Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 211 /XII
PL 10/2014
2014.03.13
Exhibition of Motives
The Judgment of the Constitutional Court No 862/2013 of January 7 pronounced itself by the
unconstitutionality of the points a ), b ), c ) and d ) of Article 7 (1) of the Decree of
Assembly of the Republic No. 187 /XII, which resulted from a Proposal for a Government Act,
that established a set of mechanisms of convergence of social protection.
In the face of this decision of the Constitutional Court, taking into account the unbeatable level
of public expenditure currently supported by the state with the public pension system, the
Government has been forced to approve a set of substitutive measures to comply
the objectives and targets of a budgetary nature to which we are bound, in the
terms of the Economic and Financial Assistance Program.
These measures are the broadening of the objective scope of the Extraordinary Contribution of
Solidarity (CES) to upstream pensions from € 1000, with the consequent
readjustment of the respective scope of the application with regard to the universe of
pensioners covered, as it was materialized in the law that proceeds to the first
amendment to the Law No. 83-C/2013 of December 31, 2013 (State Budget for
2014), however already promulgated.
Complementarily, in order to fill the budget problem created without downloading from the
€ 1000 in the application of the said ESC, it is necessary to approve the anticipation of the scheme of
self-financing of social protection subsystems in the scope of health care, which
it was already planned to invigorate from the year 2016.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law n.
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This proposed law thus seeks to make the amendment to the Decree Law No. 118/83, of
February 27, to Decree-Law No. 158/2005, of September 20, and to the Decree-Law
n ° 167/2005 of September 23 in the sense of modifying the value of the discounts to be made
by the beneficiaries holding for the social protection subsystems in the scope of care
of health, concretely from the Directorate General of Social Protection to the Workers in
Public functions (ADSE), of the Assistance Services in Disease (SAD) and Assistance
in the Disease to the Military of the Armed Forces (ADM).
The changes contained in this proposed law are aimed at that the protection subsystems
social in the scope of health care are self-financed, that is, assents in the
contributions from its beneficiaries, contributing, as well, to its
self-sustainability in the medium and long term.
The hearing of the professional associations of military, of the associations, was promoted
Socio-professionals of the Republican National Guard and the Police union associations
of Public Security.
The procedures stemming from Law No. 23/98 of May 26 were observed.
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, with a request for priority and urgency:
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law n.
3
Article 1.
Object
This Law proceeds to the eleventh amendment to the Decree-Law No. 118/83, 27 of
February, the third amendment to Decree-Law No. 158/2005 of September 20 and to the third
amendment to Decree-Law No. 167/2005 of September 23, modifying the value of the
discounts to be made by the beneficiaries holders for the social protection subsystems in the
scope of health care, concretely from the Directorate General of Social Protection to the
Workers in Public Roles (ADSE), from Assistance Services in Disease
(SAD) and Assistance in Disease to Armed Forces Servicemen (ADM).
Article 2.
Amendment to Decree-Law No 118/83 of February 25
Articles 46 and 47 of the Decree-Law No. 118/83 of February 27, pass to
next essay:
" Article 46.
[...]
The base remuneration of the holders of the holders shall be subject to the discount of
3.50% pursuant to Article 8 (1) of the Law No 53-D/2006 of 29 of
December, amended by Law No. 3-B/2010, of April 28, and by the Decrees-Laws
n. ºs 29-A/2011, of March 1, and 105/2013, of July 30.
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law n.
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Article 47.
[...]
1-The retirement and retirement pensions of the titular beneficiaries, when
your amount is higher than the value corresponding to the minimum consideration
monthly guaranteed, stay subject to the 3.50% discount.
2-[...]. "
Article 3.
Amendment to Decree-Law No 158/2005 of September 20
Article 24 of the Decree-Law No. 158/2005 of September 20, amended by the Law
n 53-D/2006 of December 29 and by the Decree-Law No. 105/2013 of July 30, passes
to have the following essay:
" Article 24.
[...]
1-A base remuneration of the beneficial holders, in the asset, in the reserve and in the
pre-retirement, and of the extraordinary beneficiaries, shall be subject to the discount
of 3.50%.
2-The retirement and retirement pensions of the titular beneficiaries and
extraordinary, when your amount is equal to or greater than the value
corresponding to one-and-a-half times the guaranteed monthly minimum consideration,
are immediately subject to the 3.50% discount.
3-[...].
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Proposed Law n.
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4-[...].
5-[...]. "
Article 4.
Amendment to Decree-Law No 167/2005 of September 23
Article 13 of the Decree-Law No. 167/2005 of September 23, amended by the Law
n 53-D/2006 of December 29 and by the Decree-Law No. 105/2013 of July 30, passes
to have the following essay:
" Article 13.
[...]
1-A basic remuneration of the beneficial holders, in the asset, in the reserve or in the
pre-retirement, and of the extraordinary beneficiaries, shall be subject to the discount
of 3.50%.
2-The retirement and retirement pensions of the titular beneficiaries and
extraordinary, when your amount is equal to or greater than the value
corresponding to one-and-a-half times the guaranteed monthly minimum consideration,
are immediately subject to the 3.50% discount.
3-[...].
4-[...].
5-[...]. "
CHAIR OF THE COUNCIL OF MINISTERS
Proposed Law n.
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Article 5.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of March 13, 2014
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs