INSS: pensions have undue discounts; how to avoid - 10/01/2024 - Market

The unauthorized discount of R$45 per month on the retirement of SCP, 65, led the São Paulo Civil Police, the São Paulo Public Ministry and Gaeco (Special Action Group to Combat Organized Crime) to an investigation against associations which have handled millions in amounts coming from retirement and INSS (National Social Security Institute) pensions.

The initial case that gave rise to the investigation came from a police report registered in January this year in the city of Santos, but there are victims in other parts of the country, according to investigations.

One of the cases is that of an 84-year-old retiree from the South, who receives a disability pension and now receives undue discounts on her benefit.

The focus is on five associations managed by Benfix, a benefits management company, which would make discounts on association monthly fees from the income of INSS policyholders without these retirees or pensioners having authorized it.

Associations are entities that the INSS insured can join to have benefits such as health plan, gym, dentist and summer camp, among others. A monthly association fee is deducted directly from the social security benefit.

The investigations point to at least 167 police reports in the state of São Paulo alone, 35 legal proceedings and 696 records in the TJ-SP (São Paulo Court of Justice) system.

The amounts transferred by the associations and by the administrator of Benfix, Maurício Camisotti, are high. Documents attached to the process indicate that three of the five associations had a turnover of around R$43 million in an unspecified period.

Furthermore, Gaeco points out that, from January 1, 2020 to April 30, 2024, amounts of more than R$12 million were registered in the name of three associations, of the five linked to Benfix, and Camisotti would have received it as an individual the amount of R$500 thousand coming from these operations, according to Coaf (Financial Activities Control Council).

The board’s report also shows that, between 2020 and 2024, the administrator’s movements would be incompatible with his assets, both as an individual and as a legal entity. Remittances of over R$150 million made by Camisotti to the BTG Pactual and Credit Suisse banks were identified.

At INSS, the case of associations that make undue discounts on the benefits of retirees and pensioners drew attention in 2023, in line with Gaeco investigations. All incident reports to which the Sheet had access deal with reports of discounts that began in October 2023.

At the institute, there are 32 processes involving more than 20 associations in investigations since then that could, at the end of the process, take away the right to discount the association’s monthly fees in the social security benefit. In other words, it is disqualified and can no longer function in this way.

THE Sheet the president of INSS, Alessandro Stefanutto, stated that the body took several measures against discounts after the institute monitored complaints against associations and noted that, last year, there were increases in irregularities as reported by federal government consumer protection bodies .

In March of this year, the INSS published regulations tightening the rules for discounting association monthly fees in retirement and pensions. Among the main ones are the implementation of biometrics for the signing of new contracts and the limit for charging union monthly fees established at 1% of the benefits ceiling, currently at R$7,786.02, which amounts to R$77.86 per month.

“We took several measures. We blocked all the benefits. So the insured person has to go there and unblock them, and it wasn’t like that before, the new ones were blocked, but the old ones weren’t released”, he says.

According to him, biometrics is in an intermediate phase, with provisional operation. This system preparation is carried out by Dataprev (Social Security Technology Company).

The main association cited in police reports and court proceedings is Ambec (Association of Mutual Retirees for Collective Benefits), one of the five linked to the company Benfix, which is managed by Camisotti.

In a statement, the entity, which has been operating since 2006, states that “it is an institution formed by INSS retirees and pensioners to defend the interests of INSS beneficiaries and contribute to improving the quality of life of its members and has been fulfilling this mission of correct and proven way”.

The other associations, including Ambec, say they repudiate “the accusations and conclusions without evidence”. Camisotti’s office states that he “does not manage or command any association”.

“The investigation concerns the entities, with Maurício Camisotti mentioned as a supplier, as well as several other suppliers. The investigation is ongoing and he remains available for any and all clarifications, convinced that there is no irregularity on his part”, says note.

What to do in case of unauthorized discount

Beneficiaries who do not recognize the associative monthly fee discount for their benefit can request the “exclude associative monthly fee” service through the Meu INSS application or website or through Central 135:

Go to “Services”, under “Most accessed”

Click on the “New order” button

Type “Delete monthly fee” in the search field

Click on the name of the service/benefit

Read the text that appears on the screen and proceed following the instructions

It is also possible to register a complaint with the INSS Ombudsman, also at Central 135 or through Meu INSS

It is important to also record what happened on the Consumer Portal; Depending on the amount of sanctions from the association, the company may be suspended and even have its contract with the INSS terminated