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PROPOSED LAW NO. 186 /X

Exhibition of reasons

The Status of Armed Forces of the Armed Forces, approved by the Decree-Law No. 34-A/90,

of January 24, introduced significant changes in the transition regime

of the military for the reform situation, decreasing, specifically, the age limit

from 70 years to the age of 65.

The application of this measure to the military of the Armed Forces has been carried out in a manner

gradual, in accordance with the transition schedule provided for in Article 11 of the same

legal diploma.

In the sense of alleviating the effects arising from the application of the said legal precept, the

article 12 of the same decree-law, it came to enshrine, for the first time, the assignment to the

military of a pension supplement equal to the differential between the respective pension

of retirement and the remuneration for reservation to which they would be entitled if the transition schedule

were not applied to them, whose allowance would be secured by monies annually

inscribed in the budget of the Ministry of National Defence.

The same legal diploma has established, yet, that the military, by reaching the age of

70 years would see your retirement pension be targeted by new calculation based on the

reserve remuneration to which those servicemen would be entitled should they not have been

applied for the transition calendar and, when the retirement pension was lower than that

would result from the new calculation, be they abonado, the title of pension supplement, the

differential verified.

It was in this framework that the Pension Fund of the Forces of the Forces was created

Armed (FPMFA).

It succeeded, however, that of the various subsequent legislative changes resulted in

responsibilities and increased commitments to the FPMFA, since soon with the

approval of Law No 15/92 of August 5, whereby the scope of

primitive application, passing, also, to benefit from the pension complement the

military that, on August 10, 1992, were in the reserve situation and still

those who, subsequently on January 1, 1991, had passed the reform by

have reached the maximum time limit of stay on the reserve, outside the

service effectiveness.

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However, with this amendment, it was not foreseen if the amounts to be considered in the pension of

reserve reform and remuneration, would be translated into liquid or illiquid values,

situation which only came to be clarified by the Despacho n. 86 /MDN/92 of June 24, of the

Minister of National Defence, which established that the pension supplement

corresponded to the difference between the net values of the reserve remuneration and the

retirement pension.

Subsequently, with the approval of the new Status of Military Forces of the Armed Forces

by Decree-Law No. 236/99 of June 29, the universe of the military covered by the

add-on pension was again extended, and went on to benefit from the same

all servicemen who entered the Armed Forces before January 1, 1990,

for which it resulted in an amount of illiquid retirement pension lower than the

booking remuneration, net of the discount to the General Box of Retirements, to which

would be entitled should the passage to the reform situation occur at the age limit

established for the general regime of public function.

This enlargement had at its origin an alleged expectation from the military that

joined the Armed Forces before January 1, 1990 reach the age limit

for retirement only at the age of 70, this was expected to have ceased with the entry into

vigour of the Status of Military of the Armed Forces, approved by the Decree-Law No 34-

A/90, of January 24.

It was added that Law No. 25/2000 of August 23, introduced significant changes to the

Article 9 of the new Status of Military Forces of the Armed Forces, approved by the Decree-

Law No. 236/99 of June 25, in particular, in the regard to the calculation formula of the

add-on pension and respective universe of beneficiaries, having devoted to

allocation of the pension supplement in the situations in which the pension amount of

ill-gotten reform would be lower than the remuneration for illiquid reserve.

Thus, the military who entered the Armed Forces before January 1, 1990,

by reaching the age of 65 or by completing it, followed or interpolitely,

Five years in the reserve situation outside of service effectiveness, were going through the reform and,

in cases where it resulted in an amount of illiquid retirement pension lower than the

illiquid reservation remuneration to which they would be entitled, in case the passage to the situation of

reform if it were to occur at the age limit established for the general function of the function

public, would be abated to them, to the title of pension supplement, the differential

verified.

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This amendment made it possible for a military officer in the reform to earn higher amount than that

which would earn, should it not be obliged to reform itself by time limit in the situation of

reservation, contrary to the philosophy which is at the origin of the assignment of the supplement, or

be, prevent the retired military from prematurely from being able to earn an amount

lower than the one who would earn if they had stayed in the reserve situation.

Finally, Law No. 1/2004 of January 15 amended Articles 51 and 53 of the Staff Regulations

of the Aposentation, defining, in particular, new rules for the calculation of pensions of

retirement and survivability pension, predicting that these are deducted from the

percentage of the quota for retirement and survivor pension effects, no

allowing the amount of the pension to exceed, under no circumstances, the amount of the

remuneration calculated in accordance with these new rules.

In this context, it appears to be important to establish that the scheme provided for in Article 9 of the

Decree-Law No. 236/99 of June 29, with the amendments introduced by the Law

no 25/2000 of August 23 for the purposes of determination of the differential paid for

of the pension supplement, must meet, with regard to the remuneration for reservation,

to the deduction of the percentage of the quota for retirement and pension effects of

survival.

The hearing of the military associations should be promoted.

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:

Single article

Amendment to Decree-Law No 236/99 of June 25

Article 9 of the Decree-Law No. 236/99 of June 25, as amended by Law No. 25/2000, of

August 23, is replaced by the following:

" Article 9.

1-When the application of the items a) and b) of Article 159 (1) of the

Status results, for the military who entered the Armed Forces

on a date prior to January 1, 1990, an amount of the pension of

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illiquid reform lower than the remuneration for illiquid reserve, deduced from the

percentage of the quota for retirement and pension effects of

survival, to which they would be entitled should the passage to the situation of

reform if it were to occur at the age limit established for the general scheme of the

public function, it is abated them, by the title of the pension supplement, the

differential verified.

2-[...].

3-Should the retirement pension earned by the military be lower than the resulting

of the new calculation, shall be abated, by the title of the pension supplement, the

differential verified, which is updated on the same terms as

respective retirement pensions paid by the General Box of Retirements.

4-[...].

5-[...].

6-[...]. "

Seen and approved in Council of Ministers of March 6, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs