Key Benefits:
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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