A flaw in the way Social Security calculates unified pensions could be reducing the retirement money of thousands of Portuguese people. The complaint came from the Ombudsman’s Office, which considers that the method currently used violates the law and harms those who paid for more than one contributory scheme.
According to Notícias ao Minuto, the Ombudsman contests the formula used by the Social Security Institute (ISS) to calculate the so-called unified pensions: benefits attributed to workers who contributed to both Social Security and Caixa Geral de Aposentações (CGA).
The body considers that the current practice “unfairly limits access to and value of pensions”, harming citizens with careers spread across different contributory schemes.
Provider warns of legal error
The controversy centers on the requirement, made by the ISS and the Directorate-General for Social Security (DGSS), of a minimum of 12 months of discounts under the Social Security regime to grant the unified pension.
According to Notícias ao Minuto, the Ombudsman argues that this condition “does not result from the law”, but rather from a ministerial order that “has no legal force” to create or restrict rights provided for in higher-ranking legal documents.
In practice, this interpretation prevents workers with less than one year of Social Security deductions from having valid contribution periods recognized, which can significantly reduce the final value of the pension.
“Practice contrary to the legal regime”
The Ombudsman’s Office considers that the practice followed by Social Security “contradicts the unified pension regime” and, therefore, recommended that the ISS change its position. The organization argues that “all periods with non-overlapping remuneration records” should be counted, even if less than 12 months, to ensure fair application and in accordance with the law.
According to the publication, this recommendation aims to ensure that no worker is penalized for having divided their career between the public and private sectors, something increasingly common in recent decades.
The impact on pensioners
The practical consequence of this divergence can be serious: citizens who worked under different regimes run the risk of receiving a lower pension than they would otherwise be entitled to.
According to , the Ombudsman considers that maintaining this interpretation “puts citizens’ trust at risk” and undermines the principle of equal access to social protection.
Provider calls for urgent change
The body led by Maria Lúcia Amaral formally requested the president of the ISS to review the calculation method and for the Ministry of Labor, Solidarity and Social Security to clarify the legal framework. Correction, he states, is essential to restore justice and transparency to the system.
In short, the Ombudsman leaves a clear warning: the current interpretation of Social Security could be costing pensioners and workers about to retire money. Until the official position changes, the error continues to weigh heavily on the pockets of those who have worked their entire lives under different regimes.
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