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Imposing A Special Retirement Pension Scheme For Educators And Teachers Of The First Cycle Of Basic Education Of Public Education In Monodocência Scheme That Concluded The Course Of Primary Teacher Training And Childhood Education In 1975 And 1976

Original Language Title: Institui um regime especial de aposentação para educadores de infância e professores do 1.º ciclo do ensino básico do ensino público em regime de monodocência que concluíram o curso de Magistério Primário e de Educação de Infância em 1975 e 1976

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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

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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

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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.

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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,

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