Special retirement: Senate approves extension of rights – 05/13/2023 – Market

The Senate approved last Wednesday (10) a complementary bill that regulates the granting of special retirement for dangerous work, which poses a risk to health or physical integrity. The text was approved by 66 votes to zero and goes to the Chamber of Deputies.

The project establishes criteria for the characterization of dangerousness that were pending since the approval of the Social Security reform, in November 2019. The text includes municipal guards, people who perform surveillance services, pilots, co-pilots, flight attendants and professionals who work in stations, substations and in the maintenance of the electric energy system among the professions with this right.

Another change was the inclusion of a benefit for those working in underground or surface ramp mining, or workers with exposure to asbestos and asbestos. This payment will depend on remaining in the activity for a period longer than the limit required for retirement.

In addition, the bill maintained some rules established in the Social Security reform to determine special retirement. For those who were in a profession with a risk to health or physical integrity before November 13, 2019, the score calculation was maintained.

For workers who joined after the 2019 reform, retirement is determined by the minimum length of stay in this activity, which varies from 15 to 25 years, depending on the risk of the job. The end of the conversion of special time in common for calculating retirement was also maintained, which was allowed until 2019.

For lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), the text approved in the Senate was good, but it can be improved in the Chamber. “The text lost the opportunity to have included the individual taxpayer. The dangerous part was good, but the text could be further discussed. There are many issues that can be judicialized and the Chamber can change that”, she explains.

In practice, social retirement is a benefit that makes it possible to anticipate the retirement of workers who have their health compromised by being in a harmful area. This anticipation works as a protection for the professional.

What passed the Senate?

The Senate approved a text that determines the dangers that characterize special retirement. It is granted to people who work with effective exposure to harmful chemical, physical and biological agents that harm health.

The situation needs to occur on a regular and permanent basis, exposure to harmful effects being essential for the execution of the work.

In the approved text, these are the cases of those who work with:

• underground mining

• Surface ramp mining

• Exposure to asbestos or asbestos

• Exposure to non-ionizing radiation originating from an electrical source, such as those who work in electricity generation, transmission lines, substations or electricity distribution or transformer stations

• Metallurgy with exposure to chemical, physical and biological harmful agents

• Overt surveillance activity, transport of valuables and municipal guard, regardless of the use of a firearm

• Activity exposed to abnormal atmospheric pressure inside an aircraft, such as pilots, co-pilots and flight attendants

According to the text approved in the Senate, the only activity considered high risk is underground mining.

Moderate risk trades are surface ramp mining and workers with exposure to asbestos and asbestos. The others included by the Senate are considered low-risk activities.

Each classification has a different rule for special retirement, which also depends on whether the person started in the profession before or after the 2019 pension reform.

“The INSS has not accepted dangerous work since 1997, this is only possible in court. The regulation of the special time being in the law will make it easier, as the INSS starts to recognize it”, explains Adriana Bramante.

For high and medium risk professions, a benefit was also established. To obtain it, workers will have to stay 40% longer than the minimum time required for retirement in the activity they perform.

In the case of underground miners, this is six years longer, in addition to the 15 required for retirement. As for surface ramp miners and those who work exposed to asbestos and absentee, the time is eight years longer, in addition to the 20 years already required.

If this extra period is met, the worker will be entitled to stability for 12 months, and the company is obliged to reallocate him to another profession that is not exposed to dangerous conditions. After the 12 months, the worker will be entitled to an indemnity benefit of 15% of the salary value in addition to his income. This monthly payment has to be made until the day he retires or dies.

What are the calculations for special retirement?

The bill approved by the Senate maintains the rules stipulated in the Social Security reform to determine who is entitled to special retirement. Before November 13, 2019, workers who worked in areas considered to be of low risk (such as health professionals, chemists, locksmiths, security guards, among others) needed to contribute for 25 years of work in these sectors and could retire at any age. .

The others, in activities such as surface slope miners or exposed to asbestos, needed 20 years of contribution and, in the case of underground ore, 15 years.

Now, there are two retirement possibilities. For those who were already in the job market, it is necessary to reach a minimum score, which adds up to age, time of contribution and time of activity in the dangerous area.

For the worker who entered the market after the changes, retirement is only possible after reaching the minimum age required according to the degree of exposure, in addition to having the minimum contribution time.

The rules are being contested in the STF (Federal Supreme Court) by the CNTI (National Confederation of Workers in Industry) through ADI (Direct Action of Unconstitutionality) 6,309. The trial of the process began on March 17, but was interrupted after a request for a review by Justice Ricardo Lewandowiski and remains suspended with one vote in favor and one against.

How it was before the renovation

Upon completing the minimum age, the insured person could request the benefit

Activity risk	Minimum contribution time to the INSS
Light	25 years
Moderate	20 years
High	15 years

How did it look after the renovation?

For those already in the job market

The minimum score rule is used, which adds the age of the insured person with the contribution time and the time spent in the dangerous activity. It is necessary, however, to have the minimum contribution time, according to the degree of risk of the activity.

According to the text approved in the Senate, the only activity considered high risk is underground mining. Occupations with moderate risk are surface ramp mining and workers with exposure to asbestos and asbestos.

The others included by the Senate are considered low-risk activities. From there, it is necessary to make the sum of age, contribution time and time spent in the activity and reach the following score

See the table below

Degree of activity	Minimum INSS time	minimum score
Light	25 years	86 points
Moderate	20 years	76 points
High	15 years	66 points

For example, if a person is 43 years old and has been working in a low-risk activity (as a municipal guard) for 25 years and has contributed to the INSS since then, he can retire, as the sum gives 93 points, with 43 for age , plus 25 for work in special activity and 25 for contribution time.

For those who entered the job market after the reform

In addition to the minimum contribution time, the insured person will have to reach the minimum age required according to the degree of risk, dangerousness or unhealthy nature of the activity carried out.

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

New calculation

Before the reform, special retirement was integral, that is, it paid 100% of the average salary made with the 80% highest salaries since 1994 —the lowest 20% contributions were discarded. After the reform, an average is taken of all wages since July 1994 or since when the worker started contributing to the INSS, and then the calculation is applied, which starts at 60% of the average wage and varies according to the length of contribution. Each extra year beyond the required minimum guarantees 2% more in the calculation.

Special to common time conversion

In the text of the bill approved in the Senate, the rule was maintained that prevents the conversion of the time that the worker works in a dangerous activity to be included in the common retirement, which guaranteed a bonus in the contributions, making the insured person able to retire before others.

Since November 2019, the years worked in a dangerous activity count as if it were the period of a job without dangerousness for the calculation of common retirement. In order to take advantage of special retirement, he needs to meet the minimum period required after the social security reform to earn this benefit.

Before the Social Security reform, the professional who worked part of his life under conditions of vulnerability, dangerousness or unhealthy conditions, but later changed professions and started to work in an area without risk could convert the time of special contribution in common.

For this, a table was created, in which the citizen multiplies the time in which he worked in a special activity by the conversion factor, according to the risk. With the reform, however, this conversion of special time in common is valid only for work carried out until November 13, 2019, when the insured person multiplies the days worked by the risk of the activity, following the table below.

Activity risk

Time to convert until November 13, 2019	Woman	Man
low risk	1.2	1.4
medium risk	1.5	1.75
high risk	two	2.33