See who can have INSS retirement at age 55

Retirement from the INSS (National Social Security Institute) can be withdrawn at age 55 for rural workers, considered special insured. For rural men, the minimum age is 60 years. You must have at least 15 years of rural work.

In addition to rural workers, women with disabilities can retire at age 55. The pension reform also created a 55-year requirement for special retirement from high-risk activities, in the case of workers who are unable to retire under the transitional rules or by acquired right, with the rules prior to the reform. See the INSS rules and requirements below.

But there are cases where the benefit needs to go through a sequence of appeals and challenges and can take years to be granted. Antônia Romão, 61, waited more than six years for her rural benefit, which she applied for in October 2015, at the age of 55. Between INSS denials and appeals, the case came to an end in December 2021, in favor of the worker. But until March of this year, six and a half years later, she hadn’t received any money.

The INSS informed, in a note, that the agency agreed with the decision of the Board of Appeals and granted the insured person’s retirement on March 18 of this year, with payment retroactive to October 2015.

“The insured can obtain the concession letter and the benefit payment statement through the INSS’s remote channels (site meu.inss.gov.br, Meu INSS mobile application and by phone 135).”

The delay in granting becomes longer when the case involves administrative appeals. After the decision of the Board of Appeals, the INSS or the insured can appeal to the Board of Appeals. According to the INSS, the Appeals Council is an autonomous body with its own regiment. “The appeal processes are analyzed and included in the judgment agenda according to the chronological order of distribution”, he informs, in a note.

The INSS did not provide updated data on its benefit queue and average waiting time for granting.

Check out the rules to have the benefit at 55

rural retirement

The worker who earns his own support and that of his family from rural activity, either individually or in a family economy regime, has the right to rural retirement. They are rural producers, whether or not they own the land, fishermen, extractivists, coal workers, rubber tappers, prospectors and other professionals who depend on rural activity. Indigenous people recognized by Funai can also receive a rural pension.

Rural workers are entitled to the benefit at age 55, and men at 60. It is necessary to have at least 15 years of rural work.

The scientific director of the IBDP (Brazilian Institute of Social Security Law), Jane Berwanger, explains that the distinction exists “because it recognizes a differentiation of the activity, a greater hardship of the rural activity.”

Examples of documents that can be presented to the INSS to prove rural activity

• Work card, if signed for this purpose;

• Proof of lease or purchase of land;

• Documents issued by Incra (National Institute of Colonization and Agrarian Reform);

• Documents relating to rural cooperatives and unions;

• Production marketing receipts;

• Income tax declaration;

• Proof of receipt of loans and financing for rural activities;

• Proof of receipt of assistance or follow-up from a technical assistance and rural extension company;

• Various documents showing the rural activity, such as marriage certificates, birth certificates

Retirement for people with disabilities

People with disabilities can also retire earlier, both by age and contribution time. In the case of age, the requirement is 55 years old for women and 60 years old for men, with at least 15 years of contribution.

For the second modality, age is irrelevant and the required contribution time varies according to the analysis of the severity of the disability, carried out by the medical expert and the social service of the INSS.

Light: 33 years of contribution (male) or 28 years of contribution (female)
Moderate: 29 years of contribution (male) or 24 years of contribution (female)
Serious: 25 years of contribution (male) or 20 years (female)

In all cases, it is necessary to prove that they had a disability for the entire period of contribution or rural exercise – which must also be at least 15 years.

Special retirement due to insalubrity with minimum age

There are situations in which the special retirement, for workers in activities with risk to health, will come out at age 55. The Pension reform of November 13, 2019, created the transition rule for special retirement points (sum of age and contribution time) for those who were already in the labor market before the rule changes. Before the reform, the requirement was for contribution time only, without a minimum age.

By the definitive rule of the reform, for those who do not fit the transition, it is necessary to reach a minimum age plus a minimum time of special activity, according to the risk of the activity. For high-risk activities, 55 years of age and 15 years of contribution to a special activity are required, for men or women. One case is that of miners, whose activity falls within the INSS’s highest level of insalubrity, due to underground work. The category can retire with the combination of 55 years of age and 15 years of contribution.

• High risk: 55 years of age + 15 years of contribution to a special activity
• Average risk: 58 years of age + 20 years of contribution to a special activity
• Low risk: 60 years of age + 25 years of contribution to a special activity

Order is placed on the website or app

To apply for retirement, it is not necessary to go to an INSS agency: everything can be done through the Meu INSS app. For rural workers, the only mandatory document is the CPF number. For this proof, different types of documents can be used.

For those who apply for special retirement, it is also necessary to present documents that prove the periods worked and a document issued by the employer that proves the unhealthy or dangerous work, such as the PPP (Profile Profissiográfico Social Security). The definition of time as special will comply with the definition in force at the time the work was performed.