries holders of ADSE, who are

spouses or living in de facto union with grantees holders of the

health subsystem of SSMJ, may opt for their enrollment as

extraordinary beneficiaries of the SSMJ health subsystem.

2-The officials and agents who exercise the right provided for in the number

previous may not reapply in ADSE, save in case of:

a) Divorce;

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b) Judicial separation of persons and goods;

c) Dissolution of the de facto union;

d) Loss or suspension of the quality of beneficiary beneficiary of the subsystem

of health of the SSMJ on the part of the spouse or of the person with whom you live

in de facto union.

3-In cases provided for in any of the items in the preceding paragraph, the

re-enrollment in ADSE is mandatory for enrolled employees and agents

by December 31, 2005 and optional for the remaining.

4-The beneficiaries of ADSE with the quality of family or equiped

of officials and agents who exercise the right of option referred to in paragraph 1

go on to benefit from the scheme of the SSMJ health subsystem,

applying for the provisions of paragraph 2.

5-The scheme applicable to the extraordinary beneficiaries of the subsystem of

health of the SSMJ is defined by joint poration of the members of the Government

responsible for the areas of Justice, Finance and Administration

Public. "

Article 9.

Transitional provisions

1-A percentage referred to in Article 47 (1) of the Decree-Law No. 118/83, 25 of

February, as amended by Article 2 of this Law, is updated to 1

of January each subsequent year by 0.1 percentage points until it was reached

percentage referred to in Article 46, of the same decree-law.

2-For the beneficiaries holding the Assistance in the Disease to the Guard's Military

Republican National and Assistance in Disease to Security Police Personnel

Public at the date of entry into force of the Decree-Law No. 158/2005 of September 20, the

discount provided for in Article 24 (1) of this diploma, in the wording given by the

this Act, is 1% as of the date of entry into force of this Law, being

updated to January 1 of each subsequent year by 0.1 percentage points until it is

achieved the percentage referred to in the mentioned article.

3-A percentage referred to in Article 24 (2) of the Decree-Law No. 158/2005 of 20

of September, in the wording given by this Law, is updated to January 1 of each

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subsequent year by 0.1 percentage points until the percentage referred to in the

n. 1 of the same article.

4-The discount provided for in Article 13 (1) of the Decree-Law No 167/2005 of 23 of

September, as amended by this Law, shall be 1.3%, as of the date of

entry into force of this Law, being updated to January 1 of each year

subsequent by 0.1 percentage points until the percentage referred to in the

mentioned article.

5-A percentage referred to in Article 13 (2) of the Decree-Law No. 167/2005 of 23

of September, in the wording given by this Law, is updated to January 1 of each

subsequent year by 0.1 percentage points until the percentage referred to in the

n. 1 of the same article.

6-A percentage referred to in Article 7 (2) of the Decree-Law No. 212/2005, 9 of

December, in the wording given by this Law, is updated to January 1 of each year

subsequent by 0.1 percentage points to be reached the percentage referred to in paragraph 1

of the same article.

Article 10.

Abrogation standard

1-It is repealed the Decree-Law No. 125/81 of May 27.

2-Are repealed Article 27 of the Decree-Law No. 158/2005 of September 20 and the para.

8 of Article 18 of the Decree-Law No 167/2005 of September 23.

Article 11.

Entry into force

This Law shall come into force on January 1, 2007.

Seen and approved in Council of Ministers of November 2, 2006.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs