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Second Amendment To Law No. 26/84, Of 31 July, Approving The Remuneration Regime Of The President Of The Republic

Original Language Title: Segunda alteração à Lei n.º 26/84, de 31 de Julho, que aprova o regime remuneratório do Presidente da República

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Draft Law No 518 /X/3.

Amendment of the remunerative scheme of the President of the Republic

Exhibition of reasons

Following the comprehensive reform of the remunerative status of officeholders

politicians, operated by the Law No. 52-A/2005 of October 10, introduced a series of

mechanisms designed to regulate the situations of accumulation of due pay

to holders of political office who were already holders of retirement pensions or

retirement. The specificities of the presidential function and the existence of a regime

remunerative of its own for the President of the Republic, that of Law No. 26/84 of July 31,

distinct from the remaining holders of political office, justified the remission for the moment

itself from the adaptation of presidential remunerations to the new regulation.

Unlike what he succeeded in relation to the remaining holders of political office,

subsists the understanding that points to the recognition of the need for

maintenance of the grant awarded to the former holders of the post of President of the

Republic. Such a legislative option derives from the dignity of presidential functions

exerted, either from the maintenance of a permanent bond between the former holders and the

Portuguese Republic, through its capacity as a member of the State Council, and

represents a solution with broad diffusion in politico-constitutional systems

compared. That being the case, it is to adopt the 1984 normative to the general rules on

cumulation of pensions, admitting that possibility, albeit with a distinct regime

of that applicable to the remaining holders of political office.


So, in the applicable constitutional, legal and regimental terms, the Deputies of the

Undersigned Socialist Party present the following draft law:

Article 1.

(Amendment to Law No. 26/84 of July 31)

It is amended Article 5 of Law No. 26/84 of July 31, as amended by the

Law No. 102/88 of August 25, which is replaced by the following:

" Article 5.

The grants provided for in the previous articles are cumulable with pensions

of retirement, retirement or survival that holders of the right to those

aufiram of the state. "

Article 2.

(Entry into force)

This Law shall come into force on the day following that of its publication.

Palace of Saint Benedict, April 16, 2008

The Deputies,