Despacho normativo n.º 169/84, de 29 de Novembro de 1984
Despacho Normativo n.º 169/84 O artigo 5.º do Decreto Regulamentar n.º 60/82, de 15 de Setembro, determina no seu n.º 1 que a atribuição das pensões aos beneficiários já inscritos à data da entrada em vigor do referido diploma continua a depender das condições em vigor à data da sua publicação.
O n.º 2 do mesmo artigo dispõe que a aplicação do n.º 1 cessa para todos os efeitos em 30 de Setembro de 1984 quanto às pensões de invalidez e em 30 de Setembro de 1987 quanto às pensões de velhice.
Relativamente ao sentido exacto deste último dispositivo surgiram, no entanto, algumas dúvidas que importa esclarecer e que dizem respeito aos casos em que os beneficiários, nas datas em referência, tenham já cumprido os prazos de garantia, mas sem que se encontrem nas restantes condições para a atribuição dos benefícios em causa.
Ora, atendendo a que o Decreto Regulamentar n.º 60/82 apenas altera as condições de atribuição das pensões de invalidez e velhice no que se refere a prazos de garantia, e tendo presente o princípio, que sempre tem vindo a ser seguido e que é expressamente reafirmado no artigo 23.º da Lei n.º 28/84, de 14 de Agosto - Lei da Segurança Social -, de salvaguarda dos direitos adquiridos e em formação, a interpretação a dar ao citado n.º 2 do artigo 5.º do Decreto Regulamentar n.º 60/82 não pode ser outra que não seja a de considerar cumpridos...
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