The First Amendment To Law No. 53/2006, Of 7 December, That Makes Extend The Special Mobility Scheme For Employees With Contract Of Employment, The Twenty-Sixth Amendment To Decree-Law No. 498/72, Of 9 December, Qu

Original Language Title: Procede à primeira alteração à Lei n.º 53/2006, de 7 de Dezembro, que torna extensivo o regime de mobilidade especial aos trabalhadores com contrato individual de trabalho, procede à vigésima sexta alteração ao Decreto-Lei n.º 498/72, de 9 de Dezembro, qu

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445324d7931594c6d527659773d3d&fich=ppl163-X.doc&Inline=false

1 PROPOSAL of law No. 163/X explanatory memorandum the modernization of public administration is one of the essential pillars of the country's growth strategy, outlining the various measures that the Government has undertaken to contribute to the full enjoyment and human resources development, with a view to modernising and improving the quality of public services. In this sense, with this draft law, advocate-if one-off adjustment and clarification of various aspects of law No 53/2006, of 7 December (common system of mobility of services of employees and agents of the central administration of the State), including the license grant scheme for staff who has sought extraordinary the situation of special mobility. Provides for the extension of the special mobility scheme to staff bound by contract of employment in the Public Administration for an indefinite period, whose contract should cease by virtue of collective redundancy or dismissal for the termination of the job. In such situations, once confirmed the need for termination of employment, the employee is notified to exercise the right of option of placing in special mobility situation for a period of one year. Once exhausted the possibilities of the worker's replacement on the terms and time limits laid down in the same law, the employment contract is made. If the employee does not opt for putting them in a situation of special mobility, will apply the General rules on collective redundancy or dismissal for the termination of the job.

With regard to pensions, the social protection regime of public service has undergone major changes in recent years, especially those introduced by law No 60/2005, of 29 December, towards your convergence with the general social security scheme in respect of retirement conditions and the calculation of pensions and, more recently, the resulting from law No 52/2007 , 31 August that adapted the scheme 2 of the Caixa Geral de Aposentações (CGA) the reform of the general social security scheme introduced by Decree-Law No. 187/2007, of May 10. Consolidated the cornerstone of the reform of the system of CGA, now able to make slight adjustments to the new framework resulting from the measures implemented, in order to intensify the effort to approach to the social security scheme, faithfully interpreting the lines of force of the reform, but without ever losing sight of the central objective of strengthening the financial sustainability of the system , whose abrupt movements and discourages safeguard requires maintaining unchanged the formula of calculating pensions. In this context, converge, gradually, the length of service requirement of voluntary early retirement mode with the rules of the general social security system, i.e., the retirement of subscribers who, having already reached the legal age of retirement, have a length of service, always descending, situated between 36 years in 2007 and 15 years in 2015 , or that, having at least 15 years of service, I'm 65 years old. It is based on the same principle, a slight adaptation of the early retirement scheme, so that this modality reaches, in 2009, requirements identical to those for early retirement under the scheme of social security, without prejudice to, in 2008, apply a transitional regime in which reduces service time already but if not imposes a minimum age. Is the complete career just as a prerequisite to obtaining a full pension, that is, calculated based on the maximum permissible service time, and for the implementation of the rules of reduction of penalties for excess length of service. Finally, and still within the framework of social protection, are still laid down important measures with regard to unemployment of workers of the public administration. The Government, recognizing the urgent need to create conditions for effective protection in situations of unemployment of employees and agents of the public administration, gives thus comply with the constitutional principles, to the judgment of the Constitutional Court No. 474/2002, of 18 December, and the various recommendations of the Ombudsman. In this sense, based on the General system of protection in the event of unemployment, are created specific rules to cover situations of precariousness of employment in Public Administration, such as the cases of administrative contract binding provision and by contract of employment, in this case, covered by social protection scheme 3 of the civil service, and those workers included in the General system of social security of the employees exclusively for the event of unemployment. On the other hand, the recognition that these bindings exist, in many cases, since a long time, he based the creation of special instruments for effective protection from the time of registration in the social security institutions for this eventuality. So, if unemployment will occur without being complied with the deadlines provided for in warranty general scheme, the employer is responsible for the retroactive payment of contributions to complete those time-limits, in accordance with applicable legal. The procedures were observed resulting from law No 23/98, of 26 May. Must be heard the Government organs of the autonomous regions, the National Association of Portuguese municipalities and the National Association of Parishes.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I article 1 mobility scheme amendment to law No. 53/2006 of December 7 articles 12 and 32 of law No 53/2006, of December 7, shall be replaced by the following : ' article 12 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 4 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9-the exercise of functions, in accordance with paragraph 6, that started prior to the publication of diploma that has determined the source service implies the automatic, by choice of the person concerned, rather vague or create and extinguish when wandering staff of service where it exercises functions, with the nature of the bond and on career , category, rank and index the employee or agent held in defunct service, except, however, has been integrated for an indefinite period on another service. 10 - […]. 11 - […]. 12 - […]. 13-Without prejudice to the provisions of subparagraph (b)) of paragraph 8 of article 6, when is not exercised any of the options provided for in the preceding paragraphs, as well as when the exercise of functions under paragraph 6 has started after the publication of the diploma that has determined the source service, the employee or agent is placed at the end of the transitional exercise of functions in situation of special mobility.

Article 32 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 5 9 - […]. 10 - […]. 11 - […]. 12-The people who opt voluntarily for placing in special mobility situation in accordance with paragraphs 4 and 5 of article 11 shall apply the preceding paragraphs, with the following changes: a) the license may be required in the transitional phase; b) Terminated the license, the employee or agent is placed in phase and at the time of the process it was when he started; c) the value of the monthly subsidy corresponds to the following percentages of the gross remuneration to the employee or agent he was receiving at the date of license: i) 75% during the first five years; II) 65% of 6° to 10 years; III) 55% from the 11th year; d) total gross remuneration referred to in (a) is subject to update as the is staff remuneration in service effectiveness; and) For basis for calculating the monthly subsidy is not taken into account any reduction in total gross remuneration pursuant to paragraphs 8 to 10 of article 29° 13-[previous paragraph 12].»

Article 2 transitional provisions 1-personnel referred to in paragraph 6 of article 12 and paragraph 9 of article 13 of law No 53/2006, of December 7, which, at the date of entry into force of this law, has initiated the functions mentioned in them after the publication of the diploma which determined the source service may opt for the scheme that was applicable in the face of the original wording of the law No. 53/2006 , 7 December. 2-the provisions of paragraph 12 of article 32 of law No 53/2006, of December 7, as amended by this Act, is applicable to staff the record, 6 voluntary option or not, Word list already approved or published for the purpose of placing in special mobility situation. 3-the license to be granted in pursuance of the preceding paragraph depends on application presented in the 30 days following the date of entry into force of this law and shall take effect from the 60° day placing in special mobility situation.

Article 3° application of special mobility scheme for workers with individual labour contract


1-identification of the Public Administration workers bound by an employment contract for an indefinite period which should cease by collective redundancy or dismissal for extinction of the workstation operates in accordance with the law No. 53/2006, of 7 December. 2-Identified workers whose contract should cease apply the other procedures provided for in the labour code. 3-Confirming the need for termination of employment, the employee is notified, in 10 working days, inform if you want to be placed in special mobility situation for a period of one year. 4-not wishing, and not having been revocation arrangement pursuant to the labour code, is practiced the notice of termination of employment. 5-Being placed in a situation of special mobility and restarting functions indefinitely on any service pursuant to the law No. 53/2006, of December 7, the procedures for termination of contract are archived without having practiced the corresponding Act, notifying the worker of archiving. 6-Not taking place the resumption of duties in accordance with the provisions of the preceding paragraph, during the period of placement of the unemployed special mobility, is the Act of termination of employment. 7-for the purposes set out in the labour code, the lack of alternatives to termination of employment or other jobs that are compatible with the category or with the professional qualification of the employee is justified through the statement issued by the managing body of mobility. 7 Chapter II conditions for retirement pension Article 4° Retirement Statute amendment article 37. of Retirement Statute, approved by Decree-Law No. 498/72, of 9 December, on your current wording shall be replaced by the following: ' article 37-the [...]

1-Can apply for dégagement, regardless of submission to medical board and without prejudice to the application of the unified pension scheme, subscribers of the Caixa Geral de Aposentações:) With at least 33 years of service, to the pensions required until 31 December 2008; b) With at least 55 years of age and which, at the date on which amount to this age, have completed at least 30 years of service, to the pensions required from 1 January 2009. 2-the value of the early retirement pension provided for in the preceding paragraph is calculated in general terms and reduced by application of a reduction factor determined by the formula 1-x, where x is equal to the rate of reduction of the value of the pension. 3-the global rate of reduction is the product of the number of years of anticipation regarding the age legally required for retirement by: a) annual rate of 4.5%, for required until 31 December 2014; b) monthly fee of 0.5%, for required from 1 January 2015. 4-the number of years of anticipation to consider in determining the overall rate of reduction of pension given to subscribers is reduced: 8 a) until 31 December 2014, of 1 year for each period of 3 or, Alternatively, of 6 months for each year that the length of service in excess of full career in force at the time of retirement; b) from 1 January 2015, 1 year for every 2 that time period of service exceeding 40.»

Article 5° amendment of law No. 60/2005, of 29 December article 3 of law No 60/2005, of 29 December, is replaced by the following: ' article 3 [...]

1 - […]. 2-the length of service laid down in paragraph 1 of article 37 of the Statute of the retirement pension of 36 years, is gradually reduced until attaining 17 years in 2014, in accordance with annex II. 3-Can retire subscribers contains at least 65 years old and the warranty period in the general social security scheme. '

Article 6 amendment to the systematic organization of law No. 60/2005, of 29 December 1-annex II of law No 60/2005, of 29 December, Annex III. 2-the references in the article 5 of law No 60/2005, of 29 December, amended by law No 52/2007, of August 31, Annex II of law No 60/2005, of 29 December, shall be deemed to be made to annex III of the same law.

9 Article 7° addition to law No. 60/2005, of 29 December is added to law No. 60/2005, of 29 December, annex II to read as follows: ' annex II [referred to in paragraph 2 of article 3°] from 1 January 2008 33 years from 1 January 2009 30 years from 1 January 2010 25 years from January 1 2011 23 years From 1 January 2012 21 years from January 1 2013 19 years from 1 January 2014 17 years ' Article 8 .° amendment of 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-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 in annex II and that decisive Act, with the limit of 70 years. 4-Notwithstanding the previous paragraph, the pension of subscribers who might retire in advance without reducing pension based on article 37. of Retirement status and choose 10 not to is reduced by applying the global rate resulting from the product of a monthly fee of 0.65% calculated by the number of months between 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. 5 - […]. 6 - […].»

Chapter III Protection of work Article 9 .° protection in unemployment of workers of the public administration in administrative contract scheme dismissed and individual contract of work 1-Public servants bound by administrative provision contract and contract of employment that are covered by social protection scheme in the civil service and which, at the date of entry into force of this Act , serving in direct and indirect State administration, autonomous regional and municipal, as well as in any other entity, are framed in the General system of social security of the employees, exclusively for the purposes of protection in the event of unemployment. 2-to the workers referred to in the preceding paragraph shall apply the Decree-Law No 220/2006, of 3 November, and other complementary legislation, mutatis mutandis and with the specifics given in the following paragraphs. 3-must be enrolled in social security institutions and services workers or remuneration provided for processors entities in paragraph 1, respectively, as beneficiaries and as taxpayers. 4-linked workers until December 31 2005 pay a contribution corresponding to 1% of their monthly salary and workers bound by administrative contract provision after 1 January 2006 are exempt from contribution. 5-the contributions of the respective services or entities pay processors are fixed in own diploma. 11 6-periods of payment of unemployment benefit and social benefit of initial unemployment give way to pay registration, for equivalence to the contributions, by the value of the reference remuneration which formed the basis for the calculation of the provision, workers bound by administrative provision contract and included in general social security scheme after 1 January 2006 , for eventualities invalidity, old age and death. 7-the contributory obligation of beneficiaries and taxpayers remains in cases of impediment to the effective exercise of functions arising from situations of illness, maternity, paternity or adoption, accident and occupational disease, unless there is suspension of payment of remuneration and while it last. 8-When the event of unemployment without warranty periods have been fulfilled, shall apply, mutatis mutandis, the provisions of Decree-Law No 117/2006, of 20 June, and other regulatory provisions, relating to the payment of retroactive contributions to complete those deadlines. 9-For the calculation of the time limits provided for guarantee in Decree-Law No. 220/2006, of 3 November, can be considered contributory periods recorded in the public system of social security, under there. 10-the staff referred to in this article as well as the provisions of paragraph 5 of article 5 of Decree-Law n° 234/2005, 30 November, can choose, at any time, by the inscription, maintenance or maintenance not in the GYM or in accordance with applicable legal, in other public administration health subsystems.

Chapter IV transitional and final provisions article 10 transitional provisions


1-During the year of 2008, the entry of workers referred to in paragraph 3 of the preceding article or the payment of any dues or contributions, without prejudice to the next paragraph. 12 2-If the event of unemployment occur during the year of 2008, it is the responsibility of the services to which the workers were bound to the allocation and payment of the unemployment benefit or unemployment social allowance in accordance with the legislation referred to in the previous article. 3-the allocation and payment of subsidies as referred to in paragraph 1 to workers who were linked to public institutions referred to in paragraph 1 of article 5 of law No 62/2007 of 10 September, the Ministry of science, technology and higher education. 4-the provisions of this article shall be without prejudice to the legislation in force on the protection of workers of the public administration.

Article 11 shall be repealed: the set Standard) article 4 of law No. 60/2005, of 29 December; b) article 4 and article) article 8 of law No 52/2007, of August 31.

Article 12° Republication is republished, in the annex, which forms an integral part of this law, law No. 60/2005, of 29 December, with the current wording.

Article 13° entry into force this law shall enter into force on 1 January 2008.

Seen and approved by the Council of Ministers of 31 October 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 13 Annex (referred to in article 12) Republication of law No. 60/2005, of 29 December Article 1 subject-matter this law establishes mechanisms for the convergence of social protection regime of public service with the general social security scheme in respect of retirement conditions and calculation of pensions.

2. Article 1-the Inscription° Caixa Geral de Aposentações leaves, from 1 January 2006, to carry out the registration of subscribers. 2-the people that start functions from 1 January 2006 to which, in accordance with the legislation in force, were the social protection regime in respect of civil service retirement, due to the nature of the institution that will be bound, the type of legal relationship of employment that will be holder or special standard that you confer that right , must be registered with the general social security scheme.

Article 3 conditions for ordinary retirement pension 1-the retirement age established in paragraph 1 of article 37 of the Statute of the retirement pension, approved by Decree-Law No. 498/72, of 9 December, is progressively increased until it reaches 65 years in 2015, in accordance with Annex i. 2-the length of service laid down in paragraph 1 of article 37 of the Statute of the Retirement , 36 years, is gradually reduced until attaining 17 years in 2014, in accordance with annex II. 3-Can retire subscribers contains at least 65 years old and the warranty period in the general social security scheme. 14 article 4 (repealed) 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 title ' 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 ' P1 ', corresponding to the time of service until 31 December 2005 and 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, less the percentage of the quota for the purposes of retirement pension and survivor's pension, with a maximum limit corresponding 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 III; (b)) the second, with the designation ' P2 ', service time after 31 December 2005, is fixed in accordance with articles 29 to 32 of the Decree-Law No. 187/2007, of May 10, with no minimum or maximum limits, based on the following formula: RR x T2 x N where: RR is the reference remuneration , sharp from annual remunerations higher recorded from January 1 2006 corresponding to the length of service required for, added to registered until December 31 2005, make up to the limit set out in annex III; 15 T2 is the annual formation of pension determined in accordance with articles 29 to 31 of 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 pay supplemented from 1 January 2006, for, added to years registered until December 31, 2005 period of the limit set out in annex III. 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: EMV2006/EMVano i-1 where: EMV2006 is the average life expectancy at age 65 years in 2006; EMV year i-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-the retirement of subscribers registered from 1 September 1993 continues to be calculated in accordance with the legal provisions applicable to the calculation of the pensions of beneficiaries of the general social security scheme in accordance with the provisions of Decree-Law No. 286/93, of August 20.

Article 6° calculation of the survivor's pension as of 1 January 2006 1-the survivor's pension allocated for death, which occurred after December 31, 2005 of Subscriber or pensioner retired from 1 January 2006 in accordance with paragraph 1 of the preceding article corresponds to the sum of 50% of P1 with the value that result from applying the P2 of the rules of the general social security scheme. 2-the survivor's pension allocated for death certificates of subscribers registered from 1 September 1993 is calculated in accordance with the legal provisions applicable to the calculation of the pensions of beneficiaries of the general social security scheme. 3-the ownership and the conditions for the award of pensions referred to in the preceding paragraphs shall be governed by the rules laid down in the general social security scheme. 7. Article 16° Safeguarding of rights 1-subscribers of the Caixa Geral de Aposentações that until 31 December 2005 contains at least 36 years of service and age 60 may retire in accordance with the legal regime to which they would be applicable on that date, regardless of when that report to apply for retirement. 2-subscribers of the Caixa Geral de Aposentações that until 31 December 2005 contains at least 36 years of service can retire in advance under article 37-the Retirement Statute, in accordance with the legal regime to which they would be applicable on that date, regardless of when presenting the request the retirement pension, in which case for the purposes of calculation of the penalties to be applied to the pension, the age limit of Annex i. 3-subscribers covered by the preceding paragraph that will retire in advance until 31 December 2014 qualifying, as an alternative to the arrangements laid down in legislative provisions mentioned therein, in the form of reduction referred to in paragraph 2 of article 4, when this is more favorable than will be informed by Caixa Geral de Aposentações inform. 4-the application of the modality of reduction referred to in paragraph 2 of article 4 thereof implies that: a) the pension is calculated in accordance with paragraph 1 of article 5; and that (b)) In penalties to apply if taking into consideration the limits of age and length of service of annexes I and III. 5-the provisions of paragraphs 3 and 4 may not result in the retirement pension, with full Board, in age lower than that in which the Subscriber to retire with full pension, if it had been applying the system in force on 31 December 2005.

Article 8° Retirement changes Article 56 compulsive of Retirement Statute, approved by Decree-Law No. 498/72, of December 9, which is replaced by the following:% quot% article 56.17° reduction of pension in the case of compulsory retirement, the pension is calculated in general terms and reduced by 4.5% of your value for each year of anticipation regarding the age legally required for retirement with the 25% limit.»

Article 9 .° set Standard Are repealed article 1 of the Statute of the retirement pension, approved by Decree-Law No. 498/72, of 9 December, and all the special rules which confer the right of entry in Caixa Geral de Aposentações.

Article c-10 entry into force this law shall enter into force on 1 January 2006. 18 annex I (paragraph 1 of article 3 and paragraph 2 and in paragraph b) of paragraph 4 of article 7)


From 1 January 2006-60 years and 6 months. From 1 January 2007-61 years. From 1 January 2008-61 years and 6 months. From 1 January 2009-62 years. From 1 January 2010-62 years and 6 months. From 1 January 2011-63 years. From 1 January 2012-63 years and 6 months. From 1 January 2013-64 years. From 1 January 2014-64 years and 6 months. From 1 January 2015-65 years. 19 ANNEX II (paragraph 2 of article 3) from 1 January 2008 33 years from 1 January 2009 30 years from 1 January 2010 25 years from January 1 2011 23 years from 1 January 2012 21 years from January 1 2013 19 years from 1 January 2014 17 years 20 ANNEX III (referred to in (a)) and b) of paragraph 1 of article 5 and in subparagraph (b)) of paragraph 4 of article 7) from 1 January 2006-36 years and 6 months (36.5). From 1 January 2007-37 years (37). From 1 January 2008-37 years and 6 months (37.5). From 1 January 2009-38 years (38). From 1 January 2010-38 years and 6 months (38.5). From 1 January 2011-39 years (39). From 1 January 2012-39 years and 6 months (39.5). From 1 January 2013-40 years (40).