CHAIR OF THE COUNCIL OF MINISTERS

1

Proposed Law No. 220 /X

Exhibition of Motives

The Programme of the XVII Constitutional Government has identified, among the objectives of the Defence

National, the application of the Antigos military service time counting regime

Combatants, for the purposes of retirement and reform, pursuant to Law No. 9/2002, of 11

of February and of Law No. 21/2004 of June 5.

The Portuguese State has relatively the Ancient Combatants a commitment to

permanent homage and must, with legitimate pride, in the face of our history

multissecular, interpret its action in all its dimension, take away ilactions and hence know

appreciate and thank you, to all how many in the different circumstances, dictated by the moment

history in which they were called to serve, fulfilled their duty with entake and dedication.

The Law No. 9/2002 of February 11 recognizes to a universe of Portuguese that

have provided military service in some territories of the overseas in the periods understood

between 1961 and 1975, the relevance of that period of time in their lives, for the purposes of

allocation of benefits in function of the time of service provided in those territories.

Subsequently, Law No. 21/2004 of June 5 came to extend the scope of application

staff of Law No. 9/2002, of February 11, to another universe of Ancient People

Combatants, specifically, to the former unsubscribed fighters of the General Box of

Retirees or beneficiaries of the pension schemes of the public safety system

Social.

The regulation of Law No. 9/2002 of February 11 has come to fruition through the

Decree-Law No. 160/2004 of July 2, upon which the benefits were enshrined

to be allocated through specific figures depending on the contributory situation of each

combatant, particularly of the special pension supplement and the lifetime addition

of pension.

CHAIR OF THE COUNCIL OF MINISTERS

2

However, in what tange the special situations, in which they included, in particular,

banking, lawyers and solicitors, Article 13 of that diploma has projected to

own regulation the consecration of the benefits to be allocated.

Decorations four years on the publication of Law No. 21/2004 of June 5, matter

carry out its regulations and realize the enlargement and consecration of the benefits

advertised, as well as carry out the necessary helped enhancements, by way of the

repeal of Decree-Law No. 160/2004 of July 2, so as to make the model more

fair and equitable.

Indeed, the experience dictated by the application of Law No. 9/2002, of February 11, and

subsequent regulation, has revealed the existence of sharp discrepancies in the

allocation of the benefits, it appears essential to carry out a rebalancing that allows

a more fair distribution of these benefits.

In this optics, the special pension supplement, provided for and set out in Articles 4 and

5. of the Decree-Law No. 160/2004 of July 2, is now converted into the Figure of the

special pension supplement and applicable to all ex-combatants covered by the Act

n. 9/2002 of February 11 and by Law No. 21/2004 of June 5. This supplement

presents itself stratified on three scales, and allows the correction of the asymmetries

observed in the amounts paid so far.

The figure of the special pension supplement referred to in Article 6 of Law No 9/2002,

of February 11, and Article 6 of the Decree-Law No. 160/2004 of July 2, remains,

however, and only with respect to the beneficiaries of the schemes of the subsystem of

solidarity of social security.

In relation to the figure of the lifetime addition of pension, the values set out or to be defined

regarding the beneficiaries of this pecuniary benefit go through, by this proposal

of law, to be governed by the minimum and maximum limits of the special pension supplement, never

may this benefit be lower than the minimum value nor exceed the maximum value of the value

CHAIR OF THE COUNCIL OF MINISTERS

3

of this supplement.

This proposed law defines, also, unambiguously, that there is no place to the allowance

nor to the reposition, in twelfth, of any of the pecuniary benefits assigned, that if

win always for whole.

It is established, still, the impossibility of accumulation of benefits, fixing the month of

October for the corresponding payments, ending in this way with the degree of

uncertainty that has been remaining as to the date of those payments.

The delivery of the applications is expected to cease to be dependent on time and to clarify

the procedure for the processing of the requirements and the production of the respective effects in the

scope of Law No 9/2002 of February 11 and of Law No. 21/2004 of June 5,

defining the specific competencies and degree of intervention of the various entities

actors in the process.

Finally, it is established that the financial burdens arising from the application of the Act

n ° 9/2002 of February 11, of Law No. 21/2004 of June 5 as well as of the present

proposed law to be supported by the State Budget, seen to be matter that

should not be circumscribed to the Ministry of National Defence, before being a matter of

national interest, the associated recognition of which must be provided by the State

Portuguese.

The hearing was promoted, by the optional title, of the Association of Praers of the Armada and of the

Association of the Reformers and the former Militares/ex-Combatentes Portuguese of France.

They were heard, by the optional title, the Association of Armed Forces Officers, the

National Association of Sargentos, the Association of Military Soldiers in the Reserve and Reform, the League

of the Combatants, the Portuguese Association of Veterans of War, the Association of

Fighters from the Portuguese Overseas, the National Association of Fighters of the

Ultramar, the Association of the Disabled of the Armed Forces, the Association for Support of the

ex-Combatants Victims of War Stress, the National Association of Prisoners of

War, the Portuguese Association of ex-Military Combatants, the Commission of ex-Military Combatants

Portuguese of Luxembourg and the Department of Immigrants of OGBL (Luxembourg),

CHAIR OF THE COUNCIL OF MINISTERS

4

The Trade Unions of the Northern Banks, the Center, the South and the Islands, the Order of Lawyers,

the House of Solicitors and the Personnel Welfare Box of the Portuguese Company

Radio Marconi.

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:

CHAPTER I

General provisions

Article 1.

Subject

This Law regulates the provisions of Law No 9/2002 of February 11 and in the Law

n ° 21/2004 of June 5 and defines the procedures necessary for the allocation of the

benefits arising from the periods of provision of military service under special conditions

of difficulty or danger.

Article 2.

Scope of personal application

The provisions of this Law shall apply to former combatants:

a) Beneficiaries of the previdential social security system;

b) Beneficiaries of the schemes of the security system solidarity subsystem

social;

c) Underwriters or retirees from the General Box of Retirees;

d) Covered by social security systems of member states of the Union

European and too many member states of the European economic area, as well as by

CHAIR OF THE COUNCIL OF MINISTERS

5

Swiss legislation, coordinated by community regulations, yet not

have been beneficiaries of the national social security system;

e) Covered by social security systems of states with which they were

celebrated international instruments that predict the totalization of periods

contributors, as long as they have been beneficiaries of the social security system

national, even if it does not meet the warranty period for access to

pension;

f) Covered by the social protection scheme of banking, beneficiaries of the Box of

Foresight of the Lawyers and Solicitors and the Personal Welfare Fund of the

Portuguese Company of Radio Marconi.

CHAPTER II

Benefits

Article 3.

Effects of the service time count

1-A count of the actual military service time as well as the respective

percentage addition of service addition provided by former combatants under conditions

special difficulty or danger, releva for the purposes of the allocation of the benefits

provided for in this Law, without prejudice to the provisions of own legislation relating to the

effects of the counting of the time of effective military service within the system

previdential of social security.

2-The time of bonified military service counts for the purpose of warranty

same terms as the mandatory military service time.

3-The period of provision of the military service of the former disabled citizens

CHAIR OF THE COUNCIL OF MINISTERS

6

military, referred to in Article 8 of Law No. 9/2002 of February 11, releva to

effects of retirement or retirement, even though that time has been considered for

effects of fixation of the disability pension or extraordinary retirement.

Article 4.

Dispensation of payment of contributions

1-Former combatants who are found to be covered by Law No. 9/2002, 11 of

February, are exempted from the payment of the contributions established under the

Decree-Law No. 311/97 of November 13, in the wording given by the Decree-Law n.

438/99, of October 29.

2-A as of the entry into force of this Law, the counting, under the General Box of

Retirements, effective service time and the respective percentages of

addition, under the Act No. 9/2002 of February 11, is carried out with dispensation from the

payment of quotas.

3-For the purpose of the provisions of the preceding paragraph, they do not reliance on the dismissals of the applicant from the

count after the same has been carried out and the circumstance of the payment of the debt

of ascertained quotas has 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 of

February, awarded to pensioners of the schemes of the solidarity subsystem is a

pecuniary benefit the amount of which corresponds to 3.5% of the value of the social pension by

each year of provision of military service or the twelfth of that value for each month of

service.

2-The special pension supplement is paid, annually, in the month of October,

CHAIR OF THE COUNCIL OF MINISTERS

7

corresponding to 14 mensalities.

Article 6.

Lifetime addition of pension

The lifetime addition of pension, provided for in Article 7 of Law No 9/2002, of 11 of

February, is a pecuniary benefit of an indemnifying nature attributed to the former

combatants:

a) Pensioners of the previdential social security system that have carried out the

payment of contributions under the Decree-Law No. 311/97, of 13 of

November, in the wording given by the Decree-Law No. 438/99 of October 29;

b) Pensioners of the General Box of Retirees who have provided military service

under special conditions of difficulty or danger pursuant to Rule 6 of the

Decree-Law No. 28404, of December 31, 1937, and too much legislation

supplemental, and whose count, prior or final, has been carried out until July 2

of 2004 or, subsequently, upon payment of the respective quotas or

contributions.

Article 7.

Calculation of the lifetime addition of pension

1-The monthly stipend of pension is calculated by the following formula:

AV = Coefficient actuarial x C

2-For effect in the preceding paragraph shall be deemed to be:

AV-extra lifetime monthly pension;

Actuarial coefficient-Corresponding to the age of the beneficiary on January 1, 2004,

for former pensioner fighters on July 3, 2004, or on the date of the start of the

pension, for the remaining situations, as per the table in attachment to this law and that it does

an integral part;

C-corresponds, within the scope of social security, to the amount of the contributions paid to the

CHAIR OF THE COUNCIL OF MINISTERS

8

shelter of the Decree-Law No. 311/97 of November 13, duly updated, in the

terms of the Decree-Law No. 187/2007 of May 10;

C-corresponds, within the framework of the CGA, to the part to be borne by the State of the amount that would be

due to the counting, on the date to which the start of the right to the lifetime addition of

pension, from the bonification of the military service time provided under special conditions of

difficulty or danger, by application of the rules laid down in the Statute of the

Retirement and on the basis of the pension earned on that date.

3-The annual value of the lifetime addition of pension has by limit the minimum and maximum value

of the special pension supplement.

4-The lifetime addition of pension is paid, annually, in the month of October,

corresponding to 12 mensalities.

Article 8.

Special pension supplement

1-The bonified service time releva for pension formation rate effects

through the allocation of the special pension supplement.

2-The amount of the special pension supplement is calculated as a function of the time of

military service provided under special conditions of difficulty or danger.

3-Are beneficiaries of this provision the former combatants of disability or disability

old age, retirees or retirees referred to in Article 2 that are not holders of the

benefits mentioned in the previous articles.

4-The annual amount of the special pension supplement is allocated to the former

combatants in accordance with the following criteria:

a) € 75 to those who hold a service-time bonus up to 11 months;

b) € 100 to those who hold a service-time bonus between 12 and 23 months;

c) € 150 to those who hold a service-time bonus equal to or greater than

CHAIR OF THE COUNCIL OF MINISTERS

9

24 months.

5-The special supplement is paid, annually, in the month of October.

Article 9.

Accumulation

1-The benefits deriving from Law No. 9/2002 of February 11 and Law No. 21/2004,

of June 5, as well as of this Law are not accumulative of each other.

2-The benefits provided for in this Law are accumulative with any other benefits

that the former combatant has or comes to be entitled.

Article 10.

Update

The benefits provided for in this Law are updated annually in accordance with the

indicators provided for in Article 5 of Law No 53-B/2006 of December 29, in the following

terms:

a) The special pension supplement and the special pension supplement, with effect

from the January 1;

b) The lifetime addition of pension, to the extent necessary for the respect of the value

minimum set out in Article 7 (3) of this Law.

Article 11.

Access to the national health service

The benefits assigned under this Law shall not be relevant for the purposes of the application of the

exemption regime from the moderating rates of access to health care within the framework of the

National Health Service.

CHAIR OF THE COUNCIL OF MINISTERS

10

CHAPTER III

Processing and administration

Article 12.

Attribution

1-The right to the benefits provided for in this Law depends on the former combatant, à

date of your due:

a) Be holder of disability pension or old age or retirement pension, save when you are

in cause the count of the effective service time and the respective percentages

of addition with dispensation of the payment of contributions or quotas;

b) Have submitted application for the allocation of the benefits provided for in this

law, under the Act No. 9/2002 of February 11, or of Law No. 21/2004, 5 of

June, and supplementary legislation.

2-The recognition of the right to the counting, prior or final, of the time of military service

with dispensation of the payment of quotas or contributions, as well as the remaining

benefits provided for in this Law, may not precede the certification of the time of

effective military service and bonified by the Ministry of National Defence.

3-For the purposes of determining the right to the special pension supplement to the

beneficiaries provided for in points d) and e) of Article 2 (1) of this Law, presumes-

if the situation of old-age pensioner from the age of 65, save if

proven the status of pensioner through document issued by the respective

pension processer.

4-A bonification of the time count provided for in Article 3 of Law No. 9/2002, 11 of

February, applies to surviving spouses, survivor pensioners of the old

combatants.

CHAIR OF THE COUNCIL OF MINISTERS

11

5-The right to pecuniary benefits provided for in this Law to be won, by whole, on the day

1 of the month of October.

Article 13.

Time count of service

The time of military service provided under conditions of difficulty or danger to which it relates

the Law No. 9/2002 of February 11 and the Law No. 21/2004 of June 5 is counted in the

terms set out in Article 6 of the Decree-Law No. 28404 of December 31, 1937, and

too much supplemental legislation.

Article 14.

Competent entities

1-A The certification of effective and bonified military service time is carried out in the

sequence of the submission of the application provided for in the preceding article and compete with the

Ministry of National Defence.

2-Compete to the Directorate General of Personnel and Military Recruitment of the Ministry of Defence

National, integrate, manage and consolidate the data set out in the requirements and the

certifications of military service time and refer the same to the responsible entity

for the recognition of the respective benefits.

3-The constant elements of the applications of the former combatants and the data

collected by the branches of the Armed Forces are integrated into the database of the

former fighters of the Ministry of National Defence.

4-The recognition of the right to benefits and payment of pecuniary benefits

provided for in this Law shall compete:

a) To the General Box of Retirements regarding the former combatants covered

by the social protection regime of the civil service;

b) To the Welfare Box of Lawyers and Solicitors, to the Welfare Box of the

CHAIR OF THE COUNCIL OF MINISTERS

12

Staff of the Portuguese Company of Radio Marconi, or the managing entities of the

social protection system of banking workers, for the old

combatants receiving beneficiaries from each of the schemes managed by these entities;

c) To the Institute of Social Security, I. P., relatively to the remaining former

combatants.

Article 15.

Application

The requests for the time of military service time for the purposes of assigning the

benefits provided for in this Law may be presented at all time.

CHAPTER IV

Supplementary, final and transitional provisions

Article 16.

Satisfaction of charges

The financing of charges arising from the application of Law No. 9/2002, 11 of

February, of the Decree-Law No. 160/2004 of July 2 and of Law No 21/2004 of June 5,

as well as of this Law, is supported by the State Budget, with the exception of

relating to the period prior to the entry into force of this Law which are the responsibility

of the Ministry of National Defence, through the Law of Infrastructure Programming

Military.

Article 17.

Transitional provisions

1-Military service time count requests for retirement effects or

reform, for the allocation of the benefits provided for in this Law, carried out by former

combatants covered by Law No. 9/2002 of February 11 and by Law No. 21/2004,

CHAIR OF THE COUNCIL OF MINISTERS

13

of June 5, which gave entry to the legally determined deadlines, are considered,

for all the effects, as presented on December 31, 2002, not to

place, under no circumstances, to the recognition of rights in respect of

period prior to January 1, 2004.

2-Military service time count requests for retirement effects or

reform, for the allocation of the benefits provided for in this Law, carried out by former

combatants covered by Law No 9/2002 of February 11 and by Law No. 21/2004,

of June 5, which gave entry in addition to the legally determined deadlines,

consider themselves, for all purposes, as presented on January 1, 2008, not

taking place, under no circumstances, to the recognition of rights relatively

the period prior to that date.

3-Considerate as legally determined deadlines, for the purposes of the provisions of the

previous figures, those set out in Article 9 (1) of Law No 9/2002 of 11 of

February, in the wording given by the Decree-Law No. 303/2002 of December 13, and in the

n Article 2 (1) of Law No 21/2004 of June 5.

Article 18.

Execution

The application forms as well as the procedures necessary for the implementation of the

present law shall be approved by joint porterie of the responsible Government members

by the areas of finance, national defence and labour and social solidarity.

Article 19.

Abrogation standard

They are revoked:

a) Article 4 of Law n 107-B/2003 of December 31;

b) The Decree-Law No 303/2002 of December 13;

c) The Decree-Law No 160/2004 of July 2;

CHAIR OF THE COUNCIL OF MINISTERS

14

d) The Portaria No. 141-A/2002 of February 13;

e) The Portaria No. 1033-HQ/2004 of August 10;

f) The Portaria No. 1307/2004 of October 13;

g) The Portaria No. 167/2005 of February 1.

Article 20.

Remission

The legal references made for provisions contained in the diplomas subject to

revocation by this Law understand to be made for the corresponding provisions of this

law.

Article 21.

Conversion

1-Special pension complements awarded under the provisions of Articles 4.

and 5. of the Decree-Law No. 160/2004 of July 2 are converted into the supplement

pension special provided for in Article 8º of this Law.

2-Article 7 (3) of this Law shall apply to the accruals of pension vicalys

assigned under the provisions of Article 7 of the Decree-Law No. 160/2004, 2 of

July.

Article 22.

Entry into force

This Law shall come into force with the State Budget Act concerning the year

economic following that of its publication.

CHAIR OF THE COUNCIL OF MINISTERS

15

Seen and approved in Council of Ministers of July 24, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

16

ANNEX

Actuarial coefficients for calculation of the lifetime addition of pension

(referred to in Article 7)

45........................................................... 0.003 to 225

46........................................................... 0.003 to 281

47........................................................... 0.003 to 340

48........................................................... 0.003 to 402

49........................................................... 0.003 to 468

50........................................................... 0.003 to 537

51........................................................... 0.003 to 609

52........................................................... 0.003 to 685

53........................................................... 0.003 to 766

54........................................................... 0.003 to 851

55........................................................... 0.003 to 941

56........................................................... 0.004 to 038

57........................................................... 0.004 to 139

58........................................................... 0.004 to 248

59........................................................... 0.004 to 363

60........................................................... 0.004 to 486

61........................................................... 0.004 to 618

62........................................................... 0.004 to 760

63........................................................... 0.004 911

CHAIR OF THE COUNCIL OF MINISTERS

17

64........................................................... 0.005 to 075

65........................................................... 0.005 to 251

66........................................................... 0.005 to 442

67........................................................... 0.005 to 649

68........................................................... 0.005 to 874

69........................................................... 0.006 to 117

70........................................................... 0.006 to 381

71........................................................... 0.006 to 669

72........................................................... 0.006 to 983

73........................................................... 0.007 to 327

74........................................................... 0.007 to 703

75........................................................... 0.008 to 115

76........................................................... 0.008 to 567

77........................................................... 0.009 to 066

78........................................................... 0.009 to 615

79........................................................... 0.010 to 217

80........................................................... 0.010 to 875