INSS: STF judges minimum age for special retirement – 03/18/2023 – Market

In judgment at the STF (Federal Supreme Court), Justice Luís Roberto Barroso recognized as constitutional the devices of the Social Security reform that determine the application of a minimum age in the special retirement of the INSS (National Social Security Institute).

Barroso is the rapporteur in ADI (Direct Action of Unconstitutionality) 6309, proposed by the CNTI (National Confederation of Industry Workers), which began to be judged in the virtual plenary of the Supreme Court this Friday (17). The trial should end next Friday (24).

In the action, filed in early 2020, the CNTI defends the unconstitutionality of the reform rules that determined the institution of a minimum age in special retirement, a minimum score during the transition period and the end of the conversion of special time in common.

For the confederation, the new norm, which came into effect on November 13, 2019, violates the Constitution, as it ends the purpose of this type of benefit, to prevent the professional who works in an activity that is harmful to health from suffering damages as a result of the exposure to the noxious agent for a longer time than he can withstand.

With this, the argument used is that the worker in these conditions cannot wait for the minimum age in harmful activity, risking his health. Fernando Gonçalves Dias, who defends the confederation in the Supreme, says that, if the STF defines the rule as constitutional, the special retirement may cease to exist.

“It will be an extinct retirement, you can say that, although it exists in the law. What will happen is that these people who would be entitled to special retirement will either end up getting sick and retiring due to disability or will receive assistance due to disability or will still wait even common retirement”, he says.

Minister defends pension reform

In his report, Barroso points out, among other points, concern about public spending as a result of the population’s greater life expectancy and says that the Social Security reform follows similar rules valid throughout the world.

“The establishment of a minimum age to enter into inactivity early –that is, before the time required of workers in general– is not exclusive to Brazil. Quite the reverse: this has already been a reality in several countries for a long time, with a global trend that special retirement regimes become more and more exceptional or even disappear”, said the minister.

Until 11 pm this Friday (17) only Barroso’s report and his vote had been published. The others have not yet commented. Actions in the virtual plenary have a deadline of one week for completion. In the course of the decision, a minister may ask for a review —pause in the trial to better analyze the case— or highlight, which is when the action can be debated and judged in the physical plenary.

A request for review was made by the IBDP (Brazilian Institute of Social Security Law), but was denied by Minister Barroso.

What is the INSS special retirement like?

Until the Social Security reform, special retirement was granted to workers with 15, 20 or 25 years of exposure in unhealthy areas, with no minimum age to apply. After the reform, there is a minimum age for those who entered the labor market after November 2019. Those who are already active have a transition rule, with a minimum score.

The reform changed the calculation of this benefit —and the others—, implemented a minimum age for INSS retirements and ended the conversion into common time for activity carried out after the reform, which, before, guaranteed a bonus in the contribution period for those who did not he had worked the whole period in special activity.

Minimum age for special retirement after retirement

This rule is valid for policyholders who entered the labor market after publication of the Social Security reform. The others, who were already contributing to Social Security, can retire under the transition rules, which have a minimum score.

Special time required to retire	Minimum age
15 years	55 years
20 years	58 years old
25 years	60 years

Minimum score rule in special retirement

For those who were already in the job market, there are transition rules by points. In this case, it is necessary to add the contribution time with age.

66 points
For activities that require 15 years of effective exposure

76 points
For activities that require 20 years of effective exposure

86 points
For activities that require 25 years of effective exposure

Calculation to have the benefit also changed

Before the Social Security reform, special retirement was full, that is, it paid 100% of the average salary with the highest 80% salaries since 1994 (the lowest 20% contributions were discarded).

Now, special retirement began to consider the average of all salaries, with 60% of this average plus 2% per year of special work from 20 years of special activity, for men, and from 15 years for women. .

The man who retires with contribution time between 15 and 20 years will have 60% of the average salary. For underground miners and women, the pension increases from the 16th year of extra pay. To have full income in special retirement, women will need to collect for 35 years, and men for 40 years.