The Socialist Party (PS) wants to study the possibility of integrating the Pension Fund for Lawyers and Solicitors (CPAS) into the general Social Security regime. The socialist parliamentary group considers that the current social security system for lawyers and solicitors is "maladjusted" and has "no assistance nature", and should reflect on its integration in Social Security.
“This regime [CPAS], which does not have any assistance nature, based on mandatory discounts that are not related to the real earnings earned, has been proving out of place for an increasing number of lawyers, especially the younger ones”, reads up on a PS bill delivered to Parliament, suggesting the creation of a commission to assess the possible integration of CPAS in Social Security.
In this bill, the PS explains that the “significant” increase in the number of lawyers and solicitors in different work contexts and “the prevalence of precariousness in their midst, if not unemployment”, has aggravated “the imbalances between rights and duties before the CPAS, giving rise to well-founded criticism from those who are obligatorily attached to it ”.
The PS notes that the CPAS is “a non-optional regime” that obliges its members to discount a minimum amount of 251,38 euros monthly, “regardless of income” earned. In the event that they do not receive any income, lawyers should still make the minimum monthly discount for CPAS, which, especially in times of pandemic, has caused “increasing situations of non-compliance”.
“In addition to doubts about discounts dissociated from the principle of real contributory capacity, it should be noted that CPAS also does not guarantee support in situations of illness or economic need, and in situations of assistance to the family and motherhood”, also states the PS, in the project of law.
The PS therefore proposes that a committee be created with a view to assessing the possible integration of CPAS into the general Social Security regime, namely the transition phases between schemes and the associated financial charges, as well as considering, alternatively, “ a new regime that has as its rules the non presumption of income for calculating contributions ”and“ a plan for a balanced resolution of the amounts owed ”.
The socialists also want the commission to carry out an audit, with a view to “determining the assets of the CPAS and its charges, as well as the conditions for the payment of pensions”, and prepare a proposal for a legal diploma to be sent to the Government for future analysis.
Socialists consider that, because it is such a "sensitive matter", it requires "a broad reflection on the current situation and future paths". The commission should therefore include representatives from CPAS, Social Security, the Bar Association, the Order of Solicitors and Enforcement Agents, the National Association of Young Portuguese Lawyers (ANJAP) and the Portuguese Association of Advocacy in Individual Practice ( APAPI-ADV), as well as Government representatives in the area of Justice.
PSD and PAN agree with “weighting”. Block asks for integration
The Social Democratic Party (PSD) and the People-Animals-Nature Party (PAN) agree that a reflection should be made on the integration of the social security system of lawyers and solicitors in Social Security. O PSD recommends that this consideration be made in “close articulation” with CPAS, the Bar Association and the Order of Solicitors and Enforcement Agents ”, while the PAN calls for a study to be carried out on the feasibility of such integration, to be presented to Parliament for consideration.
The Bloco de Esquerda (BE) understands that “only the full integration of CPAS in Social Security” will allow it to achieve the constitutional objective that “it is up to the State to organize, coordinate and subsidize a unified and decentralized social security system”, without thereby “jeopardizing the rights of any professional”.