Review of a lifetime: understand what it is, how the calculation is done and who can request it

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The decision of the STF validated the recalculation of retirement, but a specialist in Social Security Law warns that there are few cases in which any advantage will be gained. Retirees and pensioners should pay attention to the calculation of the review of their entire lives before filing an action requesting a recalculation. Freepik After the decision of the Federal Supreme Court (STF) to validate the so-called lifetime review, g1 listened to the lawyer specializing in social security law João Badari and prepared a guide to explain the main points of the subject. Badari adds that the number of people who can be benefited is small – not all retirees and pensioners fit the criteria to request the review and, among these, the group of those who will have an increase in the benefit received is even smaller (See more below). “In my office, out of 10 people who can ask for a review, only 2 will have some advantage. It’s for a minority.” Below you will see: What is the lifetime review? Why did the STF validate the lifetime review? When is it worth asking? How did the Real Plan and the latest social security reforms enter history? Who can and who cannot request a lifetime review? How to apply and deadline What if the lifetime review proves detrimental to retirees or pensioners? Number of cases pending in court 1. What is a lifetime review? The lifetime review is the recalculation of the retirement amount. The account takes into account all installments paid by a person since he started contributing to the INSS and can increase the benefit received by retirees and pensioners. Back to start. 2. Why did the STF validate the lifetime review? The case of a retiree who began his contributions to the INSS in 1976 reached the STF. He began to receive retirement in 2003 and had the benefit calculated not by the payments he made since 1976, but since 1994. This happened due to a rule established by the Reform of the 1999 Social Security (See more in item 4 below). He received R$1,493.59. If all his contributions since 1976 were considered, he would receive R$1,823-a monthly gain of R$329.41 (22% more). Considering the 13th, the annual difference would be R$ 4,282.33. The calculation harmed the retiree, who received less than what he would have been entitled to if all the contributions he made during his lifetime had been considered. The decision of the STF for this case established that all contributions must prevail in the calculation of the benefit, if the result is more favorable to the insured person. The court also determined that all actions asking for a lifetime review that were stalled in court can be resumed. Back to start. 3. When is it worth applying? The whole life review operates by a logic contrary to the salary evolution experienced by the majority of the population: it benefits those who earned more at the beginning of their careers and started to earn less. Normally, workers start their professional life receiving less and, as they gain experience and knowledge, they start to have higher wages. Thus, in practice, the request for a lifetime review is only advantageous for those who received higher salaries before July 1, 1994. This is because these values ​​will be included in the group of the greatest contributions made throughout the worker’s life become part of the calculation for retirement. Back to start. 4. How did the Real Plan and the latest social security reforms enter history? The Real Plan implemented the Real as the current currency in Brazil as of July 1, 1994. Previously, the country’s currency was the Cruzeiro Real. In 1999, there was a Social Security Reform, which established two rules for calculating citizens’ retirement. One was the Definitive Rule and the other was the Transitional Rule. Transitory Rule: Applied to those who have already contributed to the INSS since before the currency exchange in Brazil, i.e. people who started working before 1999. 👉 The idea of ​​the Transitional Rule was to soften the impact of the Pension Reform for this group. The calculation of retirement for these people considered 80% of the largest contributions, but only those made from July 1, 1994. Definitive Rule: applied to those who started working with a formal contract and contributing to the INSS from 1999 onwards. 👉 The calculation of retirement for this group considered 80% of larger contributions throughout life. The 2019 Pension Reform, in turn, ended the review of a lifetime. Therefore, those who retired from 2019 are not entitled to ask for a recalculation of their retirement – but there are exceptions. Those who already had the right to retire before the 2019 reform, but chose to retire after that date, can request a lifetime review. Specialist in Social Security Law João Badari explains that these people have the so-called “acquired right”. Back to start. 5. Who can and who cannot apply for a lifetime review ✔️ Anyone who meets all the criteria below can apply for a lifetime review: Have received the first installment of retirement between 2013 and 2019; Having started contributing to the INSS before the currency change in force in the country, that is, before July 1, 1994. ❌ Whoever: Retired after the Social Security Reform of July 13 is not entitled to request a lifetime review November 2019; He began to contribute to the INSS after the Social Security Reform of November 26, 1999; Received the first installment of retirement over 10 years ago. Back to start. 6. How to apply and deadline Badari explains that the only way to apply for a lifetime review is through legal action. “It’s not just asking at the counter or through the digital channels of the INSS. You have to file a lawsuit”, he says. He also advises retirees and pensioners to look for a specialist to make the calculation before filing a lawsuit with the judiciary. Badari explains that it is possible to request a review without resorting to a lawyer if the value of the action is less than 60 minimum wages (R$79,200 currently), but that this is not recommended, due to the complexity of the documentary and accounting work. “Daily cases appear to me of retirees who filed a lawsuit without lawyers and who were unable to prove their wages. Some were able to prove it, but did not attach the correct documentation. And there are others who could have received much more, but were unable to demonstrate it” , reports. “I’ll give José as an example. From BRL 1,500, his retirement went to BRL 1,800. He could have received more than BRL 2,500, but he couldn’t show it in court and there’s no way to file another lawsuit”, he adds. the lawyer. Another expert’s guidance is that whoever has the right to request the review make the request as soon as possible, since the decay period can prevent the opening of the action. “Decay period” is a legal term and corresponds to the period of 10 years, during which the citizen has the right to request the recalculation of the retirement. Until May 1, 2023, for example, only those who have received the first retirement installment before May 1, 2013, and so on, can request a lifetime review. Back to start. 7. What if the lifetime review proves detrimental to retirees or pensioners? The position of the STF also determined that, if the result of the recalculation is harmful to the citizen, the review of the whole life must be disregarded. “The insured person who implemented the conditions for the social security benefit has the right to opt for the definitive rule, if it is more favorable”, established the court. João Badari explains that the citizen does not need to do anything if it is found that the lifetime review will reduce the value of the benefit received. “The judge himself will extinguish the action, arguing that there is no interest in acting”. Back to start. 8. Number of cases pending in court According to Minister Rosa Weber, the number of lifelong review processes suspended is 10,700, a number considered low by legal professionals. Badari reiterates that there are few people for whom the whole life review can generate benefits. According to him, the number of people who must fit the criteria required for the review is less than 1 million, and those who will benefit from the recalculation form an even smaller group. “In practice, acting in the processes, there are actions that give gains of R$ 300,000, R$ 400,000. But these cases are the exception of the exception”. Back to start.

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