Key Benefits:
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PROPOSED LAW NO. 163 /X
Exhibition of Motives
The modernization of the Public Administration constitutes one of the essential pillars of the
growth strategy of the Country, highlighting the various measures that the Government has
led to the effect that contribute to the full exploitation and valorisation of resources
humans, with a view to the modernization and improvement of the quality of public services.
In this sense, with the present Proposition of Law, one-off measures are advocated
adjustment and clarification of various aspects of Law No 53/2006 of December 7
(common mobility regime between employee services and agents of the
central government of the state), specifically the licensing regime
extraordinary for staff who request placement in a mobility situation
special.
The extension of the special mobility scheme to the staff bound by the
individual contract of employment to the Public Administration for indefinite time, whose
contract should cease by virtue of collective dismissal or dismissal by
extinction of the outpost. In situations of this nature, once confirmed to
need for termination of the contract, the employee is notified to exercise the right to
option of placement in special mobility situation, by the deadline of one year.
Urn time depleted the possibilities of reallocation of the worker, in the terms and
deadlines provided for in the same law, the contract of employment is made a cessation. Case the worker
do not opt for the placement in special mobility situation, the rules will apply
general on collective dismissal or dismissal for extinction of the post of
work.
In regard to pensions, the social protection regime of public function has suffered in the
last years important changes, highlighting those introduced by Law No 60/2005,
of December 29, in the sense of its convergence with the general security regime
social in respect of the conditions of retirement and the calculation of pensions, and, more
recently, those resulting from the Act No 52/2007 of August 31, which adapted the scheme
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of the General Box of Retirements (CGA) to the reform of the general social security regime
introduced by Decree-Law No 187/2007 of May 10.
Consolidated the master traves of the reform of the CGA regime, opens now to
possibility of making light adjustments to the new framework resulting from the measures
implemented, in the sense of deepening the effort of approach to the regime of the
social security, faithfully interpreting the lines of strength of reform, but without ever
lose sight of the central objective of strengthening the financial sustainability of the system,
whose safeguard disadvises abrupt movements and demands that it remain unchanged
the formula for calculation of pensions.
In this context, it is made to converge, in a phased manner, the requirement of the service time of the
modality of voluntary non-early retirement with the rules of the general regime of
social security, i.e., allows for the retirement of the underwriters who, having already reached
the legal age of retirement, have a time of service, always descending, situated
between 36 years in 2007 and 15 years in 2015, or that, having at least 15 years of
service, contesting 65 years of age.
It is carried out, on the basis of the same principle, to a slight adaptation of the regime of
early retirement, so that this modality achieves, in 2009, requirements
identical to those of which the early retirement depends on the framework of the
social security, without prejudice to, in 2008, invigorating a transitional regime in which if
reduces already the time of service but does not impose a minimum for age. It is, thus, the
full career only as an indispensable condition for obtaining a pension by
whole, i.e. calculated on the basis of the maximum permissible service time, and the
application of the rules for reduction of penalties for overtime of service.
Finally and still in the context of social protection, important are still foreseen
measures in the unemployment of employees of the Public Administration.
The Government, recognizing the imperative need to create conditions of protection
effective in unemployment situations of officials and agents of the Administration
Public, thus gives fulfillment to the constitutional precepts, to the Judgment of the Court
Constitutional No. 474/2002, of December 18, and thus to the various recommendations
of the Ombudsman.
In this sense, on the basis of the general regime of protection in the eventuality of unemployment,
specific rules are created to cover the situations of job insecurity in the
Public Administration, as are the cases of linkage by administrative contract
of flooring and by individual contract of work, in this case, covered by the scheme
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of social protection of public function, being those workers enrolled in the scheme
general social security of workers on account of outrain exclusively for the
eventuality unemployment.
On the other hand, the recognition that these linkings remain, in several cases,
has since a long date substantiated the creation of special instruments for the effective
protection from the time of enrolment in the social security institutions for
this eventuality. So, should unemployment come to occur without them being
met the warranty deadlines provided for in the general scheme, the employing entity is
responsible for the retroactive payment of the contributions to complete those
deadlines, in the applicable legal terms.
The procedures stemming from Law No. 23/98 of May 26 were observed.
The self-governing bodies of the Autonomous Regions, the Association, should be heard
National of Portuguese Municipalities and the National Association of Freguestics.
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
Regime of mobility
Article 1.
Amendment to Law No 53/2006 of December 7
Articles 12 and 32 of Law No 53/2006 of December 7 shall have the following
wording:
" Article 12.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
4
5-[...].
6-[...].
7-[...].
8-[...].
9-The exercise of functions, in accordance with paragraph 6, which has started before
of the publication of the diploma that has determined the extinction of the service
of origin implies automatic pavement, by choice of the person concerned,
in place vacant or to create and extinguish when wandering from the frame of
service personnel where it exercises functions, with the nature of the bond and in the
career, category, step and index that the employee or agent detain
in the extinct service, except when, in the meantime, it has been integrated by
indefinite time in another service.
10-[...].
11-[...].
12-[...].
13-Without prejudice to the provisions of the paragraph b) of Article 6 (8),
when no of the options provided for in the numbers are exercised
previous, as well as when the exercise of functions pursuant to heading No. 6
if it started after the publication of the diploma that has determined the
extinction of the source service, the employee or agent is placed, in the
term of the transitional exercise of functions, in a situation of mobility
special.
Article 32.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
5
9-[...].
10-[...].
11-[...].
12-To staff who voluntarily opt for the placement in situation
of special mobility in the terms of the n. the
4 and 5 of Article 11 is
applicable the provisions of the preceding paragraphs, with the following
changes:
a) The licence may be required in the transition phase;
b) Cessation of the license, the employee or agent is placed in the phase and the
moment of the process in which you found yourself when you started it;
c) The value of the monthly grant corresponds to the following percentages
of the ill-fated remuneration that the employee or agent auferred to the date
of the license:
i) 75% for the first five years;
ii) 65% of the 6. ° to 10 ° years;
iii) 55% as of the 11 th year;
d) The illiquid remuneration referred to in the preceding paragraph shall be subject to
update on the terms in which the is the remuneration of the staff at
service effectiveness;
e) For the basis of calculation of the monthly grant is not taken into account
any reduction in the illiquid remuneration by application of the willing
in the n. the
8 a to 10 of Article 29 para.
13-[ Previous n. 12 ]. "
Article 2.
Transitional arrangements
1-The staff referred to in Article 12 (6) and Article 13 (9) of the Law n.
53/2006, of December 7, which, at the date of the entry into force of this Law, has
started the functions in them mentioned after the publication of the diploma that
determined the extinction of the home service may opt for the regime that it was
applicable in the face of the original wording of Law No 53/2006 of December 7.
2-The provisions of Article 32 (12) of the Act No 53/2006 of December 7 in the
wording given by this Law, is applicable to the personnel who are constrained, by choice
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whether voluntary or not, from nominative list already approved or published for the purpose of
placement in special mobility situation.
3-A licence to be granted by application of the provisions of the preceding paragraph depends on
application submitted in the 30 days following the date of the entry into force of the
present law and produce effects from the 60 ° day of the placement in situation of
special mobility.
Article 3.
Application of the special mobility scheme to employees with contract
individual of work
1-A identification of Public Administration workers bound by contract
of work for indefinite time that should cease by collective dismissal or
by dismissal for the extinction of the outpost operates under the terms of Law n.
53/2006, of December 7.
2-Identified the workers whose contract should cease apply the remaining
procedures provided for in the Labour Code.
3-Confirming the need for termination of the contract, the worker is notified
for, in ten working days, to inform if you want to be placed in a mobility situation
special by the deadline of one year.
4-Do not want it, and there has been no revocation agreement under the Code of the
Work, the act of termination of the contract is practiced.
5-Being placed in special mobility situation and restarting functions by time
undetermined in any service pursuant to the terms set out in Law No. 53/2006, 7 of
December, the procedures for termination of the contract are filed without it being
practiced the corresponding act, notifying the employee of the decision of
archiving.
6-Not taking place the restart of functions, in the terms of the preceding paragraph, during the
term of placement of the worker in special mobility situation, is practiced the
act of termination of the contract.
7-For the purposes set out in the Labour Code, the non-existence of alternatives to
termination of the contract or other jobs compatible with the category or
with the professional qualification of the worker is justified by means of declaration
issued by the mobility manager entity.
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Chapter II
Conditions of retirement
Article 4.
Amendment to the Status of Representation
Article 37-A of the Status of Representation, approved by the Decree-Law No. 498/72, of
December 9, in its current wording, is replaced by the following:
" Article 37-The
[...]
1-Can apply for early retirement, regardless of
submission to the medical board and without prejudice to the application of the scheme of the
unified pension, the underwriters of the General Box of Retirees:
a) With at least 33 years of service, for the required pensions until
December 31, 2008;
b) With at least 55 years of age and that, by the date they peruse this
age, have completed at least 30 years of service, for the
pensions required as of January 1, 2009.
2-The value of the early retirement pension provided for in the number
previous one is calculated in the general terms and reduced by the application of a
reduction factor determined by the formula 1-x, where x is equal to the rate
of reduction in the value of the pension.
3-A The overall rate of reduction is the product of the number of years of anticipation
in relation to the legally required age for retirement by:
a) Annual fee of 4.5%, for the required pensions up to 31 of
December 2014;
b) Monthly fee of 0.5%, for the required pensions from 1 of
January 2015.
4-The number of years of anticipation to be considered for the determination of
overall rate of reduction of pension allocated to underwriters is reduced:
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a) Until December 31, 2014, from 1 year for each period of 3 or,
in alternative, from 6 months for each year that the service time
exceeds the full career in force at the time of retirement;
b) As of January 1, 2015, from 1 year for each period of 2
that the service time exceeds the 40. "
Article 5.
Amendment to Law No 60/2005 of December 29
Article 3 of Law No 60/2005 of December 29 is replaced by the following:
" Article 3.
[...]
1-[...].
2-The time of service set out in Article 37 (1) of the Statute of the
Retiming, 36, is progressively reduced until it reaches 17
years in 2014, pursuant to Annex II.
3-You can retire the underwriters who count at least 65 years of
age and the warranty period in force in the general safety regime
social. "
Article 6.
Amendment to the systematic organization of Law No. 60/2005 of December 29
1-Annex II to Law No 60/2005 of December 29, passes Annex III.
2-The references in Article 5 of Law No 60/2005 of December 29, amended by the
Law No 52/2007 of August 31 to Annex II to Law No. 60/2005 of 29 of
December, they consider themselves to be made to Annex III of the same law.
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Article 7.
Addition to Law No. 60/2005 of December 29
It is added to Law No. 60/2005 of December 29, Annex II with the following wording:
" Annex II
[referred to in Article 3 (2)]
From January 1, 2008 33 years
From January 1, 2009 30 years
From January 1, 2010 25 years
From January 1, 2011 23 years
From January 1, 2012 21 years
From January 1, 2013 19 years
As of January 1, 2014 17 years "
Article 8.
Amendment to Law No 52/2007 of August 31
Article 5 of Law No 52/2007 of August 31 is replaced by the following:
" Article 5.
[...]
1-[...].
2-[...].
3-A The overall rate of bonus is the product of the monthly rate of Annex III,
depending on the time of service at the time of the determining act
referred to in Article 43 of the Status of Retirement, By the number of
months ascertained between the date on which the conditions of the
annex II and that determinant act, with the limit of 70 years.
4-Without prejudice to the provisions of the preceding paragraph, the pension of the underwriters
who can retire in advance without a reduction in pension with
foundation in Article 37-A of the Status of Representation and opting for
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not to do so is bonified by the application of the resulting global rate
product of a monthly fee of 0.65% for the number of months ascertained
between the date on which the conditions for access to retirement have been found
early without reduction under that scheme and the date of the act
determinant of retirement, up to the limit of the age of Annex II.
5-[...].
6-[...]. "
Chapter III
Protection in unemployment
Article 9.
Protection in the unemployment of Public Administration workers in regime
of administrative contract of provement and individual contract of employment
1-Public Administration workers bound by administrative contract
of flooring and by individual contract of work that are covered by the
social protection regime of the civil service and which, at the date of the entry into force of the
present law, exercise functions in the direct and indirect administrations of the State,
regional autonomous and municipal, as well as in any other entity, are
framed in the general social security scheme of workers on account of
listen, exclusively for the purpose of protection in the eventuality of unemployment.
2-To the workers referred to in the preceding paragraph shall apply to the Decree-Law n.
220/2006, of November 3, and too much supplementary legislation, with the
necessary adaptations and with the specificities set out in the following numbers.
3-Are compulsorily enrolled in the social security institutions the workers
and the services or entities processors of the remuneration provided for in paragraph 1,
respectively, as beneficiaries and as taxpayers.
4-Linked workers until December 31, 2005 pay a quotization
corresponding to 1% of the respective monthly remuneration and the employees
bound by administrative contract of pavement after January 1, 2006
become exempt from quotization.
5-The contributions of the respective services or prosecuting entities of
pay are set in a diploma of their own.
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6-The periods of payment of unemployment benefit and social allowance of
initial unemployment gives way to the record of remuneration, by equivalence to entry
of contributions, by the value of the reference remuneration that served as the basis of the
calculation of the provision, in respect of contract-bound employees
pavement administrative and enrolled in the general social security scheme after 1
from January 2006, to the eventualities disability, old age and death.
7-A The contributory obligation of the beneficiaries and the taxpayers remains in the cases
of impediment to the effective exercise of functions arising from situations of
disease, motherhood, paternity or adoption, accident in service and disease
professional, unless there is a suspension of the payment of remunerations and while
the same endure.
8-When the eventuality of unemployment occurs without the guarantee deadlines
have been complied with, applies, with the necessary adaptations, the provisions of the
Decree-Law No 117/2006 of June 20, and too much regulatory provisions,
relatively to the retroactive payment of contributions to complete those
deadlines.
9-For the capt of the warranty deadlines set out in the Decree-Law No. 220/2006, 3
of November, the registered contributory periods may be considered in the
public social security system, in the terms provided there.
10-The staff referred to in this Article, as well as the one provided for in paragraph 5 of the
article 5 of the Decree-Law No 234/2005 of November 30, may opt, at all
time, by enrolment, maintenance or non-maintenance in ADSE or, in the terms
applicable legal, in other health subsystems of the Public Administration.
Chapter IV
Transitional and final provisions
Article 10.
Transitional provisions
1-During the year 2008, there is no place for the enrolment of the workers to which the
n. 3 of the preceding article nor to the payment of any contributions or
contributions, without prejudice to the provisions of the following number.
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2-Should the eventuality of unemployment occur in the course of the year 2008, compete
to the services to which the employees were to be bound by the assignment and the
payment of unemployment benefit or social unemployment benefit, in the
terms of the legislation referred to in the previous article.
3-A allocation and payment of the allowances in the terms provided for in the preceding paragraph
to workers who were to be bound by the planned public institutions
in Article 5 (1) of the Law No 62/2007 of September 10, it is incumbent upon the Ministry
of Science, Technology and Higher Education.
4-The provisions of this Article shall be without prejudice to the legislation in force on protection
in the unemployment of workers of the Public Administration.
Article 11.
Abrogation standard
They are revoked:
a) Article 4 of Law No 60/2005 of December 29;
b) Article 4 and (a) a) of Article 8 of Law No 52/2007 of August 31.
Article 12.
Republication
It is republished, in annex, which forms an integral part of this Act, Law No. 60/2005, of
December 29, with the current wording.
Article 13.
Entry into force
This Law shall come into force on January 1, 2008.
Seen and approved in Council of Ministers of October 31, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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Attachment
(As referred to in Article 12)
Republication of Law No. 60/2005 of December 29
Article 1.
Subject
This Law establishes mechanisms for the convergence of the social protection regime of the
public function with the general social security regime with respect to the conditions of
retirement and calculation of pensions.
Article 2.
Inscription
1-A General Box of Retirees leaves, as of January 1, 2006, to proceed
to the enrollment of underwriters.
2-The personnel who start functions from January 1, 2006 to which, pursuant to the
current legislation, the social protection regime of public function was applicable
on the subject of retirement, on the grounds of the nature of the institution to which it comes
bound, of the type of employment legal relationship of which he or she comes to be the holder or of
special standard giving it that right, it is compulsorily enrolled in the scheme
general of social security.
Article 3.
Conditions of ordinary retirement
1-A The retirement age set out in Article 37 (1) of the Staff Regulations
Retirement, approved by the Decree-Law No. 498/72 of December 9, is
progressively increased until it reaches 65 years in 2015, pursuant to Annex I.
2-The time of service set out in Article 37 (1) of the Staff of the Retirement Status,
of 36 years, is progressively reduced until it reaches 17 years in 2014, under the terms of the
annex II.
3-You can retire the underwriters who count at least 65 years of age and the
warranty period in force in the general social security regime.
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Article 4.
(Revoked)
Article 5.
Calculation of the retirement pension
1-A retirement pension of the underwriters of the General Box of Retirees
by August 31, 1993, with the denomination 'P', results from the multiplication of the
sustainability factor corresponding to the year of the retiming by the sum of the
following installments:
a) The first instalment, designated 'P1', corresponding to the time of service
provided until December 31, 2005 and is calculated on the basis of the following
formula:
R x T1/C
where:
R is the relevant monthly remuneration pursuant to the Status of Retirement Status,
deducted from the share of the quota for retirement and pension effects of
survival, with a maximum limit corresponding to 12 times the indexing
of social supports (IAS);
T1 is the expression in years of the number of months of service provided up to 31 of
December 2005, with the maximum limit of C; and
C is the constant number in Annex III;
b) The second, with the designation 'P2', relative to the service time later than 31
of December 2005, shall be fixed in accordance with Articles 29 to 32 of the
Decree-Law No 187/2007 of May 10, without minimum or maximum limits,
on the basis of the following formula:
RR x T2 x N
where:
RR is the reference remuneration, ascertained from the annual remunerations
highest recorded as of January 1, 2006 corresponding to the
service time required for, summed up to the registered by December 31 of
2005, performer the limit of Annex III;
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T2 is the annual rate of formation of the pension determined in accordance with the articles
29 ° to 31 ° of the Decree-Law No 187/2007 of May 10;
N is the number of calendar years with contributory density equal to or greater than 120
days with record of remuneration completed as of January 1, 2006,
for, summed up to the years recorded until December 31, 2005, perdoing the
limit of Annex III.
2-The sustainability factor corresponding to the year of the retiree is fixed, with
basis in the data published annually by the National Institute of Statistics, us
following terms:
EMV2006 / EMVano i-1
where:
EMV2006 is the average life expectancy at the age of 65 checked in 2006;
EMV year i-1 is the average life expectancy at the age of 65 checked in the previous year
to that of the retiree.
3-For the purpose of the provisions of the preceding paragraphs, it shall be deemed to be the year of the
Retirement the one in which the fact or determinant act referred to in the
article 43 of the Status of Representation.
4-A retirement pension of registered underwriters as of September 1 of
1993 continues to be calculated in the terms of the legal standards applicable to the calculation
of the pensions of beneficiaries of the general scheme of social security, in accordance
with the provisions of the Decree-Law No. 286/93 of August 20.
Article 6.
Calculation of the survival pension as of January 1, 2006
1-A survivor's pension allocated for death, occurred after December 31 of
2005, of underwriter or retired pensioner as of January 1, 2006
in the terms of paragraph 1 of the preceding Article corresponds to the sum of 50% of P1 with the
value that result from the application to P2 of the rules of the general social security regime.
2-A survival pension attributed by death of registered underwriters as of 1
of September 1993 is calculated in the terms of the legal standards applicable to the calculation
of the pensions of the beneficiaries of the general scheme of social security.
3-A title and the conditions for the allocation of the pensions referred to in the figures
previous rules are governed by the rules set out in the general social security regime.
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Article 7.
Safeguarding of rights
1-The underwriters of the General Box of Retirees that until December 31, 2005
count, at least, 36 years of service and 60 of age can retire accordingly
with the legal regime that would be applicable to them on that date, regardless of the
time when they present to apply for retirement.
2-The underwriters of the General Box of Retirees that until December 31, 2005
count, at least, 36 years of service can retire in advance to the
under Article 37 of the Status of Retirement Status, in accordance with the legal regime
that would be applicable to them on that date, regardless of the time when it is
present to apply for retirement, considering in that case, for effect of the
calculation of the penalties to be applied to the pension, the age limit of Annex I.
3-The underwriters covered by the provisions of the preceding paragraph to come
retiring in advance until December 31, 2014 benefit, in
alternative to the scheme provided for in the legal provision in it mentioned, of the modality
of the reduction referred to in Article 4 (2), when this is more favourable, than
will be informed substantiated by the General Box of Retirees.
4-A The application of the modality of reduction referred to in Article 4 (2) implies that:
a) The pension is calculated in accordance with Art. 5 (1); and that
b) In the penalties to be applied if they take into consideration the limits of age and of
time of service of Annexes I and III.
5-Application of the provisions of paragraphs 3 and 4 shall not result in retirement, with pension
complete, at lower age than the one in which the underwriter would retire, with pension
complete, if it had been applied for the scheme in force on December 31 of
2005.
Article 8.
Compulsive retirement
It is amended Article 56 of the Retirement Status, approved by the Decree-Law n.
498/72 of December 9, which is replaced by the following:
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" Article 56.
Reduction of pension
In the case of compulsive retirement, the pension is calculated in the general terms
and reduced by 4.5% of its value for each year of anticipation in relation to the
age legally required for retirement, with the limit of 25%. "
Article 9.
Abrogation standard
Article 1 of the Retirement Status, approved by the Decree-Law n °, is repealed.
498/72, of December 9, and all special standards confirming right of
enrollment in the General Box of Retirements.
Article 10.
Entry into force
This Law shall come into force on January 1, 2006.
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ANNEX I
(referred to in Article 3 (1) and paragraph 2 and paragraph 2 b) of Article 7 (4))
As of January 1, 2006-60 years and 6 months.
As of January 1, 2007-61 years.
As of January 1, 2008-61 years and 6 months.
As of January 1, 2009-62 years.
As of January 1, 2010-62 years and 6 months.
As of January 1, 2011-63 years.
As of January 1, 2012-63 years and 6 months.
As of January 1, 2013-64 years.
As of January 1, 2014-64 years and 6 months.
As of January 1, 2015 -65 years.
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ANNEX II
(referred to in Article 3 (2))
From January 1, 2008 33 years
From January 1, 2009 30 years
From January 1, 2010 25 years
From January 1, 2011 23 years
From January 1, 2012 21 years
From January 1, 2013 19 years
From January 1, 2014 17 years
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ANNEX III
(referred to in the paragraphs a) and b) of Article 5 (1) and (1) b) of Article 7 (4))
As of January 1, 2006-36 years and 6 months (36, to 5).
As of January 1, 2007-37 years (37).
As of January 1, 2008-37 years and 6 months (37, to 5).
As of January 1, 2009-38 years (38).
As of January 1, 2010-38 years and 6 months (38, to 5).
As of January 1, 2011-39 years (39).
As of January 1, 2012-39 years and 6 months (39, to 5).
As of January 1, 2013-40 years (40).