resorting to the extraordinary legalization provided for in Law No. 23/2007, de 4th of July, since this requires the prior granting of a the social security number. The Ombudsman addressed a remark to the Social Security Institute (ISS, IP), emphasizing the need to clarify procedures in this matter. ISS, IP informed the Ombudsman that, after a meeting held with the Foreigners and Border Service (SEF) and the High Commission for Migrations, it was settled that the registration in social security of foreign workers that proves to have a job in Portugal and had legally entered and legally stayed in the country, will be accepted. Accordingly, the Directorate-General for Social Security issued technical guidelines regarding this matter. Since then a faster conclusion of these procedures was noted and most of the cases submitted to the Ombudsmen were favourably resolved. • Case Q-2619/14 Entity addressed: Secretaries of State for Social Security Date: 2016.05.19 Subject: Relevance on retirement pensions of contributory periods made, at the same time, as a teacher of private education and as a teacher of official education, prior to the entry into force of Decree-Law No. 321/88, of 22 September The Ombudsman received a complaint from a teacher of private and cooperative education regarding the fact that the contributions made before the entry into force of Decree-Law No. 321/88, of 21 December, at the same time the ones he made as a teacher of the public education, had not been considered in his retirement pension. These teachers are covered by a mixed social protection scheme provided by the said Decree-Law No. 321/88, of 21 December. They pay social contributions to the CGA to have access for deferred benefits (old age and invalidity) and also for the General Social Security Scheme to obtain immediate benefits (unemployment, illness, parenting, etc.). Since those contributions were legally owed, the Ombudsman asked for the intervention of the Social Security Institute, which concluded that, in the absence of a legal provision allowing such contributions to be considered for the purpose of granting a pension, the complainant could only be reimbursed duly revalued, which succeeded. The Ombudsman then addressed himself to the Secretary of State for Social Security call his attention on the need to legislate on this subject so that the persons concerned are guaranteed the right to receive the pension, or if this is not accepted, that the Social Security Institute ensure the reimbursement of such contributions duly revalued. 130 |