Long careers. Ombudsman Office questions the Government on the application of the early retirement regime


The Ombudsman’s Office sent a letter to the Secretary of State for Social Security in which it questions the restrictive manner in which the Civil Servants Pension Scheme (CGA) is applying the rules of access to early retirement for long contributory careers (46 years).

For the purposes of access to this form of early retirement, the CGA has been demanding that enrolment in the aforementioned social protection regimes has effectively taken place at the age of 16 or at an earlier age, notwithstanding the fact that the contribution career of the interested parties dates back to that age, after regularisation made a posteriori, with the CGA having received payment of the respective contributions from the interested parties.

In view of the complaints received and given that the aforementioned early retirement regime was clearly intended to protect workers who began their professional activity particularly early, the Ombudsman’s Office requested the Secretary of State for Social Security to clarify in a clear and unequivocal manner, how the CGA should interpret article 37º-B, no. 1, paragraph b) of the Retirement Statute.

In the official letter sent, the Ombudsman’s Office emphasized that the lack of registration of the majority of cases submitted to it at the CGA is imputable to the State (in particular, to its employing services) which did not regularize their situation in due time, as it should have done. On the other hand, the understanding adopted by the CGA goes against the principle of convergence of regimes, unfairly discriminating the respective subscribers vis-à-vis the beneficiaries of the general regime, to whom the National Pensions Centre has rightly ensured access to this type of early pension.

To read the letter sent to the Secretary of State for Social Security, click here [in Portuguese only].

2021-12-07