INSS: release of payroll without authorization will result in a fine – 08/15/2023 – Market

Banks and financial institutions that release payroll loans to INSS (National Social Security Institute) retirees without authorization may be fined 10% of the amount. The measure is part of bill 2,131/07, approved by the Chamber of Deputies on Wednesday (9), and includes loans for federal and CLT public servants.

Presented by former deputy Edgar Moury (MDB-PE), the project, which will still be voted on in the Senate, protects financial operations such as loans, financing, credit cards, payroll benefit cards and commercial leasing.

Payroll credit is a loan that has a direct discount on the benefit or salary of those who hire. With this, the risk of default is practically zero.

The 10% fine to be applied to the institutions will refer to the amount automatically deposited in the beneficiary’s account. The bank will not be fined if it proves that there was a justifiable mistake or that the alleged fraud occurred without the participation of the bank or its contractors.

If the financial institution does not prove that it was an error that it did not participate in the loan without consent, the money reverts to the injured customer. The project determines as a justifiable error the company’s action that does not arise in bad faith or that was not purposeful, according to the understanding consolidated by the STJ (Superior Court of Justice) in 2020, in judgment on article 42 of the CDC (Code of Defense of the Consumer).

For Congresswoman Laura Carneiro (PSD-RJ), rapporteur for the project, the proposal is a victory that corrects years of abuse, especially against retirees. “He [o projeto] was negotiated with all parties, all leaders, with Febraban [federação de bancos]. For the first time in history, the country establishes that banks have to create conditions to definitively curb fraud,” he said.

What is the purpose of the bill?

The project intends to avoid situations in which retirees or other beneficiaries receive amounts without authorization, resulting in charges. The release of payroll without authorization, that is, without a request from the citizen, burdens the beneficiary, because, often, the retiree does not have control of the amount that entered the account and, if he spends it, it is as if he had accepted the loan .

In addition, the discount of loan installments reduces the INSS benefit, in the case of retirees and pensioners, or the salary of civil servants or CLT employees.

The approved text defines that the customer will have a period of 60 days, from the receipt of the amount, to request the return of the deposited money. The request can be made through any official communication channel of the company without the need to go to a physical agency.

Milton Cavalo, president of Sindnapi (National Union of Retirees, Pensioners and the Elderly), sees the approval of the law by the Chamber as positive. “It is essential to curb the harassment that retirees face practically every day from financial institutions and banking correspondents, calling insistently, offering loans”, he says.

In a note, Febraban states that it has already created its own way of self-regulation of payroll loans in January 2020, which has 45 financial institutions, responsible for applying 1,210 punishments to bank correspondents due to irregular practices in the offer and contracting of the product since then. .

“Based on these assumptions, Febraban dialogues with parliament, seeking to contribute to the improvement of the project with a view to finding a balance between consumer protection and the product’s commercialization model”, stated the institution.

Payroll interest caused controversy this year

The bill comes amid a recent debate over payroll interest rates. The arm wrestling match between banks, representatives of retirees and the Ministry of Social Security took place in March, after the CNPS (National Social Security Council) reduced rates under certain pressure from the ministry. The drop to 1.70% per month in the payroll loan made at least ten large banks and finance companies stop offering credit to INSS beneficiaries.

The imbroglio only ended after an increase in interest rates, brokered by the Palácio do Planalto and President Luiz Inácio Lula da Silva, raising the rate to 1.97% per month, as per the council’s decision, but keeping interest at a lower level than it was being practiced since the end of 2021.

Next steps

The bill now goes to the Senate where it will be analyzed. In case it undergoes any change, it will return to the Chamber, only later to be read for presidential approval. If there are no vetoes, the measure takes effect after being sanctioned by the President of the Republic.

The lawyer specializing in tax law, José Antonio Miguel Neto, said that the approval helps to correct a problem. “The Judiciary had already been applying fines and canceling this type of operation. The project comes to meet this demand from the Judiciary.”

According to data from Procons throughout Brazil, in 2022, more than 57,800 complaints of payroll loan scams were made, which represents more than six complaints per hour.

According to Cavalo, the number is frightening, but he notes that retirees have sought more help. “We have noticed an increase in the demand for guidance from associates in our legal department, which this year has already handled 800 consultations of this type”, he says.

How to avoid payroll scams

Leandro Silva de Moura, a lawyer specializing in social security law, says that, in order not to be a victim of payroll scams, the ideal is to do all financial operations personally. “Ask for help only from duly identified professionals within the agency.”

Another tip is to block the benefit for loans, a measure that is done automatically in the case of those who retire. “One thing that is relatively easy to do is to block the benefit to apply for loans, this measure makes it difficult for loans to be implemented in retirement, pension and other payments made by the INSS”, he explains.

And if the person is a victim of a scam, the first step is to register an incident report, then contact the INSS by phone 135 to verify what happened and request the blocking of the benefit and, finally, go to the bank where values ​​have been deposited.

“The person needs to take some care, including requesting a copy of the contract, in addition to the documents that were collected, in search of possible fraud, as well as obtaining evidence to demand their rights. The interesting thing is to document as much as possible, to take the necessary legal measures as soon as possible”, says the lawyer.

How does the INSS payroll work?

Payroll is a credit with a direct discount on the payroll. In the case of the INSS, interest is controlled by the CNPS. The fee set on the board is the maximum that can be charged. The INSS insured can commit up to 45% of the benefit with the payroll loan. Of this total, 35% are for the personal loan, 5% for the payroll credit card and 5% for the benefit card, created last year.