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Bolsonaro sanctions new deadline for civil servants to join the supplementary pension


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President Jair Bolsonaro (PL) sanctioned this Thursday (27) the text of the provisional measure that reopened until November 30 the deadline for active public servants to migrate to the supplementary pension regime – within the scope of Funpresp.

The provisional measure had been forwarded by the Bolsonaro government to Congress at the end of April. However, the text underwent some changes during its processing, in particular in the points related to the calculation of the social benefit.

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This was the third time that the regime’s migration deadline was reopened. The law that instituted the supplementary pension scheme was enacted in 2012 and provided for a period of 24 months for migration. The deadline had been modified already in 2016 and also in 2019.

The new migration deadline is valid for Executive servants who were hired before February 4, 2013 and for Judiciary workers who entered before May 7, 2013.

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The General Secretariat of the Presidency of the Republic emphasized that the civil servants who decide to join “will have the special benefit calculated according to the same conditions as those who previously opted”.

The original text of the provisional measure provided for the use of all civil servant contributions for the calculation, including the smallest ones, since 1994. The parliamentarians, however, changed this provision to maintain the conditions applicable to civil servants who had previously migrated. That is, the difference between the schemes will be the average of 80% of the largest contributions as a basis for calculation.

The text of the MP states that the option for supplementary pensions is irrevocable and irreversible. It is also highlighted that the Union and other public institutions will not be owed “any consideration referring to the value of discounts already made on the contribution base above the maximum limit established for the benefits of the General Social Security System”.

The MP also changes a provision on remuneration and benefits of members of the executive boards of closed supplementary pension entities. According to the text, both will be established by their deliberative councils, at values ​​compatible with what is practiced in the labor market for professionals with equivalent degrees of professional training and specialization.

The provision, however, removes an existing part of the current law that says that remuneration and benefits must comply with the constitutional ceiling rule.


Also on Thursday, Bolsonaro also sanctioned the text of the provisional measure that changed the rules of the Fundo Garantidor de Habitação Popular, to expand access for low-income families to lines of credit for the purchase of real estate.

The MP provides that the operations contracted at Casa Verde and Amarela may be covered by the guarantee fund. In this way, the fund will be used to mitigate the risk of banks in housing financing for low-income people in the program. The government’s expectation is to make credit cheaper and easier for this public.

The Government Secretariat stressed that the sanctioned text allows “the FGHab to ensure the possibility of new real estate financing aimed at low-income families, by extending the coverage of this Fund to operations within the scope of housing financing under the Casa Verde e Amarela Program, and by expanding coverage to used properties, which was previously intended only for new properties”.

However, the hypothesis of use for second-hand properties was not included in the original text of the provisional measure, being included during the proceedings in the National Congress.

Another change promoted in Congress was the provision of special treatment for individual micro-entrepreneurs and micro-enterprises in the collection of a pecuniary commission from funds with specific purposes that rely on the participation of the Union.

The MP also extends the emergency credit access program in the form of guarantees to individual microentrepreneurs and microenterprises — before, the so-called PEAC was restricted to small and medium-sized companies.

The text extends the deadline for contracting credit operations to December 31, 2023.

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