The Social Security reform postponed the retirement of Brazilians, mainly those who were close to winning the benefit. To prevent these policyholders from waiting much longer to become entitled under the new legislation, transition rules have more lenient requirements.
As of this Monday (1st), three of these rules have new requirements. To find out if you can ask for retirement from the INSS (National Social Security Institute) this year, the insured person should pay attention to his date of birth, the time of social security contribution and the characteristics of his work.
There are policyholders who fit into more than one transitional rule. In this case, the worker can retire according to the requirement he meets first.
In 2023, men who in the sum of age and contribution time reach at least one hundred pointsand women at least 90 points, are entitled to retire under the minimum score rule. In this case, it is necessary to have at least 30 years of payments to the INSS, in the case of women, and 35 for men.
The elderly worker in the private sector with less contribution time can retire by age. The requirement is 15 years of withdrawal, and men must be at least 65 years old, and women, 62, in 2023.
For people with disabilities, the requirements are milder: for men, 60 years old, and for women, 55 years old. Contribution time is equal, 15 years, and must be fully in the condition of Person with Disabilities.
If the insured has 58 years old and at least 30 years of contribution this year, you can retire before reaching the minimum age required by the 2019 constitutional amendment. 35 years or more of contributions to the INSS and 63 years old to enter the progressive minimum age rule.
Each year, six months are added to the minimum retirement age. In the case of women, the modality will undergo changes until 2031, when the minimum age to retire will be 62 years. For men, the annual changes go until 2027, reaching the minimum age of 65 years.
Not all transition rules change. For workers who were up to two years away from retirement when the social security reform came into effect, that is, men who had at least 33 years of contribution and women who were at least 28 years old as of November 13, 2019 can pay the so-called toll of 50%.
Retirement under this transitional rule requires the insured person to serve half the time remaining to complete the minimum contribution of 30 years (for women) or 35 years (for men). There is no minimum age and the value of the benefit considers the average of all wages since July 1994, including the social security factor.
Men at least 60 years old and 35 years of contribution and women aged 57 and 30 years of INSS payments need to work twice as long as they needed to retire when the new rules came into force.
An insured person who was 55 years old and had contributed 30 years on November 13, 2019, for example, needs to contribute to Social Security for another ten years to retire. Under the old rules, he would have to work another five years to file.
In this modality, the value of the benefit considers the average of all wages from July 1994 and there is no application of the social security factor.
For those who worked exposed to harmful agents (physical, chemical or biological) until November 13, 2019 and it has proof of this from 1995, it is possible to request the conversion of this special time in common, increasing the contribution time to retire.
Vested right
If he had fulfilled the old requirements to retire before November 13, 2019 and did not request the benefit, the worker is entitled to the rules prior to retirement and more advantageous.
This is the case for those who have completed 30 years of contribution, in the case of women, or 35 years, for men, before the reform takes effect. When requesting the contribution time benefit under the old rules, you will not have to comply with the minimum age or tolls of the transition rule.
The same goes, for example, for policyholders who were waiting for a labor process, before the move, to prove to the INSS that they had complied with the rules. When requesting retirement, the system makes calculations based on registered contributions and must grant the most advantageous benefit.
Who is entitled to retirement?
INSS retirement is paid to workers who contribute to the body for a minimum period of time, depending on the type of benefit requested. The rules also vary depending on whether the insured person is a man or a woman or according to the type of activity he performs, if the work is considered to involve exposure to agents that are harmful to health.
Private initiative workers, the self-employed, low-income housewives, students, people with disabilities, citizens who work in an activity considered harmful to health and professionals who have already worked in the public service, but who started to contribute to the INSS, are entitled to benefit from the INSS. the INSS and will make the transfer of contributions from one regime to the other.
What is the contribution time to retire?
The minimum contribution time to retire through the INSS depends on the type of benefit that the citizen will request.
Until November 13, 2019, the date on which the Social Security reform came into force, the minimum contribution time required by the INSS for retirement by age was 15 years of contribution for men and women, in addition to 65 years of age for men and 60 years for women.
After the Social Security reform, the general rule of the system determines a minimum age of 62 years (women) and 65 years (men). The contribution time remains 15 years of payments to the INSS. These rules, however, are valid for new policyholders. Anyone who was already in the job market enters the transition rules.
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