INSS retiree with two jobs can ask for review

INSS (National Social Security Institute) policyholders who retired until June 18, 2019 and had two jobs can ask, in court, for the review of both jobs or concomitant activities.

The correction gained strength after the decision of the STJ (Superior Court of Justice) in the judgment of issue 1070, on May 11, which determined a more advantageous calculation for those who worked in two or more activities and contributed to the INSS on all of them. As it is a repetitive resource, what was defined by the ministers is valid for all actions of the type in Justice.

According to lawyer Carolina Centeno, a partner at Arraes e Centeno Advocacia, the Superior Court ruled that the insured person who retired before June 2019 is entitled to the same calculation that is applied today by the INSS. Since 2019, the institute has added the two salaries received by the insured, up to the limit of the social security ceiling, and calculates the benefit that must be received.

Before, the INSS first defined what the main activity was. In this case, what counted was the longest period of service and not the value of wages. For secondary activity, an index was applied, which could reduce retirement

“The INSS took the primary activity, the one you had been contributing for the longest, and considered it as the main and full one. In the other, it made an average. The calculation was very low, cents or dozens of reais entered [no benefício]”, explains lawyer João Badari, from the Aith, Badari and Luchin office.

The calculation that considers the sum of salaries up to the limit of the Social Security ceiling started to be applied with the publication of law 13,846, derived from provisional measure 871, which defined a fine-tooth comb in social security benefits. However, the rule only applies to those who retired or filed their retirement request after the legislation came into force. Insureds who had a benefit before were harmed by the previous account.

According to the thesis signed by the STJ, “after the enactment of Law 9,876/99, and for purposes of calculating the retirement benefit, in the case of the exercise of concomitant activities by the insured, the contribution salary must be composed of the sum of all contributions pension funds transferred by him to the system, respecting the social security ceiling”.

Who can have the review of the two jobs

Badari explains that several workers with two jobs can have the review, especially health professionals, such as doctors, nurses and dentists. The rule also applies to teachers, guards and self-employed who contributed to the INSS on two activities in the same period.

Both he and Carolina claim that the institute may appeal to the STF (Supreme Federal Court) against the measure, so, before asking for income correction, it is necessary to seek a specialist and make the calculations to know if it is worth entering or not. with the action. “If it’s a readjustment of a few reais, it’s not worth filing a lawsuit”, says Badari.

The correction can be requested by the insured who:

1. Retired before June 18, 2019, but has been receiving the benefit for less than ten years
2. Had two or more jobs and was harmed by the INSS calculation
3. Worked two or more jobs after 1994

Among the experts’ biggest recommendations for applying are having retired before the law came into force and receiving a benefit that was granted less than ten years ago. Revisions of social security benefits are expired, that is, they can only be requested within ten years.

The period begins to run in the month following the payment of the first benefit. Another recommendation is to have documents proving that you have worked in two activities and contributed to all of them. “It is necessary to have documents that prove the two or more activities and prove that there is a difference in calculation”, says Carolina.

Among the documents that can be presented, then, are the extract of social security contributions that is in the Cnis (National Registry of Social Information), the work cards, payslips from the time of employment or contribution booklets as self-employed and a copy of the FGTS extract (Fund Service Time Warranty).