Instituto da Segurança Social, I.P. - Centro Nacional de Pensões Direcção-Geral da Segurança Social
The old age pension is a monthly cash benefit designed to protect the insured persons covered by the social security general scheme when they reach the minimum age legally presumed to be the suitable age to stop carrying on an occupational activity.
QUALIFYING CONDITIONS
The insured person is entitled to an old age pension if he/she has both:
- Fulfilled the required qualifying period, and
- Completed 65 years of age, without prejudice to special schemes and measures concerning the pensionable age anticipation set down by law.
Qualifying period – 15 continuous or non-continuous qualifying calendar years with earnings registration.
FULFILMENT OF THE QUALIFYING PERIOD
As from 01/01/1994, a qualifying calendar year corresponds to:
- One calendar year, provided that there are 120 or more continuous or non-continuous days with earnings registration - earnings from effective work or equivalent situations - (contributory density);
- The sparse days of the calendar years with less than 120 days with earnings registration may be aggregated to complete a single qualifying calendar year;
- Whenever the number of days registered in a certain calendar year (considered individually or aggregated with others) is more than 120, the exceeding number of days is not taken into account to complete another qualifying calendar year.
For pension granting purposes there are other qualifying periods (completed under legislation previously in force) which are considered.
In what concerns insurance periods completed before 1994, each period of 12 months with earnings registration corresponds to one qualifying calendar year whenever the insured person did not complete the required qualifying period under previous legislation.
The qualifying period may be fulfilled by aggregating insurance periods completed under other domestic or foreign social protection schemes, provided that there is at least 1 calendar year with earnings registration completed under the general scheme.
RENDERING PENSIONABLE AGE FLEXIBLE
Rendering pensionable age flexible means that the insured person has the right to claim the pension before or after completing 65 years of age.
Anticipated old age pension
The old age pension may be claimed before 65 years of age, provided that the insured person has completed both:
- The minimum age of 55 years and
- 30 calendar years with earnings registration (up to 55 years of age).
Pension increase
The old age pension may be increased:
When claimed after 65 years of age
If the insured person claims the old age pension when he/she is older than 65 years and has at least 15 calendar years with earnings registration in the general scheme, the pension will be increased by applying a monthly rate to the number of months of effective work completed between the month when he/she reaches 65 years of age and the month of pension beginning. For pension increase purposes the working age limit is 70.
The monthly increase rate varies according to the number of calendar years with insurance periods completed by the person concerned until the date of pension beginning, as follows:
When claimed before 65 years of age
If the insured person meets the requirements to claim anticipated old age pension without being applied any reduction factor and if he/she does not claim it, the pension will be increased by applying a monthly rate to the number of months with earnings registration due to effective work completed between the month where those requirements were met and the month when he/she reaches 65 years of age or the month of pension beginning if this occurs before that age.
In both situations, the amount of the pension increase cannot be higher than 92% of the best reference earnings out of the reference earnings on which the pension calculation was based.
OTHER SCHEMES OF PENSIONABLE AGE ANTICIPATION
The pensionable age can also be anticipated in the following situations, provided for in appropriate legislation:
- Specially hard or damaging occupational activities;
- Specific protective measures towards occupational activities or companies, due to economic reasons, and
- Long term involuntary unemployment .
PENSION AMOUNT AND ITS CALCULATION
The pension calculation is based on the insurance periods completed by the person concerned.
As from 01/01/2008 it will be applied the sustainability factor to the situations shown in the attached document on the calculation rules.
The old age pension may be cumulated with earnings except for the old age pension resulting from the conversion of a total invalidity pension.
In the case of an anticipated pension granted within the scope for rendering pensionable age flexible, the pension cannot be cumulated during the three years following the date of pension beginning, if the person’s income results from being gainfully employed or pursuing any activity in the same company or group of companies where he/she had worked before the pension began.(*)
The employer or the entity to whom the person works or renders service is held jointly and severally liable for the restitution of the unduly paid benefits, provided that they are aware of the situation.
(*) If the pensioner does not comply with these rules, the entitlement to the pension will be lost as long as the infringement lasts and the pensioner will be compelled to return the unduly paid benefits as well as to pay the respective fine.
With other pensions
The invalidity and old age pensions of the general scheme may be cumulated with pensions of the following mandatory social protection schemes:
- Special schemes of the social security system;
- Civil servants’ schemes;
- Former overseas civil servants’ scheme;
- Lawyers’ and solicitors’ scheme;
- Scheme of the Portuguese Radio Marconi Company staff;
- Social protection scheme established in the collective labour regulation of Bank employees;
- Protection schemes for work accident and occupational diseases contingencies;
- Schemes of foreign social security systems.
The invalidity and old age pensions of the general scheme may be freely cumulated with pensions granted under optional social protection schemes.
When the insured person has completed consecutive periods with earnings registration both in the general scheme and in the voluntary social insurance scheme, it is paid a single pension. That is the reason why this situation is not considered as pension cumulation.
CLAIM SUBMISSION
The old age pension claim may be submitted:
- Through the on-line service Segurança Social Directa available in this site, or
- At the advisory services of the Centro Distrital de Segurança Social of the insured person’s place of residence, or of the Centro Nacional de Pensões.
If the insured person lives abroad, the pension claim may be submitted through the on-line service Segurança Social Directa, at the institutions designated for that purpose in the applicable international legislation, or at the Centro Nacional de Pensões.
The claim form (on paper) must be submitted after having been completed and signed. The claimant must attach the evidence asked for in it. The claim form can be obtained:
-Right here , by printing or downloading, or
- At the social security institutions.
The claim may be submitted up to three months before the date the insured person chooses to start receiving the pension.