STF postpones judgment on INSS “lifelong review” until March

The Federal Supreme Court (STF) decided to postpone this Thursday (29) the resumption of the trial on the “lifelong review” of pensions from the National Social Security Institute (INSS). The new date should be defined this Friday (1st), but the expectation is that the case will be judged in March. The process was on the agenda of this week’s sessions, however, the ministers needed to judge the “electoral leftovers” and actions on environmental policy.

In December 2022, the Court’s plenary authorized the recalculation of the benefit to include contributions prior to the implementation of the Real Plan, in 1994. The decision affects those who started receiving retirement between November 1999 and November 12, 2019 and have contributions prior to July 1994.

At the time, the STF understood that the beneficiary can choose the calculation criterion that yields the highest monthly value, and it is up to the retiree to assess whether the lifetime calculation can increase the benefit or not. Now, the ministers are analyzing the declaration embargoes presented by the INSS. The authority defends the modulation of the rule so that the recalculation cannot apply to extinguished benefits, final and unappealable decisions and installments already paid.

The Union estimates an impact of up to R$480 billion if the 2022 thesis is maintained, while entities representing policyholders calculate values ​​between R$1.5 billion and R$5.5 billion. The final value will depend precisely on the time limit established by the STF for reviewing pensions. The calculation must also consider inflation and the average life expectancy of beneficiaries.