INSS gives companies access to employee retirement requests

The INSS (National Social Security Institute) is expanding the access of private and public companies to the social security situation of their employees. In practice, companies will be able to know details of the administrative process of an insured person applying for retirement or other benefit.

The measure is contained in Ordinance 1012, of April this year, published in May in the Official Gazette. According to the document, employers “will have access to administrative decisions on benefits required by their employees, safeguarding information considered confidential.”

In a note, the INSS states that the insured’s personal information will not be released to employers. “Information regarding income or amounts paid to the insured is not available”, says the institute.

In addition, to have access to the data, the employer must make a previous registration with the Federal Revenue. Otherwise, you will not be able to know about the status of request or release of the benefit.

Companies will be able to consult information about the following benefits:

1. Assistance for temporary incapacity;
2. accident assistance
3. retirements
4. Pension for accidental death
5. Anticipation of aid for temporary incapacity, provided for in Law No. 13,982, of April 2, 2020

According to lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), companies already had access to data related to disability benefits, such as sick pay and accident pay, which can be related to work-related illnesses or accidents, what is in the interest of the employer.

The ordinance expands this access, allowing companies to also know if the employee has asked for retirement and if it has been granted. In the case of workers who work in public companies, such as Banco do Brasil, Caixa Econômica Federal, Correios and Petrobras, for example, the granting of retirement will lead to the end of the employment relationship.

The dismissal of an employee who works in a public company was instituted by the 2019 Social Security reform, which took effect in November. The INSS states that it will be possible to make it easier to comply with what article 37 of the Federal Constitution says, which determines the break of the bond that generated the contribution time necessary for the granting of retirement.

According to the institute, after the publication of constitutional amendment 103/2019, numerous letters from various public administration bodies were sent to the service units of the body, with lists with hundreds of names, requesting individualized information about the retirement of each employee.

The high number of requests “created an unforeseen demand”, causing the servers’ work routines to be hampered. The institute’s employees, who were previously in charge of responding to the letters, will now go “to meet other demands for services provided by the INSS”.

For lawyer Rômulo Saraiva, a specialist in Social Security and columnist for Sheetthe measure is positive, as long as it fully respects the LGPD (General Data Protection Law), without giving access to any private data of the insured.

pre-retirement stability

With access to their employees’ data, private employers will be able to know the worker’s contribution time and whether he is close to retirement or not, which can avoid undue dismissals in the pre-retirement stability period.

The rule guarantees employers about to retire a period of stability before completing the minimum conditions for the benefit, during which they cannot be fired. If he is dismissed, he can receive compensation and the employer will be obliged to pay the INSS until the employee completes the time necessary to have the benefit.

In general, this period of stability varies from six months to two years, depending on the profession and category, and is defined by means of an agreement or collective agreement.

Public bodies that may have access to the data:

Federal government

• Presidency of the Republic and its ministries, National Congress and STF (Federal Supreme Court)

state governments

• State government and its secretariats, Legislative Assembly, State Public Ministry and Court of Justice

municipal governments

• City Hall and its secretariats, City Council and the city attorney

Direct administration entities that will also have access:

Authorities:

• Established by law, they have administrative and financial autonomy, but are subject to state control. They are public law entities and their core activity is in the public interest. Examples: Aneel (National Electric Energy Agency), INSS (National Social Security Institute) and Central Bank

public foundations

• Created by law, they can be a public or private entity. Their core activity must be in the public interest and these organizations cannot be for profit. Examples: Funai (National Indian Foundation)

Public companies

• They are legal entities governed by private law, created by legal authorization and administered by the government. The capital of public companies is exclusively public. These companies provide services of collective interest and carry out economic activities. Examples: Post Office and Caixa Econômica Federal

Mixed capital companies

• Legal entities governed by private law, created in the form of a corporation and composed of public and private capital. Most of the shares of these companies are owned by the State. Like public companies, they provide public services and carry out economic activities. Examples: Banco do Brasil and Petrobras