STF has majority to give special retirement to police officer – 07/05/2023 – Market

On June 30, the STF (Federal Supreme Court) formed a majority of votes for civil police officers in risky activity to be entitled to full pensions (retirement equal to the last salary received) and parity (same adjustments as active workers).

Based on complementary law 51/85, the proposal is to differentiate civil police officers exposed to risk from other civil servants, who have stricter age and contribution time rules.

The category has been in a kind of limbo since the pension reform was approved in 2019.

The virtual trial of the subject began on June 23, when the reporting minister Dias Toffoli voted in favor of the civil police public servant who met the requirements for special retirement under the 1985 rules to be entitled to full retirement. He was followed by ministers Gilmar Mendes, Luiz Fux, Edson Fachin, André Mendonça and Nunes Marques.

In his vote, Toffoli recognized the possibility of a complementary law regulating the special police retirement to establish age, contribution time and differentiated calculation rule for police officers.

“We will wait for the decision to be concluded and published to see if there is something that can be extended to those who work with harmful agents, which are the majority of cases. judgment”, says lawyer Adriane Bramante.

The trial was suspended due to a request for a review by Minister Alexandre de Moraes and will resume in August, after the STF recess.

The original action is from 2018 by a civil servant against the Public Treasury of the State of São Paulo and SPPrev (São Paulo Previdência). The plaintiff asked for the granting of a special retirement with the rules of parity and integrality, defending fulfilling the requirements foreseen in the complementary law 51/85 and in article 40, paragraph 4, of the Federal Constitution.

The state appealed, alleging unconstitutionality due to an amendment that meant that the new civil police officers were no longer covered by integrality and parity, rights currently guaranteed to civil servants who joined the public service until December 31, 2003.

The RPPS (Social Security Regime) of civil police officers is managed by state federative entities. Therefore, each state has the obligation to regulate its own norms on the social security of the category.

In most Brazilian states, civil police officers are compulsorily retired at the age of 75. In the case of special retirement, the minimum age required, in general, is 55 years.

The calculation of retirement considers the date of entry into the public career. Before the reform, the category received full retirement, with the right to parity. For officers who retired after November 2019, the calculation changed:

• From the average of the 80% highest contribution salaries since July 1994
• The average will be monetarily corrected up to the month prior to the retirement request

In São Paulo, the concession of the benefit follows the rules of the state pension reform:

• Compensation is calculated from the average of all salaries since July 1994
• The average will be monetarily corrected up to the month prior to the retirement request
• Receipt will be 60% of the average plus 2% when exceeding 20 years of contribution