See who anticipates INSS retirement with special time

INSS (National Social Security Institute) policyholders who worked in conditions harmful to their health before the 2019 Social Security reform can use this special activity time to anticipate their retirement.

Before the reform, workers who worked in areas considered to be of low risk (such as health professionals, chemists, locksmiths, security guards, among others – which are the majority of people in special activities) needed to contribute 25 years of work in these sectors and they could retire at any age. Anyone who has completed this period until November 13, 2019 can still retire under this model, as it is an acquired right.

The reform created a transitional rule, which is aimed at those people who had a special contribution time until November 2019, but who have not yet met all the requirements to retire. In the case of professionals classified in the low-risk category, it is necessary to add 86 points and at least 25 years of special low-risk activity. The score is the sum of age plus contribution time.

Attorney Ben-Hur Cuesta, from Ingrácio Advogados, explains that the contribution time considered for this score can be the sum of the special time with the common one, as long as the insured has the minimum special required.

For example: a 55-year-old person who has worked for 25 years as a security guard scores 80 points. She has already reached the minimum period of special activity, but has not yet reached 86 points. If that same worker worked for six years in another common profession (without risk), this period can be counted, so that he reaches the necessary points and gets retirement.

The reform ended with the conversion of special time into common, but kept this possibility for periods worked up to November 13, 2019. For this, the special time is multiplied by a factor – which, in the case of low activities risk is 1.4 for men and 1.2 for women. Thus, a man who worked 10 years in this category and makes the conversion now has 14 years of common contribution.

Attorney Carolina Centeno, from Arraes e Centeno, points out that the reform also changed the calculation of the average salary used to define retirement. Until November 2019, an average was made with the 80% highest contribution salaries as of July 1994. Special retirement was full, that is, 100% of this salary average.

After the reform, the average takes into account all contribution salaries registered after July 1994, that is, without discarding smaller amounts. The worker will receive an amount that starts from 60% of the average salary and varies according to the contribution time.

Those who started to contribute after retirement must reach a minimum age plus a specific contribution period in special activity. In the case of low-risk professions, the requirement is 60 years of age plus 25 years of work under danger or vulnerability.

Special Retirement | understand the rules

• Special retirement is granted by the INSS (National Social Security Institute) to those insured who work in contact with hazardous elements, such as chemical, physical and biological agents that are harmful to health (including the association of these agents)
• To characterize the special activity, ensuring more advantageous counting in retirement, contact with these elements must occur on a permanent basis, without being occasional or intermittent

How does it work

• To be able to obtain the special benefit, the insured must prove time of work under special conditions and the harmful agent to which he was exposed
• This proof is done through PPP (Professional Social Security Profile) or LTCAT (Technical Report on Environmental Working Conditions)
• Both documents must be provided by the employer.

Types of risk

• Low risk: Workers exposed to noise above 85 decibels, healthcare professionals exposed to viruses and bacteria (such as doctors, dentists and nurses), security guards and other professionals who deal with hazardous agents
• Medium risk: People who work in underground mines far from production fronts or who are exposed to asbestos
• High risk: Professionals who work in underground mines in front of production

Conversion

The professional who worked part of his life under a condition of vulnerability or danger, but later changed profession and started working in an area without risk, can convert the time of special contribution into common

For this, a multiplication table was created, in which the citizen multiplies the activity time by the conversion factor, according to the activity risk

Heads up: The conversion of working time under special conditions to ordinary working time applies only to work performed until November 13, 2019

Activity risk

See an example:

• A man worked for ten years in a special low-risk activity
• When converting, you will have to multiply this time by 1.4; therefore, he will have 14 years of contribution

What was the special retirement like before retirement

To get the benefit, workers only needed to reach a minimum contribution time in a special activity, depending on the degree of risk:

Low risk: 25 years
Average risk: 20 years
High risk: 15 years

Regardless of age, these professionals were able to retire when they reached this time.

See an example:

• A person who started working as a dentist at age 25 and has never stopped working in this area could retire at age 50
• Calculation of the benefit: an average of 80% of the highest contribution salaries was made as of July 1994. Of this total, the insured received 100% of the value

Stay tuned: Currently, it is only possible to retire under this rule who has already fulfilled all these requirements by November 13, 2019

>> After Social Security reform

Transition rule by points to get special retirement, for those who were already employed before 11/13/2019

This rule is applied to those people who started working in special activities before 2019, but who, until the date of the Social Security reform, had not managed to reach the minimum time to retire

The standard takes into account a score, which also varies according to the type of risk:

• Low risk: 86 points + 25 years in special low risk activity
• Medium risk: 76 points + 20 years in special medium risk activity
• High risk: 66 points + 15 years in special high risk activity

To get the benefit

The insured can add, in addition to age and time of effective exposure in special activity, contribution time in common activity

However, for this, the worker must have the minimum time in a special way.

For example:

• Marcos worked 25 years as a locksmith (low risk activity) and is 55 years old
• The sum of years of special activity with his age is 80. That is, just for that reason, Marcos could not retire under the special retirement transition rule
• However, before becoming a locksmith, Marcos worked for six years as a plumber (which is not considered a risky activity – that is, it is a common contribution time)
• Adding the 80 points with six years referring to his work as a plumber, Marcos achieves a score of 86 and, therefore, he would get special retirement under the transition rule

Benefit calculation:

• All contribution salaries are averaged as of July 1994
• The worker will receive an amount that starts from 60% of the average salary and varies according to the contribution time

DEFINITIVE RULE

This rule is intended for special activities initiated after the 2019 reform

It is necessary to reach a minimum age plus a minimum time of special activity, depending on the risk of the activity

• Low risk: 60 years of age + 25 years of contribution in special activity
• Average risk: 58 years of age + 20 years of contribution in special activity
• High risk: 55 years of age + 15 years of contribution in special activity

Watch!

The minimum age rule for special retirement is the same for men and women

Sources: lawyers Ben-Hur Cuesta and Carolina Centeno, INSS decree 10.410, and report