Changes The Contribution Of Beneficiaries Of The Health Subsystems Of Public Administration

Original Language Title: Altera a contribuição dos beneficiários dos subsistemas de saúde da Administração Pública

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445774e5331594c6d527659773d3d&fich=ppl105-X.doc&Inline=false

1 PROPOSAL of law No. 105/X explanatory statement The health subsystems of public administration take on a key role in employee and agents access to health care, whether by way of agreed schemes granted to health service providers, or through free regimes with reimbursement of the costs incurred. With the evolution of these subsystems and the growing number of situations covered, there is a serious deficit situation in these areas, which witnessed in recent years to increase its weight within the financial effort in the State. Parallel to this increase in costs, practically stagnated the amount of revenue from the discount made by beneficiaries, whose percentage of 1% has remained unchanged, despite the extension of benefits. Moreover, as a factor of financial imbalance, the increase in the number of retirees however verified. In this way, bearing in mind the need to correct the financial imbalances of these subsystems, the respective beneficiaries must contribute to your viability through its update percentage discount. Cumulatively, for reasons of equity, also opts to do participate in this effort the retired beneficiaries, by fixing a 1% discount on retirement pensions and pensions when the amount is equal to or greater than the value corresponding to one and a half times the minimum monthly wage, and consequently the exemption of discount for all pensions of less than one and a half times the minimum monthly wage. Finally, continues to safeguard a transitional regime under the sickness subsystems to the military of the Guarda Nacional Republicana, of sickness to the staff of the Public Security Police, the social services of the Ministry of Justice and of sickness to the military armed forces, where it provides for the gradual and progressive update of the percentage of the discount until reaching the 1.5%. 2 have been observed trading and hearing procedures set out in law No. 23/98 of May 26, law No. 14/2002 of 19 February and the organic law No. 3/2001, of 29 August.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter this law establishes the new rebate scheme of the health subsystems of public administration by the Decree-Law No. 118/83, of 25 February, as amended by decree-laws No. 90/98 , of 14 April, no. 279/99 of 26 July and no. 234/2005, of 30 December, Decree-Law No. 158/2005 of 20 September, no. 167/2005, of 23 September, and no. 212/2005 of 9 December, and repealing Decree-Law No. 125/81, of May 27.

Article 2 Amendment to Decree-Law No. 118/83, of February 25 is added to the Decree-Law No. 118/83, of 25 February, as amended by decree-laws No. 90/98, of April 14, no. 279/99 of 26 July and no. 234/2005, of 30 December, chapter V is replaced by the following: ' chapter V funding and responsibility for payment article 46 remuneration the remuneration base discounts of beneficiaries holders shall be subject the discount of 1.5%, pursuant to c) of paragraph 1 of article 14 of Decree-Law No. 353-A/89 of 16 October. 3 article 47 1 discounted pension-retirement pensions and beneficiaries ' pension holders, when your amount is equal to or greater than the amount corresponding to one and a half times the minimum monthly wage, are immediately subject to the 1% discount, being subject to the annual update to the maximum amount provided for in the preceding article. 2-When the application of the percentage referred to in the preceding paragraph, result in pension value of less than one and a half times the minimum monthly wage, this is free discount.

Article 48 Fate of amounts deducted from the amounts deducted pursuant to the preceding articles shall constitute revenue of the Directorate-General of Social Protection to employees and agents of the public administration, affect the financing of the benefits set out in this law.»

Article 3 amendment to Decree-Law No. 158/2005, of September 20 is amended article 24 of Decree-Law No. 158/2005 of 20 September, which is replaced by the following:% quot% article 24 [...]

1-the basic remuneration of beneficiaries, on active duty in the reserve and in pré-aposentação, and of the beneficiaries is subject to extraordinary 1.5% discount. 4 2-retirement pensions and beneficiaries ' pension holders and extraordinary, when your amount is equal to or greater than the amount corresponding to one and a half times the minimum monthly wage, are immediately subject to the 1% discount, being subject to the 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 in pension value of less than one and a half times the minimum monthly wage is exempt from discount. 4-[previous No. 2].»

Article 4 Amendment to Decree-Law No. 158/2005, of September 20 is added to the Decree-Law No. 158/2005 of 20 September, article 5 with the following text:% quot% Article 5a extraordinary Beneficiaries


1-The employees and agents, beneficiaries, GYM holders spouses or live in de facto union with beneficiaries of sickness scheme to the staff of the GNR and PSP, can opt for your inscription as extraordinary scheme beneficiaries of sickness to the GNR and PSP. 2 – The officials and other servants exercising the right referred to in the preceding paragraph cannot re-enroll in GYM, except in cases of: a) divorce; b) legal separation; c) dissolution of domestic partnership; d) loss or suspension of the entitled holder of the sickness scheme to the staff of the GNR and PSP by the spouse or the person alive. 5 3-in the cases referred to in any of subparagraphs (a) of the preceding paragraph, re-enrolling in the GYM is mandatory for employees and agents registered until December 31 2005 and optional for the rest. 4 – the beneficiaries of the GYM with the family or similar quality of officials and other servants exercising the right of option referred to in paragraph 1 shall benefit from the sickness scheme to the staff of the GNR and PSP, applying the provisions of paragraph 2. 5 – the rules applicable to extraordinary scheme beneficiaries of sickness to the GNR and PSP is defined by Ordinance of Cabinet members responsible for areas of the Interior, finance and public administration.»

Article 5 amendment to Decree-Law No. 167/2005, September 23 is amended article 13 of Decree-Law No. 167/2005, of 23 September, which is replaced by the following: ' article 13 [...]

1-the basic remuneration of beneficiaries, active duty, retired or in pré-aposentação, and of the beneficiaries is subject to extraordinary 1.5% discount. 2 – retirement and retirement pensions of beneficiaries and extraordinary, when your amount is equal to or greater than the amount corresponding to one and a half times the minimum monthly wage, are immediately subject to the 1% discount, being subject to the 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 in pension value of less than one and a half times the minimum monthly wage is exempt from discount. 4-[previous No. 2].»

6 article 6 Amendment to Decree-Law No. 167/2005, September 23 is added to Decree-Law No. 167/2005, of September 23, article 5 with the following text:% quot% Article 5a extraordinary Beneficiaries 1-employees and agents, beneficiaries GYM, holders spouses or live in de facto union with ADM holders, beneficiaries may choose your inscription as extraordinary beneficiaries of ADM. 2-employees and agents engaged in the right referred in the preceding paragraph cannot re-enroll in GYM, except in cases of: a) divorce; b) legal separation; c) dissolution of domestic partnership; d) loss or suspension of the entitled holder of WMD by the spouse or the person alive. 3-in the cases referred to in any of subparagraphs (a) of the preceding paragraph, re-enrolling in the GYM is mandatory for employees and agents registered until December 31 2005 and optional for the rest. 4 – the beneficiaries of the GYM with the family or similar quality of officials and other servants exercising the right of option referred to in paragraph 1 shall benefit from the scheme at ADM, applying the provisions of paragraph 2. 5 – the extraordinary employment of beneficiaries of ADM is set by order 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 9 December changes Article 7 of Decree-Law No. 212/2005 of 9 December, which is replaced by the following: ' article 7 7 [...]

1-the basic remuneration of beneficiaries, active duty or in the availability, and extraordinary beneficiaries is subject to 1.5% discount. 2 – The retirement pension holders and beneficiaries, when your amount is equal to or greater than the amount corresponding to one and a half times the minimum monthly wage, are immediately subject to the 1% discount, being subject to the 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 in pension value of less than one and a half times the minimum monthly wage, this is free discount. 4-the amounts deducted in accordance with the preceding paragraphs constitute SSMJ recipe.»

Article 8 Amendment to Decree-Law No. 212/2005 of 9 December is added to Decree-Law No. 212/2005 of 9 December, article 4 with the following text:% quot% article 4-Beneficiaries 1 – the extraordinary employees and agents, beneficiaries GYM, holders spouses or live in de facto union with beneficiaries of the health subsystem SSMJ , may choose your inscription as beneficiaries of the health subsystem extraordinary SSMJ. 2 – The officials and other servants exercising the right referred to in the preceding paragraph cannot re-enroll in GYM, except in cases of: a) divorce; 8 b) legal separation; c) dissolution of domestic partnership; d) loss or suspension of the entitled holder of the health subsystem SSMJ by the spouse or the person alive. 3-in the cases referred to in any of subparagraphs (a) of the preceding paragraph, re-enrolling in the GYM is mandatory for employees and agents registered until December 31 2005 and optional for the rest. 4 – the beneficiaries of the GYM with the family or similar quality of officials and other servants exercising the right of option referred to in paragraph 1 shall benefit from the scheme SSMJ health subsystem, by applying the provisions of paragraph 2. 5 – the rules applicable to the beneficiaries of the health subsystem extraordinary SSMJ is set by order of the members of the Government responsible for the areas of Justice, of finance and public administration.»

Article 9 transitional provisions


1-the percentage referred to in paragraph 1 of article 47 of Decree-Law No. 118/83, of 25 February, as amended by article 2 of this law, is updated to 1 January of each subsequent year in 0.1 percentage points to be attained the percentage referred to in article 46 of the same Ordinance. 2-For beneficiaries of sickness to the military of the National Republican Guard and the sickness to the staff of the public security police force at the date of entry into force of Decree-Law No. 158/2005 of 20 September, the discount provided for in paragraph 1 of article 24 of this law, in amended by this law , is of 1% from the date of entry into force of this law, being updated to 1 January of each subsequent year in 0.1 percentage points to be attained the percentage referred to in the mentioned article. 3-the percentage referred to in paragraph 2 of article 24 of Decree-Law No. 158/2005, 20 September, as amended by this Act, is updated to 1 January of each subsequent year 9 in 0.1 percentage points to be attained the percentage referred to in paragraph 1 of that article. 4-the discount provided for in paragraph 1 of article 13 of Decree-Law No. 167/2005, of 23 September, in amended by this law, is 1.3%, from the date of entry into force of this law, being updated to 1 January of each subsequent year in 0.1 percentage points to be attained the percentage referred to in the mentioned article. 5-the percentage referred to in paragraph 2 of article 13 of Decree-Law No. 167/2005, of September 23, as amended by this Act, is updated to 1 January of each subsequent year in 0.1 percentage points to be attained the percentage referred to in paragraph 1 of that article. 6-the percentage referred to in paragraph 2 of article 7 of the Decree-Law No. 212/2005 of 9 December, as amended by this Act, is updated to 1 January of each subsequent year in 0.1 percentage points to be attained the percentage referred to in paragraph 1 of that article.

Article 10 set 1 – Standard is revoked Decree-Law No. 125/81, of May 27. 2 – Are repealed article 27 of Decree-Law No. 158/2005 of 20 September, and paragraph 8 of article 18 of Decree-Law No. 167/2005, of 23 September.

Article 11 entry into force this law shall enter into force on 1 January 2007.

Seen and approved by the Council of Ministers of 2 November 2006.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency