The Seventh Amendment To Decree-Law No 236/99, Of 25 June, Which Approves The Statute Of The Military Armed Forces

Original Language Title: Procede à sétima alteração ao Decreto-Lei n.º 236/99, de 25 de Junho, que aprova o Estatuto dos Militares das Forças Armadas

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445344e6931594c6d527659773d3d&fich=ppl186-X.doc&Inline=false

1 PROPOSAL of law No. 186/X explanatory statement the status of military personnel of the armed forces, approved by Decree-Law No. 34/90, of 24 January, introduced significant changes with regard to the transition of the military regime to reform, lowering the age limit of 70 years for 65 years. The application of this measure to the military Armed forces was made gradually, according to the transition timetable laid down in article 11 of the same law. In order to mitigate the effects of the application of that legal precept, article 12 of the same decree-law, came to devote, for the first time, the assignment to the military of a pension supplement equal to the difference between their pension and remuneration of the reserve that would get if the transition calendar not to be applied, whose allowance would be ensured through funding annually shown in the budget of the Ministry of national defence. The same law established that the military, reaching the age of 70 years would see your pension be subject to recalculation based on the remuneration to which these military reserve would get if they had not been applied the calendar of transition and, when the pension was less than that which would result from the new calculation would be credited as a pension supplement, the differential checked. It was in this framework that the Pension Fund was created for military personnel of the armed forces (FPMFA).

He succeeded, however, which of the various legislative changes have led to increased responsibilities and commitments subsequent to the FPMFA, with the approval of law No. 15/92, of 5 August, whereby it was extended the scope of primitive, passing, too, benefit from the addition of the military pension, in August 1992, 10 were in the situation of reserve and even those who Subsequently the January 1 1991, had passed the reform because they have reached the maximum limit of stay in reserve, out of service effectiveness. 2 However, this amendment was not provided for if the amounts eligible for the pension and remuneration of reserves, would be translated into liquid or illiquid values, which only came to be clarified by Decree No. 86/MDN/92, of 24 June, the Minister of national defence, which established that the complement of pension corresponded to the difference between the net amounts of the remuneration and the pension. Later, with the adoption of the new Statute of the military Armed forces by Decree-Law No. 236/99, of 29 June, the military universe covered by pension complement was again extended, and benefit from all the military who joined in the armed forces before 1 January 1990, for which resulted a total gross pension amount lower than the remuneration of reserves , net of the discount to the Caixa Geral de Aposentações, you would get if the transition to retirement if the age limit established for the general scheme of the civil service. This enlargement has had on your alleged expectation of military origin that joined in the armed forces before 1 January 1990 reaching the age limit for retirement only to 70 years, that expectation had ceased with the entry into force of the Statute of the military Armed forces, approved by Decree-Law No. 34/90, of 24 January.

Added that Act No. 25/2000, 23 August, introduced significant changes to article 9 of the new status of the military personnel of the armed forces, approved by Decree-Law No. 236/99, of 25 June, in particular, with regard to the formula of calculating the pension supplement and its universe of beneficiaries, having enshrined the role of the pension supplement in situations where the amount of the pension was lower than the total gross remuneration of total gross reserves. Thus, the military that joined in the armed forces before 1 January 1990, to achieve the 65 years of age or to complete, or interpoladamente, five years in the reserve situation out of service effectiveness, passed the reform and, in cases where work an amount of pension gross lower than the total gross reserve remuneration that would get If the transition to retirement if the age limit established for the general scheme of the civil service, would be credited as a pension supplement, the differential checked. 3 this amendment allowed a military retirement auferisse amount higher than that that auferiria, if it wasn't forced to retire by the time limit on booking situation, contrary to the philosophy that lies at the root of the award of the add-on, IE, prevent the military pensioners, prematurely, were paid less than the one who would if they had remained in reserve status. Finally, the law No. 1/2004, of 15 January, amended articles 51 and 53 of the Retirement Statute, defining, in particular, new rules for the calculation of retirement pension and survivor's pension, providing that these are deducted from the quota percentage for the purposes of retirement pension and survivor's pension, not allowing the amount of the pension exceeding in any event, the amount of remuneration calculated according to these new rules.

In this context, it is important to establish that the arrangement provided for in article 9 of Decree-Law No. 236/99, of 29 June, with the amendments introduced by law No. 25/2000, of August 23, for the purposes of determining the differential paid pension complement, must meet with regard to remuneration, to deduct the percentage of the quota for the purposes of retirement pension and survivor's pension. Should be promoted to hearing the military associations. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: single Article amendment to Decree-Law No. 236/99, of June 25 article 9 of Decree-Law No. 236/99, of 25 June, amended by law No. 25/2000, of August 23 is replaced by the following : «article 9 1-When the application of points (a)) and b) of paragraph 1 of article 159 of the status result to the military that joined in the armed forces in date prior to 1 January 1990, an amount of the 4 total gross lower than the remuneration reform of total gross reserves, less the percentage of the quota for the purposes of retirement pension and survivor's pension , that would get if the transition to retirement if the age limit established for the general scheme of the public service, they are credited for pension complement, the differential checked. 2 - […]. 3-If the pension earned by the military is less than the resulting from the recalculation, you will be credited for pension complement, the differential, which is updated in the same terms of their retirement pensions paid by Caixa Geral de Aposentações. 4 - […]. 5 - […]. 6 - […].»

Seen and approved by the Council of Ministers of 6 March 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency