See who can request a review of the entire INSS life in court

The lifetime review, which is being analyzed again this Wednesday at the Federal Supreme Court (STF), is not a correction that can be requested by any INSS (National Social Security Institute) retiree. The process that discusses whether retirees have the right to include old salaries, paid in other currencies, in the calculation of the average salary is the second on the agenda of the day of the Supreme, which begins at 2 pm.

If the Supreme Court defines that retirees are entitled, experts say that ministers will be able to modulate the effects, which would limit the scope of the decision. One of the hypotheses is to limit the reach only to those who have already made a legal request.

For experts, the revision wants to put an end to a mistake made in the 1999 Social Security reform: having created a transitional rule that is more harmful to the population than the permanent rule itself.

Before looking for a specialist to make the calculations, three points need to be observed by the retiree. The first is whether the retiree is still within the deadline to request the review: the request for correction of the entire life can only be made within ten years, counting from the month following the first payment of the benefit.

That is, if the payment of the first retirement was made in November 2012, for example, the deadline for requesting a calculation review ends in December 2022. In addition, the retirement must have been granted before the start of the Social Security reform , valid since November 2019.

The second is whether the retiree meets the criteria for requesting this review. The benefit must have been granted based on the rules of Law 9,876, of November 1999. That is, the average salary calculated by the INSS to pay for retirement was made with the 80% highest salaries since July 1994, when the Real Plan passed for real. Amounts paid in other currencies were not considered in this calculation, but were only used to define the worker’s total contribution time.

Furthermore, the review only compensates for those who had high salaries 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.

UNDERSTAND THE CORRECTION

The 1999 Social Security reform created two calculation formulas for the average salary (which is the basis of the benefit amount):

1. Transition rule: For those who were already insured with the INSS until November 26, 1999:

2. Permanent rule: For those who started contributing to the INSS after November 27, 1999:

With this, those who were already Social Security insured and concentrated their largest payments at the beginning of their professional life, before the creation of the Real Plan, were harmed.

With the review of their entire lives, retirees who started contributing to Social Security up to November 26, 1999 want the same rule to be applied to them as the group that started collecting from November 27 of that year.

WHO CAN BENEFIT FROM THE REVIEW

Lifetime review can only be applied to beneficiaries who fit the following requirements:

• Entered the formal job market (with a formal contract or contributing individually) before July 1994

• He made a considerable part of his highest contributions to the INSS until July 1994 and then concentrated payments on lower amounts

• Received the first retirement payment less than ten years ago (maximum period to exercise the right to review the benefit)

• Retired before the beginning of the pension reform, in November 2019