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1 PROPOSAL of law No. 136/X explanatory memorandum On agreement on the reform of Social Security signed on 10 October 2006, the Government and the social partners have assumed that the reform measures adopted within the framework of that Agreement, in particular the sustainability factor would be applied within a framework of convergence between the various social protection systems, while respecting the spirit of the law No. 60/2005 , 29 December. The convergence of the Caixa Geral de Aposentações regime with the general social security scheme was initiated in 1993, with the application to subscribers enrolled in CGA from September 1 of that year the rules of calculating pensions under the general scheme, and met a strong momentum in 2005, with the Elimination of numerous special schemes, the registration of employees and agents of the public administration allowed from 1 January 2006 on social security and a profound alteration of the conditions of retirement and pensions calculation formula. The movement of the pension system in the public sector to the private sector now enter a new phase, of progressive stabilisation of its rules, on the one hand, and sharing of innovative concepts with the general scheme, designed to better enable it to respond to demographic challenges and strengthen the financial sustainability of your system, on the other. The value of retirement pensions matter to be influenced by the application of a factor of sustainability, which aims to translate the impact of changes in longevity on the financing of the system, simultaneously and temporarily, limited to a maximum ceiling where it is not possible to ensure that there is a correspondence between the contributory effort performed by the Subscriber during your career and the amount of the pension to be granted. Creates a new subsidy scheme of the value of pensions and introduces a change to the penalty regime of dégagement, depending on the time of retirement. Provides also a special treatment for retirees who are unable, on the basis of the degree of incapacity is recognized, to obtain any 2 means of subsistence resulting from engaging in any occupation or work, through a reduced warranty period, no application, in certain circumstances, the sustainability factor and assimilation, exclusively for the purpose of minimum pension, to pensioners with a full career. Define themselves, finally, the rules will be subordinate to the regime of the future updating of pensions. The procedures were observed as a result of law No. 23/98 of 26 May. 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 Calculation of pensions article 5 of law No. 60/2005, of 29 December, is replaced by the following: ' article 5 calculation of the retirement pension 1-the retirement pension of the subscribers of the Caixa Geral de Aposentações enrolled until 31 August 1993 with the designation of P shall be calculated by multiplying the sustainability factor corresponding to the year of retirement by the sum of the following installments: a) the first installment, designated by P1, corresponding to the time of service until 31 December 2005, is calculated on the basis of the following formula: R x T1/C where R is the monthly remuneration in accordance with the relevant status of retirement pension deducted from the percentage of quota, for the purposes of retirement pension and survivor's pension, with corresponding ceiling 3 1 to 12 times the social support index (IAS); T1 is the term in years the number of months of service until 31 December 2005, with the maximum limit of C; and C is the number set out in annex II; (b)) the second, with the designation of P2, service time after 31 December 2005, is fixed in accordance with articles 29 to 32 of the Decree-Law n.o .../2007, of ... of ... ..., no minimum or maximum limits, based on the following formula: RR x T2 x N where: RR is the reference remuneration, determined from annual remunerations higher recorded from 1 January 2006 at the time of required for service, plus registered until December 31 2005, make up to the limit set out in annex II;
T2 is the annual formation of pension determined in accordance with articles 29 to 31 of Decree-Law No .../2007 of ... ... ...; N is the number of calendar years with contributory density equal to or greater than 120 days with record pay supplemented from 1 January 2006, for, added to years registered until December 31, 2005 period of the limit set out in annex II. 2-the sustainability factor corresponding to the year of retirement pension is determined on the basis of the data published annually by the National Institute of statistics, in the following terms: 4 EMV2006/EMVanoi-1 where: EMV2006 is the average life expectancy at age 65 years in 2006; EMVanoi-1 is the average life expectancy to 65 years in the year preceding the retirement pension. 3-for the purposes of the preceding paragraphs, the year of the retirement pension that where the fact or decisive Act referred to in article 43 of the Statute of the retirement pension. 4-[previous No. 2].»
Article 2 decisive Act The articles 39 and 43 of the Statute of the retirement pension, approved by Decree-Law No. 498/72, of 9 December, with the wording of Decree-Law No. 191-A/79 of 25 June, are replaced by the following: ' article 39 1 Voluntary Retirement-[...]. 2 - […]. 3 - […]. 4-the applicant cannot give up your retirement request after delivered order to recognize the right to voluntary retirement that doesn't depend on incapacity or checked the facts referred to in subparagraphs (a) (b)) d) of paragraph 1 of article 43 article 43 5 1 retirement pension scheme-[...]: a) is received by the Caixa Geral de Aposentações the voluntary retirement application that doesn't depend on verification of disability; b) […]; c) […]; d) […]. 2 - […]. 3 - […].» Article 3 General 1-absolute Incapacity the assignment and the calculation of the retirement pension awarded on the basis of permanent and absolute incapacity for any profession or job have the following specialties: a) A warranty period of 3 years; (b)) A minimum value equal to the minimum pension guaranteed in the general social security scheme corresponding to the length of service of annex I; and (c)) non-application of the sustainability factor until the pensioner reaches the age of 65 years, at which time the pension is changed by multiplying the value that you have on that date by the sustainability factor corresponding to that year. 2-the change referred to in point (c)) of the preceding paragraph shall not apply to pensioners who, on the date on which complete 65 years old, have received retirement pension awarded on the basis of absolute General incapacity for more than 20 years. Article 4 early retirement pension reduction 1-the value of the early retirement pension, calculated in general terms, is reduced by the application of a reduction factor determined by the formula 1-x, where x is equal to the overall rate of reduction in the value of the pension. 6 2-the global rate of reduction is the product of monthly fee of 0.5% by the number of months of anticipation heightened between the age of the person concerned at the time of the decisive Act referred to in article 43 of the Statute of the retirement pension and to 65 years.
3-the number of months of anticipation to consider in determining the overall rate of reduction of pension is reduced by 12 months for each 2-year period to the time of actual service in excess of 40 years. Article 5 amount of subsidy 1-without prejudice to paragraph 4, the retirement pension awarded to subscribers of the Caixa Geral de Aposentações with age and length of service of annex II shall be calculated in accordance with General and subsidized by the application of the factor defined in the following paragraph. 2-the bonus factor is determined by the formula 1 + y, where y is equal to the overall rate of subsidy. 3-the global subsidy rate is the product of monthly rate set out in annex III, as a function of time of service at the time of the decisive Act referred to in article 43 of the Statute of the retirement pension, calculated by the number of months between the date that the conditions of access to retirement pension based on article 37 of the Statute of the Retirement , as amended by article 3 of law No. 60/2005, of 29 December, and that decisive Act, with the limit of 70 years. 4-Notwithstanding the previous paragraph, the pension of subscribers who may retire early without a reduction of the pension on the basis of article 37 of the staff regulations of the retirement pension, in conjunction with the first sentence of article 4 of law No. 60/2005, of 29 December, and, from 2015, also with paragraph 3 of the preceding article, and choose not to do so is subsidized by applying the global rate resulting from the product of a monthly fee of 0.65% by number of months counted from the date on which there have access to early retirement without reduction under that regime and the date of the Act determining the retirement pension, up to a limit of age of annex II. 7 5-for the purposes of the clearance of the subsidy rates referred to in the previous paragraphs, are only the months of effective exercise of functions after the entry into force of this law. 6-the amount of subsidy cannot, under any circumstances, exceed 90% of the last monthly remuneration of the Subscriber. Article 6 Update 1-pension retirement pensions, retirement and invalidity pensions are updated annually, from the second year following the year of your assignment, with effect from 1 January each year, depending on your amount in accordance with annex IV, taking into account the value of the IAS and the following reference indicators : a) the real growth of gross domestic product (GDP) corresponding to the average of the average annual growth rate of the last two years, finished in the third quarter of the preceding year reports the update or in the immediately previous quarter, if that is not available on the date of 10 December; (b)) the variation average of the last 12 months in the consumer price index (CPI), without housing, available at November 30 of the preceding year reports to update. 2-for the purposes of the preceding paragraph, the annual change of GDP is that between the fourth quarter of a year and the third quarter of the following year. 3-Transiently, in the year of 2008, real GDP growth,) (a) of paragraph 1, corresponds only to verified in the year ended in the third quarter of the preceding year reports to update.
4-the terms of the updating of pensions in accordance with the preceding paragraphs are defined in order of the Minister of finance. 5-the application of the rules laid down in paragraph 1 may not impair the principle of budgetary stability laid down in article 8 84 of law No 91/2001, of 20 August, amended and republished by law No. 48/2004, 24 August. 6-retirement pensions, retirement and invalidity laid down on the basis of previous calculation formula to introduced by this law in an amount exceeding 12 times the IAS are not update until the your value is exceeded by that limit. Article 7 protection of rights 1-pensions that are flat rate at the date of entry into force of this law do not suffer any reduction in your value. 2-the limitation in the calculation of the first installment of the 12 pension times the IAS and the rule not to update pensions worth more than that amount do not apply to subscribers or pensioners, the application of the rules laid down in point (b)) of paragraph 1 of article 5 of law No. 60/2005, of 29 December, where RR is ascertained from the remuneration after 1993 and considers the whole contributory career result value exceeding that limit. 3-limitation in the calculation and the sustainability factor introduced by article 1 of this law shall not apply to pensions awarded to who ever would bring together conditions for transition to retirement or retirement prior to your entry into force. 4-the provisions of this law shall not apply to subscribers or pensioners whose pension rights, guaranteed through pension funds, were transferred to the Caixa Geral de Aposentações, along with the necessary provisions to support the corresponding charges. Article 8 entry into force the regime established in this law shall take effect as from 1 January 2008, with the following exceptions: a) the reduction of early pension scheme, which applies from 1 January 2015; 9 (b)) the update scheme pensions worth more than 1.5 and less than or equal to 6, which applies from 1 January 2009; c) the system of updating of pensions worth more than 6 IAS, which applies from 1 January 2011, without prejudice to the provisions of paragraph 6 of article 5 Seen and approved by the Council of Ministers of 22 March 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 10 Annex I [referred to in point (b)) of paragraph 1 of article 3] Year length of service (years) 2008 and 2009 15 the 20 years 2010 and 2011 21 to 30 years from 2012 40 years 11 Annex II [referred to in paragraph 1 of article 5] Year Old Time of 2008 61 years and 6 months service 36 years 2009 62 36 years years years and 6 months 2010 62 36 years 2011 63 years 36 years 2012 63 years and 6 months 36 years 2013 64 years 36 years 2014 64 years and 6 months 36 years from 2015 65 years 15 years 12 of Annex III [referred to in paragraph 3 of article 5] length of service (years) monthly subsidy rate (percentage) 15 to 24 25 to 34 35 0.33 0.50 to 0.65 higher than 39 39 1.00 13 Annex IV [referred to in paragraph 1 of article 6] pension value 1.5 IAS and IAS 6 C re sc im en to r and l d P IB = > 2% and CPI + 20% real growth of GDP (IPC + 0.5%) minimum IPC IPC-0.25% = 3% + CPI > 20% real GDP growth CPI + 12.5% real GDP growth CPI
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