Pension Funds/Opinions/Pensions and benefits

Pre-retirement benefit and payment of extraordinary amounts

     
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1. In situations of pre-retirement financed through pension funds, it is necessary to distinguish those that depend on the agreement of the member from those in which the participants acquire the right to the benefit regardless of the agreement of the member. In the latter case, the respective calculation formula must be defined, on the one hand, under penalty of emptying the useful meaning of what is meant by "pension plan", for the purposes of article 2 a) of Decree-Law no. 12/2006, of 20 January, and, on the other hand, for the reason underlying the formality of these legal transactions, i.e., the protection of long-term legal situations.
On the contrary, when the member's agreement is required for the granting of the pre-retirement benefit, given that this benefit is dependent on his will, it does not seem necessary to stipulate the form of its calculation as long as extraordinary contributions are foreseen for its fulfilment, since not only is there not even a true expectation of the members to receive it, but also the risk of underfinancing of the pension fund does not arise.

2. The possibility of making extraordinary payments to beneficiaries, directly through pension funds, conflicts with the form of payment of the benefits financed through these financing vehicles, since it is only possible to redeem the pension in capital at the specific moment of the beginning of its payment, under the terms stipulated in no. 1 of article 8 of Decree-Law no. 12/2006.

 

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