Economy

INSS retirees will receive R$ 1.6 billion in arrears from Justice; see who is entitled

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The INSS (National Social Security Institute) policyholders who sued the institute and won the right to grant or review the social security or assistance benefit will receive R$ 1.6 billion in arrears of up to 60 minimum wages (R$ 72,720) from the Justice Federal this month.

The amount was released by the CJF (Council of Federal Justice) this Monday (20) to the TRFs (Regional Federal Courts) to pay 102,404 beneficiaries who won 79,072 cases against the INSS and had the payment order issued by the judge in May. .

The payment date to the insured or his lawyer depends on each court. In general, the amounts fall into the account between the end of the month in which the money is released by the CJF and the beginning of the other month. In the case of cases assessed in May, the money will be paid until the end of June or the beginning of July.

The TRF-3 (Regional Federal Court of the 3rd Region), which serves the states of São Paulo and Mato Grosso do Sul, reported that, after the transfer of the amounts by the CJF, the sector responsible for the payment of RPVs has already started to process the information. , a procedure that takes, on average, seven days to complete.

When the process is closed, the accounts will be opened and the systems will be updated with information on the values, says a note from the agency.

The TRF-1 (Federal Regional Court of the 1st Region), which serves the Federal District and states in the Midwest and North, reported, on a previous occasion, that generally the requisition assessed in one month is deposited at the end of the following month. With this, the forecast is to pay at the end of June.

TRF-4 is expected to release payment dates later this week. The other courts did not respond.

Who is entitled to arrears?

The policyholders who processed the INSS and won the action are entitled to arrears, and whose date of the judge’s payment order —called autuation— is someday in May. It is necessary that the process is up to 60 minimum wages, called RPV (Small Value Requisition), which gives R$ 72,720 this year.

To receive, however, the action must have reached its end, without any possibility of appeal on the part of the INSS.

The RPVs to be paid refer to the granting or review of:

  • retirements
  • pensions for death
  • aid
  • BPC (Continued Payment Benefit)

In all, the CJF released BRL 1.9 billion to pay the RPVs assessed in May for a total of 175,560 beneficiaries who won 142,834 lawsuits. In addition to the social security and assistance arrears, there is still money for the other food RPVs of civil servants who won lawsuits against the Union, its companies and their autarchies.

How do I know if I will receive it?

The query to find out if you will have the values ​​can be done on the TRF website of the region where the process was analyzed. It is also possible to obtain information from the attorney in the case. In general, actions of up to 60 minimum wages do not need a lawyer to be proposed.

In TRF-3, the website for consultation is trf3.jus.br. It is possible to find out information by case number, by the lawyer’s OAB (Brazilian Bar Association) number or by the insured person’s CPF.

To know if you will receive this batch, you need to observe the dates. RPVs whose “TRF Protocol Date” is sometime in May 2022 are paid from the end of June to the beginning of July.

After payment, “Paid in full to court” will appear. The money will fall into the account opened by the court at Banco do Brasil or Caixa Econômica Federal.

See how much will be paid by the Federal Court in each region

TRF of the 1st Region (headquarters in DF, with jurisdiction in DF, MG, GO, TO, MT, BA, PI, MA, PA, AM, AC, RR, RO and AP)

  • General: BRL 748,147,499.42
  • Social Security/Welfare: BRL 640,456,322.13 (30,237 cases, with 34,683 beneficiaries)

TRF of the 2nd Region (headquartered in RJ, with jurisdiction in RJ and ES)

  • General: BRL 156,687,154.38
  • Social Security/Assistance: BRL 121,934,952.71 (6,153 cases, with 8,236 beneficiaries)

TRF of the 3rd Region (headquartered in SP, with jurisdiction in SP and MS)

  • General: BRL 267,125,036.30
  • Social Security/Welfare: BRL 218,054,184.27 (7,831 cases, with 9,326 beneficiaries)

TRF of the 4th Region (headquartered in RS, with jurisdiction in RS, PR and SC)

  • General: BRL 413,641,674.10
  • Social Security/Welfare: BRL 357,183,537.54 (20,254 cases, with 26,553 beneficiaries)

TRF of the 5th Region (headquartered in PE, with jurisdiction in PE, CE, AL, SE, RN and PB)

  • General: BRL 281,975,231.41
  • Social Security/Welfare: BRL 228,203,413.12 (14,597 cases, with 23,606 beneficiaries)

Precatórios will be paid in July

Insureds who are entitled to higher amounts of arrears —above 60 salaries—will receive between July and August. The CJF will release R$ 25.4 billion for the payment of food precatories next month. Most of this amount is intended for retirees who won the INSS in court. Precatórios are government judicial debts above 60 minimum wages.

By law, retirees and other beneficiaries are entitled to the money with a payment order issued by the judge between July 2, 2020 and July 1, 2021. However, with the PEC (proposed amendment to the Constitution) of the Precatórios only part of policyholders will receive.

Payment of precatory will obey the following priority rule:

  1. RPVs, which are shares of up to 60 minimum wages
  2. Precatórios of alimony nature whose holders or heirs are at least 60 years old or have a serious illness or people with disabilities, up to the amount equivalent to triple the amount established by law as RPV
  3. Other precatories of a food nature up to the value equivalent to triple the RPVs
  4. Other precatories that do not enter the first three rules
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