Regulates The Legal Consequences Of Periods Of Military Service Of Former Combatants For The Purposes Of Allocation Of Benefits Provided For In Law No. 9/2002, Of 11 February, And In Law No. 21/2004, Of 5 June

Original Language Title: Regula os efeitos jurídicos dos períodos de prestação de serviço militar de antigos combatentes para efeitos de atribuição dos benefícios previstos na Lei n.º 9/2002, de 11 de Fevereiro, e na Lei n.º 21/2004, de 5 de Junho

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449794d4331594c6d527659773d3d&fich=ppl220-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 220/X explanatory memorandum the 17TH Constitutional Government program has identified, among the objectives of national defence, the application of the system of military service time count of ex-combatants, for the purposes of retirement and retirement, in accordance with the law No. 9/2002, of 11 February and of law No. 21/2004 , 5 June. The Portuguese State has in relation to the former combatants a permanent tribute and commitment should, with legitimate pride, in the face of our organisation which has the story, interpret your action throughout your dimension, taking lessons and then be able to appreciate and thank all those in different circumstances, dictated by the historical moment in which they were called to serve, they did your duty with haze and dedication. The law No. 9/2002, of 11 February, recognizes a universe of Portuguese who served the military in some overseas territories in periods between 1961 and 1975, the relevance of that period of time in their lives, for the purposes of attribution of benefits depending on the time of service in those territories. Subsequently, law No. 21/2004, of 5 June, came to extend the scope of personal application of law No. 9/2002, of 11 February, another universe of former combatants, in particular, the ex-combatants not subscribers of the Caixa Geral de Aposentações or beneficiaries of the pension schemes of the public Social security system.

The regulation of law No. 9/2002, of 11 February, came to fruition through Decree-Law No. 160/2004, of 2 July, through which were enshrined the benefits to be allocated through specific figures according to the situation of each combatant, including contribution of special pension supplement and extra life.

PRESIDENCY of the COUNCIL of MINISTERS 2 However, regarding the special situations, which include in particular, banking lawyers and solicitors, article 13 of that regulation itself was projected diploma for consecration of the benefits to be allocated. After four years on the publication of law No. 21/2004, of 5 June, matters proceed to your rules and bring about enlargement and the consecration of the advertised benefits, as well as make improvements required by sober repeal of Decree-Law No. 160/2004, of 2 July, in order to make the model more fair and equitable. In fact, the experience dictated by the application of law No. 9/2002, of 11 February, and subsequent regulations, has revealed the existence of marked discrepancies in the allocation of benefits, which is essential to restoring that allow a more fair distribution of these benefits. In this context, the special pension supplement, and laid down in articles 4 and 5 of Decree-Law No. 160/2004, of 2 July, is now converted into the special pension supplement and apply to all ex-combatants covered by law No. 9/2002, of 11 February, and by law No. 21/2004, of 5 June. This supplement offers tiered into three levels, and allows the correction of imbalances observed in amounts paid so far.

The figure of the special pension supplement referred to in article 6 of law No. 9/2002, of 11 February, and article 6 of Decree-Law No. 160/2004, of 2 July, remains, however, and only in relation to beneficiaries of the schemes social security solidarity subsystem. In relation to the figure of the lifetime pension increase, the values defined or to be defined in relation to beneficiaries of this financial allowance, by this Bill, to abide by the minimum and maximum limits of the special pension supplement, which may never be less than the minimum amount provision nor exceed the maximum value of the PRESIDENCY of the COUNCIL of MINISTERS value 3 of this supplement. This Bill sets, also, unequivocally, that there is no place in the household allowance or spare, in twelfths, of any cash benefits conferred, that always win. Establishes the impossibility of accumulation of benefits, the month of October for the corresponding payments, ending, thus, with the degree of uncertainty that comes as the date of those subsisting payments. It is expected that the delivery of applications is no longer dependent on and clarifies the treatment of process and production requirements of the respective effects under the law No. 9/2002, of 11 February, and of law No. 21/2004, of 5 June, by setting the specific skills and degree of intervention of the various entities involved in the process. Finally, it is established that the financial burden arising from the application of law No. 9/2002, of 11 February, of law No. 21/2004, of 5 June, as well as of the present Bill are supported by the State budget, as it is a matter which should not be limited to the Ministry of national defence, before being a matter of national interest , whose recognition associated must be paid by the Portuguese State. She was promoted to audition, on an optional basis, of the Association and of the Association of Pensioners and ex-military/veterans, Portuguese from France. Were heard, on an optional basis, the armed forces officers ' Association, the National Association of Sergeants, the Association of military personnel in the reserve and the Reform League of combatants, the Portuguese Association of war veterans, the Association of Overseas Portuguese fighters, the National Association of Combatants of the Overseas, the Association of disabled Armed forces, the Association in support of the former Victims of Stress of War , the National Association of prisoners of War, the Portuguese Association of former military personnel, the ex-military of Luxembourg and Portuguese immigrant Department the OGBL (Luxembourg), PRESIDENCY of the COUNCIL of MINISTERS 4 unions of the North Bank of the Centre, South and Islands, the Bar Association, the Chamber of bailiffs and the Provident Fund of the Companhia Portuguesa Radio Marconi. 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 General provisions Article 1 subject-matter this law regulates the provisions of law No. 9/2002, of 11 February, and in law No. 21/2004, of 5 June, and defines the procedures for the allocation of the benefits resulting from periods of military service in special conditions of difficulty or danger.

Article 2 personal scope the provisions of this law shall apply to former combatants: a) beneficiaries of the social security contributions system; b) Beneficiaries of the schemes of the subsystem of solidarity of the social security system; c) Underwriters or retirees of the Caixa Geral de Aposentações; d) covered by the social security systems of Member States of the European Union and other States members of the European economic area, as well as by the Presidency of the COUNCIL of MINISTERS 5 Swiss law, coordinated by Community regulations, still have not been beneficiaries of the national social security system; and) covered by social security systems of States with which international instruments have been concluded providing for the aggregation of contributory periods, provided they have been beneficiaries of the national social security system, although not filled the warranty period for access to pension; f) covered by social protection scheme, beneficiaries of the Welfare Fund for solicitors and barristers and the Provident Fund of the Companhia Portuguesa radio Marconi.

CHAPTER II Benefits article 3 purposes of counting time 1 service-counting the time of actual military service, as well as the respective percentages of increase of service provided by former combatants in special conditions of difficulty or danger, is for the purposes of allocation of benefits provided for in this law, without prejudice to the provisions of its own legislation concerning effects of time of actual military service under the social security contributions system. 2-the time of military service for the purposes of account receives a warranty period under the same terms that the time of compulsory military service. 3-the period of military service of former combatants disabled PRESIDENCY of the COUNCIL of MINISTERS 6 military, referred to in article 8 of law No. 9/2002, of 11 February, is for the purposes of retirement or pension, although that time has been considered for the purposes of fixing the invalidity or retirement pension. Article 4 exemption from payment of contributions 1-The former combatants that are covered by Act No. 9/2002, of 11 February, are exempted from the payment of contributions established under Decree-Law No. 311/97, of 13 November, as amended by Decree-Law No. 438/99, of 29 October.


2-from the entry into force of this law, within the framework of the Caixa Geral de Aposentações, effective service and the respective percentages of increase under the law No. 9/2002, of 11 February, is made with remission of quotas. 3-for the purposes of the preceding paragraph, do not fall within the applicant's withdrawal of the count after the same have been made and the fact that the payment of the debt of established quotas have not been carried out. Article 5 special pension Supplement 1-the special pension supplement provided for in article 6 of law No. 9/2002, of 11 February, assigned to the pensioners of the solidarity subsystem is a financial allowance the amount of which corresponds to 3.5% of the value of the social pension for each year of military service or the twelfth of that amount for each month of service. 2-the special pension supplement is paid annually, in the month of October, PRESIDENCY of the COUNCIL of MINISTERS 7 corresponding to 14 monthly payments. Article 6 lifetime pension Increase the lifetime pension increase provided for in article 7 of law No. 9/2002, of 11 February, is a financial allowance of nature for damages with money given to former combatants: a) Pensioners social security insurance system who have made payment of contributions pursuant to Decree-Law No. 311/97, of 13 November , as amended by Decree-Law No. 438/99, 29 October; b) Pensioners of the Caixa Geral de Aposentações that have rendered military service in special conditions of difficulty or danger within the meaning of article 6 of Decree-Law No. 28 404, of 31 December 1937, and other complementary legislation, and whose count, prior or final, has been carried out until 2 July 2004 or later, upon payment of the respective quotas or contributions. Article 7 calculation of lifetime pension 1-increase the lifetime monthly pension increase is calculated according to the following formula: AV = actuarial Coefficient x C 2-for the purposes of the previous paragraph: AV-lifetime monthly pension increase; Actuarial-coefficient corresponding to the beneficiary's age on 1 January 2004, for the former combatants pensioners on 3 July 2004, or on the date of the beginning of the pension for the other situations, as the table in the annex to this law and it is an integral part; C-matches, social security, the amount of the contributions paid to the PRESIDENCY of the COUNCIL of MINISTERS 8 under Decree-Law No. 311/97, of 13 November, duly updated, pursuant to Decree-Law No. 187/2007, of May 10; C-corresponds, in the context of the CGA, apart from the support by the State the amount that would be due by the count, on the date the beginning of the right to life, pension accrual of bonus time of military service rendered in special conditions of difficulty or danger, by applying the rules laid down in the Statute of the retirement pension and pension earned based on that date.

3-the annual value of the pension is to increase lifetime limit the minimum and maximum value of the special pension supplement. 4-the lifetime pension increase is paid annually, in the month of October, corresponding to 12 monthly payments. Article 8 special pension Supplement 1-subsidised service time is for the purposes of pension formation rate by giving special pension supplement. 2-the amount of the special pension supplement is calculated as a function of time of military service rendered in special conditions of difficulty or danger. 3-Are beneficiaries of this provision the former combatants of the invalidity or old-age pensioners, pensioners or retirees as referred to in article 2 which are not holders of the benefits mentioned in the preceding articles. 4-the annual amount of special pension supplement is attributed to former combatants in accordance with the following criteria: a) € 75 the holding a service time until 11 months; b) € 100 to the holding a service time between 12 and 23 months; c) £ 150 to those who hold a long service bonus equal to or greater than the PRESIDENCY of the COUNCIL of MINISTERS 9 24 months. 5-the special supplement is paid annually, in the month of October.

Article 9 1 Accumulation-the benefits of law No. 9/2002, of 11 February and of law No. 21/2004, of 5 June, as well as of the present law shall be cumulative with each other. 2-the benefits provided for in this law shall be cumulative with any other benefits that the former fighter has or will be entitled. Article 10 Update the benefits provided for in this law shall be updated annually according to the indicators referred to in article 5 of law No. 53-B/2006, of 29 December, on the following terms: a) the special pension supplement and special pension supplement, with effect from 1 January; b) extra pension for life, to the extent necessary for the respect of the minimum amount established in paragraph 3 of article 7 of this law. Article 11 access to national health service benefits awarded under this law are for the purposes of the application of the system of exemption from user fees for access to health care under the national health service.

PRESIDENCY of the COUNCIL of MINISTERS 10 Processing and administration CHAPTER III article 12 1 Assignment-the right to the benefits provided for in this law depends on the former fighter, your maturity date: a) Be entitled to invalidity pension or old age or retirement pension, unless the count is concerned the time of effective service and the respective percentages of increase with exemption from payment of contributions or quotas; b) Have submitted application for the award of the benefits provided for in this law, under the law n.° 9/2002, of 11 February, or of law No 21/2004, of 5 June, and supplementary legislation. 2-the recognition of the right to count, prior or final, of military service time to remission of quotas or contributions, as well as the other benefits provided for in this law, cannot precede the time of actual military service and subsidised by the Ministry of national defense. 3-for the purposes of determining the right to pension beneficiaries special supplement provided for in points (a) to (d)) and e) of paragraph 1 of article 2 of this law, it is assumed the status of pensioner age pension from the age of 65, unless proven boarder situation through document issued by the respective governing authority pension processing. 4-the bonus count of time laid down in article 3 of law No. 9/2002, of 11 February, applies to spouses survivors, survivor's pensioners of ex-combatants.

PRESIDENCY of the COUNCIL of MINISTERS 11 5-the right to cash benefits provided for in this law WINS, all in 1 day of the month of October. Article 13 seniority count the time of military service rendered in conditions of difficulty or danger referred to in law No. 9/2002, of 11 February and law No. 21/2004, of June 5, is counted as defined in article 6 of Decree-Law No. 28 404, of 31 December 1937 , and other complementary legislation. Article 14 relevant Entities 1-time certification of military service and subsidised is carried out following the presentation of the request provided for in the preceding article and the Ministry of national defence. 2-the Directorate-General of military recruitment and Personnel of the Ministry of national defence, integrate, manage and consolidate the data contained in the applications and the certifications of the time of military service and refer the same to the entity responsible for the recognition of their benefits. 3-the elements contained in the requirements of ex-combatants and the data collected by the branches of the armed forces are integrated in the database of former combatants of the Ministry of national defense. 4-the recognition of the right to benefits and the payment of cash benefits referred to in this law shall: a) to Caixa Geral de Aposentações regarding former combatants covered by social protection scheme in the civil service;

(b)) to the Welfare Fund for solicitors and barristers, the Provident Fund of the PRESIDENCY of the COUNCIL of MINISTERS



12 staff of the Companhia Portuguesa radio Marconi, or to fund managers of the system of social protection of workers, to the former combatants receiving each of the schemes operated by these institutions; c) to the Social Security Institute, I. P., for the remaining former combatants. Article 15 Application requests for counting the time of military service for the purposes of allocation of benefits provided for in this Act may be submitted at any time. CHAPTER IV transitional and final Provisions, article 16 satisfaction of the financing costs of the burden of the application of law No. 9/2002, of 11 February, of Decree-Law No. 160/2004, of 2 July, and of law No. 21/2004, of 5 June, as well as of the present law, is supported by the State budget, with the exception of those relating to the period prior to the entry into force of this law that are the responsibility of the Ministry of defence Nacional, through the law of Military infrastructure programming.

Article 17 transitional provisions 1-requests for counting the time of military service for the purposes of retirement or pension, for the award of the benefits provided for in this law, carried out by former combatants covered by law No. 9/2002, of 11 February, and by law No 21/2004, PRESIDENCY of the COUNCIL of MINISTERS may 13 June, which came in within legally determined , for all intents and purposes, as presented on 31 December 2002, there is no place, in no circumstances, to the recognition of rights in respect of the period prior to 1 January 2004. 2-requests for counting the time of military service for the purposes of retirement or pension, for the award of the benefits provided for in this law, carried out by former combatants covered by law No 9/2002, of 11 February, and by law No 21/2004, of 5 June, which gave entry to beyond the deadlines legally determined, shall be deemed, for all purposes , as presented on 1 January 2008, there is no place, in no circumstances, to the recognition of rights in respect of the period prior to that date. 3-are considered to be legally certain deadlines, for the purposes of the preceding paragraphs, those set out in paragraph 1 of article 9 of law No. 9/2002, of 11 January, as amended by Decree-Law No. 303/2002, of 13 December, and in paragraph 1 of article 2 of law No. 21/2004, of 5 June. Article 18 Implementation an application form as well as the procedures necessary for the implementation of this law are approved by order of the members of the Government responsible for the areas of finance, national defence and of labour and social solidarity. Article 19 the following shall be repealed: the set Standard) article 4 of law No. 107-B/2003, of December 31; b) Decree-Law No. 303/2002, 13 December; c) Decree-Law No. 160/2004, of 2 July;

PRESIDENCY of the COUNCIL of MINISTERS 14 d) the ministerial order No. 141/2002, of February 13; and) the ministerial order No. 1033-HQ/2004, of 10 August; f) the ministerial order No. 1307/2004, of 13 October; g) the ministerial order No. 167/2005, of 1 February. Article 20 Remission legal references made to provisions contained in the diplomas covered by repealed this law shall be understood as references to the corresponding provisions of this Act. Article 21 1 Conversion-special pension supplements allocated under the provisions of articles 4 and 5 of Decree-Law No. 160/2004, of 2 July, are converted to the special pension supplement provided for in article 8 of this law.

2-paragraph 3 of article 7 of this law shall apply to lifetime pension increases allocated under the provisions of article 7 of the Decree-Law No. 160/2004, of 2 July. Article 22 entry into force this law shall enter into force with the State budget for the financial year following the year of your publication.



PRESIDENCY of the COUNCIL of MINISTERS 15 Seen and approved by the Council of Ministers of 24 July 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS 16 ANNEX actuarial Coefficients for calculating the lifetime pension increase (referred to in article 7) 45....................................... 0,003 225 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 281 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 340 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 402 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 468 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 537 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 609 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 685 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 766 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 851 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,003 941 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 038 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 139 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 248 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 363 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 486 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 618 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,004 760 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911 0.004 PRESIDENCY of the COUNCIL of MINISTERS 17 64....................................... 0,005 075 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,005 251 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,005 442 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,005 649 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,005 874 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,006 117 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,006 381 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,006 669 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,006 983 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,007 327 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,007 703 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,008 115 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,008 567 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,009 066 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,009 615 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0,010 217 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875 0.010