Key Benefits:
ASSEMBLY OF THE REPUBLIC
1
DRAFT LAW NO. 663 /X
ESTABLISHING A SPECIAL SCHEME FOR RETIREMENT FOR EDUCATORS OF
CHILDHOOD AND TEACHERS OF THE 1-CYCLE OF ELEMENTARY SCHOOL EDUCATION
PUBLIC IN MONOLECTION REGIME THAT HAVE COMPLETED THE COURSE OF
PRIMARY MYSTERY AND EARLY CHILDHOOD EDUCATION IN 1975 AND 1976
Exhibition of Motives
The Decree-Law No. 229/2005 of December 29, arises framed by a
set of measures to strengthen the convergence between the underwriters of the
General Box of Retirees and Social Security taxpayers and to guarantee the
sustainability of social protection systems.
The convergence effort of the special retiming schemes between themselves and the
regime applicable to the generality of the underwriters of the General Box of Retirees
present in the new legislation has not ceased to privilege, yet, a transition
gradual and harmonious that would allow to respect legitimate expectations of those
which are found to be covered.
Thus, in the case of early childhood educators and teachers of the 1 th cycle
basic education of public education in monofaculty scheme, which at the date of
transition to the new career structure had 14 or more years of service,
both the Decree-Law 139-A/90 of April 28, as the Decree-Law 1/98, of 2 of
January, where the Career Status of Childcare Educators and of the
Teachers of the Basic and Secondary Teaches, instituted a special scheme of
ASSEMBLY OF THE REPUBLIC
2
retirement upon which, the visors, could retire, with pension by
whole, with 32 years of service and at least 52 years of age.
Now, this special scheme of retirement has justified that, in the framework of the
Decree-Law No. 229/2005 of December 29, if it did provide for a regime
transitory that established, for the early childhood educators and the teachers of the
1. cycle of the basic education of public education, in monolection scheme, the
possibility of retirement " by December 31, 2010, provided that, possessing 13
or more years of faculty service at the date of transition to the new structure of
career, have at least 52 years of age and 32 years of service, considering,
for pension calculation, as a full career of 32 years of service ".
However, this transitional arrangement did not consider the special context
history lived in the academic years 1975/1976 and 1976/1977, with the return of
a significant number of professors from the former colonies (integrated into the nominee
general framework of adides) and the consequent exceptional change in the regime of
placement of teachers. That is, by virtue of the mandatory placement of the
teachers returned from the former colonies, many teachers saw postponed the start
of his career and thus have been penalised in the count of years of service
for the purposes of this special retirement scheme.
Such a situation has thus caused large disparities, as for the regimes of
retiming, allowing teachers of the same year course to be
benefited by difference of months.
Thus, upon the present legislative initiative, it is intended to institute a
special retirement scheme for the early childhood educators and teachers of the
1. cycle of basic education that have completed the primary and the course of primary and
ASSEMBLY OF THE REPUBLIC
3
childhood education in 1975 and 1976, correcting, in the framework of the schemes
retiming transients, a situation of inequality arising from
extraordinary circumstances that marked an important period of our
contemporary history.
In these terms, the below-signed Deputies, present, in the terms
applicable constitutional, legal and regimental, the following draft law:
Article 1.
Subject
The present diploma institutes a special scheme of retirement for the
childhood educators and teachers of the 1 th cycle of elementary school education
public, in monolection regime, who have completed the course of the magister
primary and early childhood education in the years 1975 and 1976, which do not
find covered by the provisions of paragraph 7 (b) of Article 5 of the
Decree-Law No. 229/2005 of December 29.
Article 2.
Special retirement scheme
1. The early childhood educators and teachers of the 1-cycle of elementary school education
public in monofaculty covered by this diploma may
retire-if you are at least 57 years of age and 34 years of service,
considering, for the calculation of the pension, as a full career 34 years of
service.
2. For each year of service beyond the age of 34, the minimum age count for
retiming is bonified in 6 months, up to the maximum of 2 years.
ASSEMBLY OF THE REPUBLIC
4
3. Without prejudice to the previous figures, the present retirement may be
early for the 55 years of age, the pension being calculated in the general terms and
reduced by 4.5% of its value for each year of anticipation in relation to age
legal of established retirement.
Article 3.
Entry into force
This Law shall come into force with the State Budget for 2010.
Palace of Saint Benedict, February 17, 2009
The Deputies,
ASSEMBLY OF THE REPUBLIC
5