On Friday, the Ombudsman challenged the calculation formula used by the ISS to determine unified pensions, arguing that it “unjustly” restricts access and the value of these benefits, to the detriment of citizens.
Responding to questions posed by Lusa, the ISS initially stated that the institute and “the General Directorate of Social Security have a different understanding from the Ombudsman regarding the calculation formula used by the ISS to determine unified pensions,” noting that “now a comprehensive study has been requested on the matter by the oversight bodies.”
The ISS emphasizes the “value of its institutional relationship with the Ombudsman, characterized by transparency, cooperation, and mutual respect,” and assures that all correspondence received “receives the best attention and response.”
According to the Ombudsman, “maintaining the current interpretation means unjustly limiting access and the value of pensions, thus undermining the protection of workers with contributory careers spread across different regimes,” which led to an official communication to the president of the ISS’s Board, expressing disagreement.
At issue is the interpretation by the ISS and the General Directorate of Social Security (DGSS) that requires a minimum of 12 months of contributions to the Social Security regime for the awarding of a unified pension (granted in cases of contributions to both regimes — Social Security and Caixa Geral de Aposentações).
The Ombudsman argues that “this requirement does not arise from the law but from a ministerial directive,” which it highlights as a “legal instrument without the power to create or restrict rights under higher-ranking legal statutes.”
Thus, it argues, “the practice followed by Social Security contradicts the unified pension regime.”
In this context, the Ombudsman recommended that the ISS “change its position” and start considering, for purposes of totalization, “all periods with non-overlapping remuneration records within the Social Security scope, even if they are less than 12 months.”
