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The Eleventh Amendment To Decree-Law No. 118/83, Of 25 February, And The Third Amendment To Decree-Laws Nos. 158/2005 Of 20 September 2005, 167/september 23, Modifying The Value Of The Discounts To Perform For The Subsystems Of

Original Language Title: Procede à décima primeira alteração ao Decreto-Lei n.º 118/83, de 25 de fevereiro, e à terceira alteração aos Decretos-Leis n.ºs 158/2005, de 20 de setembro, e 167/2005, de 23 de setembro, modificando o valor dos descontos a efetuar para os subsistemas de

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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.

2

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.

4

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-[...].

CHAIR OF THE COUNCIL OF MINISTERS

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.

6

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