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As of the publication of the constitutional amendment 103 published on November 13, 2019, the famous pension reform, numerous doubts came to light both from INSS taxpayers and from Social Security Law professionals.
And there were many doubts, criticisms and information that ended up falling apart when dealing with changes related to the benefits of the INSS. In all this discussion, one point in particular attracted much attention and discussion, the termination of the Contribution Time Withdrawal, which directly affects INSS policyholders.
However, keep calm! Not everything is lost and respected, the acquired right of the amendment brought transition rules that we will now analyze, of course with simplified language and without the intention of exhausting the subject but addressing its main points so that all audiences can have an easy understanding of such rules.
Retirement by contribution period
Retirement by Contribution Time is the pension benefit par excellence, granted to the insured who completes a certain period of affiliation and contribution to Social Security. It can be divided into Integral and Proportional.
Retirement by contribution time is legally provided for in the Benefits Law number 8,213 of July 24, 1991 and its article 18, I, c, and had / has its requirements of Art. 52 of the same law.
Through retirement by contribution period, the insured were able to achieve an initial income of up to 100% on the salary of the benefit, where women needed 30 years of contribution and men 35 years of contribution. It should be remembered that if the beneficiary did not choose to work five more years to reach the value of 100% of the benefit salary, 70% was guaranteed.
contribution, of course, if the insured for some reason did not want to work five more years to reach 100% of the benefit salary, 70% would be guaranteed if they chose to receive it earlier, 25 years of contributions for women and 30 years for mens.
Right acquired
The acquired right is what is already yours by right. You have already completed all the legal requirements to be eligible. This is constitutional.
In retirement, the right is when you meet all the legal requirements to retire.
In practice, this means that if you met all the requirements for retirement by contribution period in September 2019, you will always continue to be entitled to this retirement, with the rules that were in force in 09/2019, before the promulgation of the Reform. Social security.
Article 5 XXXVI of the Federal Constitution that the law will not undermine the acquired right, the perfect legal act and res judicata. This time, although Constitutional Amendment 103 of 2019 did not mention anything about the past legal relationships achieved by the previous legislation, it would not suffer any loss under this constitutionally protected principle.
However, the constitutional amendment brought transition rules that allow policyholders, who were already in the system, to analyze them and choose the one that best suits their needs, being able to even opt for the rules prior to the 103rd amendment of 2019 or the new that the amendment brings. we will begin to analyze them.
Point rule
In general, this rule should be the main one to pay attention to the end of the transition rules that the reform brought. The point rule uses parameters such as the sum of the age plus the contribution time, where the sum of both requirements must reach 86 points for women and 96 points for men. It should be remembered that as of January 1, 2020, the age criterion will be increased each year by 1 (one) point, until reaching the limit desired by law, of 100 (one hundred) points for women and 105 (one hundred and five ). ) points yes man.
Minimum age rule
With the exception of the acquired right as mentioned above, in this rule the main issue to observe is the age criterion, that is, different from the points rule, in this we have a minimum age to observe, which will increase by six months every year until the necessary minimum ages are reached, which in the case of women will be 62 (sixty-two) years to be stagnant in 2031 (two thousand thirty-one) and 65 (sixty-five) years for men that will occur in 2027 (two thousand twenty-seven).
In addition to the minimum age, a minimum time must also be reached in the contribution criterion, that being a man 35 (thirty-five) years and a woman 30 (years), once this criterion is exceeded, we must observe the age in 2019 , in 2019 I was 56 (fifty-six) years old as a woman and 61 (sixty-one) as a man. Remembering! Each year, it increases by six months until it reaches the ages mentioned in the first paragraph.
50% toll rule
Perhaps tolls are the rules that most confuse policyholders, as many feel burdened by having to work longer to qualify for the benefit, unfortunately they are not entirely wrong, but it is the price you pay for living in a democratic state . law and we have to stick to meeting all the criteria.
This rule does not apply to all insured, since Art. 17 is very clear when it conditions the application of the 50% (fifty percent) toll to those taxpayers who were present on the effective date of Constitutional Amendment 103 within 2 (two) years of reaching the contribution time of 30 (thirty) years for women and 35 (thirty-five) years for men.
Anyone who is only two years away from completing the minimum contribution -30 years if they are a woman and 35 years if they are a man- will be able to retire without reaching the minimum age, after paying a 50% toll on the remaining time. For example, if you are two years old, you will have to work three years (50% of two is one).
Women with at least 28 years of contributions and men with at least 33 years at the time of the entry into force of the reform will be able to opt for this modality. These policyholders must contribute up to one more year to be able to retire.
The amount of retirement will be equal to the average salary multiplied by the social security factor. With the approval of the reform, this average will be calculated with all payments made since 1994, without ruling out the lowest 20%, as is the case today.
A man with 34 years of contributions will have to continue working a year and a half more to retire: one year to complete the minimum of 35 and another six months for the 50% toll.
100% toll rule
Unlike the 50% (fifty percent) toll rule, this applies to all policyholders under the general scheme. However, two criteria, age and time of contribution, must be cumulatively met. As a woman, the minimum age is 57 (fifty-seven) years of age and 30 (thirty) years of contribution, and for men, 60 (sixty) years and 35 (thirty-five) years of contribution.
In summary, this benefit consists of applying an additional 100% (one hundred percent) to the time remaining for the insured to comply with this rule. Example: if the insured had to contribute for 3 (three) years to reach the contribution period, remembering the age criterion, they must comply with another 3 (three) years of contribution after reaching the time to benefit from this rule.
conclusion
The insured, based on the new transition rules and the new rules that may come, must increasingly program to develop pension plans that can benefit him in the future when requesting retirement, if the contract can end. surprisingly negatively with the amount you can receive.
Additional advice from Jornal Contábil: Understand and carry out the INSS procedures to enjoy social security benefits.
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