INSS (National Social Security Institute) policyholders who have been granted disability retirement — today called permanent disability retirement — will have 60 days to complete a document informing the institute whether or not they receive another social security benefit.
The rule is contained in the institute’s ordinance published earlier this month, which went into effect on the 12th. In the document, the worker needs to inform whether he already receives a benefit from another social security or death pension from the institute or from another social security system.
According to the INSS, the ordinance amends an existing rule. Before, says the agency, the insured had to present the self-declaration during the process of analyzing the disability benefit. Now, this document only needs to be turned in after the permanent disability benefit is granted.
Lawyer Roberto de Carvalho Santos, president of Ieprev (Institute of Social Security Studies), says that the change was necessary because disability retirement is not a benefit requested by the insured. It is granted after medical examination, as determined by the expert.
“In all retirements, the person already has to fill out this declaration saying if he receives any benefit at the time of making the request. But, in disability retirement, there is no request for the benefit, it is the expertise who decides.”
Self-declaration can be made online, at Meu INSS, through the service “Inform about Receipt of Benefit in Another Pension Scheme”. It is also possible to make the declaration through 135 (click here to see the document).
Rômulo Saraiva, a lawyer specializing in Social Security and a columnist for Sheet, says that the new rule is valid only for the benefits granted from the validity of the measure. “It’s a new rule that has its legal effects from the validity, so the INSS should not make retroactive charges taking into account this new requirement for people who are already retired due to disability”, he says.
According to the ordinance, if, within 60 days, the insured has not made the self-declaration, the disability retirement will be automatically suspended for the reason “92 – NO APRES.DEC.REC.BENEF RPPS”. After six months of suspension, the benefit will be cut.
Accumulation of benefits
The benefit accrual rule was changed with the 2019 Social Security reform. The constitutional amendment limited the amount to be paid in the second benefit. Before, in the case of accumulation, both benefits were paid in full and it was possible to earn more than the INSS ceiling. Now, there are reducers applied on the second benefit.
The benefit with the most advantageous value will be kept in full (whatever it is). The second will be reduced. If the smallest benefit is equal to the minimum wage, it will be paid without a reduction.
See some benefits that can be accumulated
- INSS pension + INSS pension
- Public servant pension + INSS pension
- INSS retirement + civil servant retirement
- INSS retirement + civil servant pension
- Retirement (from the INSS or civil servant) + military pension
Second benefit reduction table
| Value | Percentage to be paid |
|---|---|
| a minimum wage | 100% |
| Above one to two minimum wages | 60% |
| Above two to three minimum wages | 40% |
| Above three to four minimum wages | 20% |
| Above four minimum wages | 10% |
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