“The current interpretation’s continuation means unfairly limiting access and pension values, undermining the protection of workers with contributory careers across different systems,” states the Ombudsperson’s office, which sent a letter to the Chairman of the Board of ISS expressing its disagreement.
The issue concerns the interpretation by ISS and the Directorate-General for Social Security (DGSS), which require a minimum of 12 months of contributions in the Social Security system for unified pension eligibility (granted in cases of contributions to both the Social Security system and the Caixa Geral de Aposentações).
According to the Ombudsperson, “this requirement does not result from the law, but from a ministerial order,” which it emphasizes is a “legal instrument without force to create or restrict rights compared to higher-ranking legal regulations.”
Thus, it argues, “the practice followed by Social Security contradicts the unified pension regime.”
In this context, the Ombudsperson recommended to ISS “that it changes its stance” and begins considering, for totalization purposes, “all periods with recorded remuneration not overlapping within the Social Security system, even if less than 12 months.”
