Questão jurídica principal
Whether the transitional review rules of the 6th IV revision permitted abolition of the half pension despite the insured person having received the pension for more than 15 years.
Decisão extraída
No. The exclusion clause applies because entitlement started in 1996, so the person had received an IV pension for more than 15 years when the review began in 2012.
Fundamentação extraída
For the 15-year exception, the decisive point is the start of the pension entitlement, not the date of the pension decision. On that basis, the review mechanism in lit. a para. 1 of the transitional provisions could not be used.