STF gives ten days for INSS to present plan for lifetime review
[ad_1]
The measure was approved in December by the Supreme
Minister Alexandre de Moraes, of the Federal Supreme Court (STF), determined that the National Institute of Social Security (INSS) present a plan for reviewing the entire life of pensions. The autarchy has a period of ten days to present the plan. The deadline will be valid from this Friday (3).
The lifetime review was authorized in December, when the Supreme Court recognized the right to recalculate retiree benefits, ending decades of legal wrangling.
According to the decision, the review can be requested by retirees and pensioners who started contributing to the INSS before July 1994, the month in which the Real Plan was created, and who retired between 1999 – when the government changed the rules for calculating benefits after carry out a pension reform – and the 2019 pension reform.
The INSS, however, asked the Supreme Court to suspend the progress of judicial proceedings on the matter, as it would not currently have the technical possibilities to recalculate pensions based on the new rule. The municipality estimated that the procedure should involve 51 million active and inactive benefits.
One of the difficulties presented was that the current Dataprev systems do not provide for the calculation considering wages prior to July 1994, requiring technological changes to make the procedure feasible. This at a time when the current queue of beneficiaries waiting for social security calculations reaches 5 million people, the agency stressed.
Moraes recognized the technical difficulties, but stated that the STF’s decision cannot remain without a practical result. “In fact, millions of Social Security beneficiaries have been waiting for years for a response from the Judiciary, in matters related to basic fundamental rights, linked to their own subsistence and the dignity of the human person”, he wrote in the decision.
The minister added that “it is necessary that the requesting social security autarchy inform how and within what deadlines it proposes to give effect to the understanding defined” by the STF. Only after receiving and analyzing the plan will it decide on the request for suspension of the proceedings, said Moraes, who is the rapporteur of the appeal in which the matter was judged.
* With information from Agência Brasil
Read more:
Benefit of a minimum wage without contributing to the INSS? See when this is possible
INSS server in Amazonas is convicted of fraud
Registration for the INSS contest begins this Friday (16)
[ad_2]
Source link
