Judgment of the INSS lifetime review at the STF is scheduled for Wednesday (23)

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The judgment of the lifetime review of the INSS (National Social Security Institute) will be held next Wednesday (23) at the STF (Federal Supreme Court). The inclusion of the subject in the agenda of the organ happened this Friday (18), after decision of the minister Rosa Weber, president of the Court.

The whole life review is a lawsuit in which retirees ask that all their contributions to the INSS, including those made before the creation of the Real, in 1994, be considered in the calculation of the average salary to increase the benefit.

The process came to be judged in the virtual plenary in March 2022, after being stopped for about a year. At the time, the 11 justices presented their votes: 6 in favor of the revision and 5 against, but a request made by Justice Kassio Nunes Marques minutes before the deadline interrupted the trial.

Nunes Marques’ maneuver, contrary to the theme, would do what if it were judged again, this time in the physical plenary, starting from scratch. A new report would be made by Minister André Mendonça, substitute for Marco Aurélio, rapporteur of the revision of the whole life. Marco Aurélio, who is already retired, voted in favor of the revision.

In June, however, a new decision by the STF brought changes. The plenary decided that the votes of retired ministers presented in cases in the virtual plenary should be maintained in a new trial. The understanding of the Supreme affected the whole life review and other processes. In this case, Marcus Aurelius’ vote will be maintained.

WHO HAS THE RIGHT TO A LIFETIME REVIEW

The insured person who retired in the last ten years is entitled to a lifetime review of the INSS, as long as it is before the Social Security reform of November 13, 2019.

It is also necessary that the benefit has been granted based on the rules of Law 9,876, of 1999. In this case, the average salary calculated by the INSS to pay the retirement was made with the 80% highest salaries since July 1994, when the Real Plan came into effect.

The correction pays off, however, for those who had high wages before the start of the Real Plan. Workers who earn less will not have an advantage. If they include old, low-value wages, they could reduce the pension they earn today.

“A review of the whole life is an exception action. It needs calculations, because it doesn’t pay off for everybody”, says Badari.

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