See how the retirement of those who change sex is like

In a pension system where age is an important requirement, transgender people may be closer to retiring from both the INSS and the public service. The parameters as a general rule are 65 years for men and 62 years for women.

As there is an age difference, for those who identify with the female gender, there is the possibility of generating the right to retire three years earlier. The opposite already reflects the burden of waiting longer.

Although the STF (Supreme Federal Court), in the direct action of unconstitutionality No. 4,275, has decided that the self-identification of people is a fundamental right of the personality to recognize gender identity, the Court has not yet taken a national stance on how it stands the social security issue, considering that —in addition to the age requirement— the need, life expectancy and method of calculation can affect the financial value depending on the person’s gender.

Faster access to retirement can also generate reflex rights, such as the fact that the pensioner has social security coverage and can generate pension for his/her spouse, whether in a homo-affective or hetero-affective stable union.

As social security legislation has not been adapted to this reality, transgender policyholders will face a level of uncertainty about the consequences of social security.

Basically, it is necessary to decide on what will prevail: whether it is the biological sex or later recognition of the gender, including the need to change the first name and gender in the civil registry.

The identification of the insured’s gender is important in the access rules and also in the benefit amount. And, for this reason, in the administrative scope of the INSS, it will possibly adopt stricter rules, which will force the interested party to seek the Judiciary to give the final word.

For the time being, there are sparse and divergent decisions on the subject, without a uniform orientation on this subject.