TC declares unconstitutional standard limiting return CGA officials

TC declares unconstitutional standard limiting return CGA officials

The Constitutional Court declared unconstitutional a standard that limited the return of civil servants to the General Pensions Box (CGA), paving the way for the re-registration of about 9,000 workers, according to Fesap.

© Lusa


29/10/2026
by

Lusa

O ruling of the Constitutional Court which declared unconstitutional the rule limiting the return of civil servants to the General Pensions Box (CGA) opens the door to the reintegration of 9,000 workers, has today advanced to Fesap.

 

This is a judgment of the Constitutional Court (TC) which declared unconstitutional the standard introduced in 2024 limiting the return of workers to the CGA who left after 1 January 2006.

Since then, according to a decision published in Diário de República on Tuesday, civil servants whose bond ceased after January 1, 2006 and was restored until December 27, 2024 have their situation safeguarded.

“ With this judgment, it is guaranteed that all workers who have been enrolled in the CGA until 31 December 2005 are entitled to their re-registration, provided that they are currently in charge of public functions”, the Federation of Trade Unions of Public Administration and Entities with Public Purposes (Fesap), in a statement released today.

According to the trade union structure led by Joseph Abraham, this decision opens “the possibility of re-entering the CGA to about 9,000 workers to whom this right had been denied”.

“ The respective requests, previously rejected, will be reviewed by the CGA, without the need for intervention of the worker or the employer”, adds Fesap, stressing that “there are cases where the applications were not submitted to the CGA because the employers were sure they would be rejected”.

In this sense, the trade union structure alerts workers who must check with their employer whether their application has been filed or not.

“ Workers who, if they may be re-registered, have not applied for re-registration with their employers, i.e. who do not have any application submitted to the CGA, should address themselves to their employer to that effect.”.

Fesap also points out that “access to more favourable conditions in the payment of social benefits, such as sickness benefit, among others, is at stake”.

“ The workers who were denied a right to assist them and who, for this reason, were harmed in the payment of these benefits should be compensated for the difference between the values they received and those to which they would be entitled if they were registered in the CGA ", remata.

On Monday, Labor Minister Rosário Palma Ramalho assured Parliament that “the government will comply with the judgment of the Constitutional Court”.

Pension error: CGA pensioners will receive less by next month

After admitting an error in processing the amounts of some pensions, the General Pensions Fund (CGA) is already notifying pensioners of the new value of their retirement. On average, they will receive less than 93 euros, as already reported.

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