Portaria n.º 1033-HQ/2004, de 10 de Agosto de 2004
Portaria n.º 1033-HQ/2004 de 10 de Agosto A Lei n.º 21/2004, de 5 de Junho, procedeu ao alargamento do âmbito de aplicação pessoal do regime jurídico dos períodos de prestação de serviço militar de ex-combatentes, para efeitos de aposentação e reforma, aprovado pela Lei n.º 9/2002, de 11 de Fevereiro.
Neste âmbito, prevê que o regime jurídico consagrado na Lei n.º 9/2002, de 11 de Fevereiro, é aplicável aos ex-combatentes abrangidos por sistemas de segurança social de Estados membros da União Europeia e demais Estados membros do espaço económico europeu, bem como pela legislação suíça, coordenados pelos regulamentos comunitários, ainda que não tenham sido beneficiários do sistema de segurança social português, e aos ex-combatentes abrangidos por sistemas de segurança social de Estados com os quais foram celebrados instrumentos internacionais que prevejam a totalização dos períodos contributivos, desde que tenham sido beneficiários do sistema de segurança social nacional, ainda que não se encontre preenchido o prazo de garantia para acesso a pensão.
Face ao disposto no n.º 1 do artigo 2.º da Lei n.º 21/2004, de 5 de Junho, os ex-combatentes devem efectuar o seu pedido de contagem de tempo de serviço militar através de requerimento.
Verifica-se, pois, a necessidade de fazer aprovar o formulário de requerimento necessário para aquele efeito, o qual, nos termos do n.º 2 do artigo 2.º da Lei n.º 21/2004, de 5 de Junho, é aprovado por portaria do Ministro da Defesa Nacional.
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