c) Suggestions Case Q-1004/14 Entity addressed: Police Health Subsystem (SAD/PSP) Date: 2016.01.14 Subject: Enrolment as beneficiaries of the Police Health Subsystem of descendants above 18 years old, as students of a post-secondary (but not superior) education course Status: Accepted A complaint was lodged with the Ombudsman concerning the refusal, by the Health Subsystem of the police forces, to maintain the enrolment of a descendant aged above 18, as a family beneficiary, attending a post-secondary course, as the relevant law was silent on this category of courses. According to the wording of the law, any descendant, aged between 18 and 26 years, can register as a family beneficiary in so far as he/she attends a course of secondary or higher education. In a first stance, it was proposed to the National Directorate of Police to reconsider that negative decision, with reference to teleological and historical parameters, in the interpretation of the norm at stake, in order to accommodate situations substantially identical to those explicitly foreseen therein, that is to say all types of intermediate situations that lie between the minimum (secondary school) and upper (higher education) poles referred explicitly by the law, such as the post-secondary courses. It was thus argued that students attending post-secondary courses must benefit from the same treatment than those, with the same age, attending only secondary education, furthermore aligning the solution enforced with that correctly followed by the health subsystem in general encompassing civil servants (ADSE). As this suggestion was not accepted, the subject was presented to the Minister of Internal Administration, who agreed with the Ombudsman’s position and, therefore, promoted a legislative initiative in order to adapt the law to its aim. • 156 |