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Workers of unhealthy activities, with damage to their health and physical integrity, can convert the period of sick leave special time. The decision came from the Superior Federal Court (STF), which authorized the inclusion of sickness benefits in the special retirement on Monday 26.
The virtual plenary session of the STF rejected the INSS appeal that challenged the ruling on this issue made by the Superior Court of Justice (STJ) in 2019. Therefore, from now on, judges at all levels must consider guidance.
In other words, if a worker was removed for disability while performing an unhealthy activity, the time in which he received sickness benefit will also be counted as special. In practice, the taxpayer may anticipate profit retiring from any illness, even one unrelated to the profession.
What changes?
There are two types of benefits for sickness, accident and social security. The first is aimed at disabilities caused by occupation, such as injuries caused by work accidents. In this case, the INSS recognizes the free time in the special retirement count.
However, until then this did not apply to sickness benefits. social Security, focused on cases in which the inability to work is not directly related to the professional activity. With the STF’s decision, this type of assistance also became special time.
With that, according to Priscila Arraes Reino, deputy coordinator of the Brazilian Institute of Social Security Law (IBDP), Justice will anticipate the retirement of many workers.
However, it should be mentioned that the practical effects of the decision are only valid for insured persons whose period of absence occurred until the Pension Reform. That is, November 12, 2019.
Counting the special time
Before retirement, the time spent working in special activities due to exposure to agents that are harmful to health (noise, chemical products, among others) could increase by 20% (women) and 40% (men). This count allows retirement with 25 years of special activity.
However, as of November 12, 2019, the rules have changed. The INSS maintained the requirement of 25 years of special activity. However, it also began to require that the sum of age with time of contribution yield at least 86 points. In this case, each year of life or work corresponds to one point.
Also read: INSS increases retirement by 25%; Know who can get 28
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