April 16, 2021

Portuguese officials can already pre-retire from 55 years with 100% of their salary

Portuguese officials can already pre-retire from 55 years with 100% of their salary


From now on, Portuguese officials can take advantage of the pre-retirement formula from the age of 55 with the right intact to receive until the 100% of the salary they had assigned. This is reflected in the General Labor Law of the Public Service, promulgated by the president, Marcelo Rebelo de Sousa, on January 29 and published in the Diario de la República on Wednesday, February 6.

Therefore, this measure has just come into force, affecting in a first phase a about 130,000 workers, at least potentially since they are cases that must be agreed in advance, of course.

But it is also that the rule authorizes employees to develop another activity equally remunerated, provided that the rules of incompatibility are respected.

This circumstance means that professionals who sign up for the new plan can not practice in a sector "with content identical to that of the public function" because that hypothetical similarity would enter into "conflict with their accumulated work". Moreover, this new facet can not at any time cause "harm" to the public interest.

However, experts believe that workers can accumulate «exactly the same» that before early retirement. Of course, university professors or doctors are in a more advantageous position because they are able to benefit from "special accumulation regimes".

Precisely, the latter constitutes one of the most controversial aspects of the decree-law, although Portugal expects a veritable avalanche of requests to be part of such a program.

The main objectives are summarized in three, roughly: reconcile the professional and personal life of workers, promote a good environment for the performance of each profession in the common area and improve public management.

The legal text establishes that the remuneration to be received can not exceed the base salary that the person in question receives and, for the lower part, can not be specified as less than 25% of the total.

The annual increase of the agreed amount will be made automatically, according to the Consumer Price Index. Consequently, it is the same rise that each person would enjoy continuing in the "full exercise of their functions", according to the legal language used. At all times, prior authorization from the Ministry of Finance is required, expressed in writing. A fact that has fueled the controversy surrounding the matter in Portugal.


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