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A special retirement is a benefit granted by the National Institute of Social Security (INSS) to the insured who worked in an unhealthy area. However, those who receive the special benefit and continue or want to return to work in a risk area may have their payment interrupted.
This is because the Federal Supreme Court (STF) decided, in June of this year, that the autarky can cut the pensions of the insured who return to carry out activities harmful to health. However, one strategy to avoid the cut is to change the type of retirement, by INSS review or in court.
The change in the type of retirement is guaranteed by law, due to the possibility that the beneficiary chooses the most advantageous rule. In most cases, the special retirement is better than the ordinary retirement, since in the first case the insured receives full income. Regarding the common benefit, there is a discount on the amount due to a social security factor.
However the rule 85/95, created in June 2015 and valid until the end of 2019, allows the beneficiary to maintain their income and carry out activities that are harmful to health. According to the document, the retirement for common contribution time could be granted in its entirety, provided that the insured had reached the required score by the sum of the retirement period with the age.
How to request the review?
The insured can request the exchange of the benefit directly to the INSS. However, in case of refusal, there is also the possibility of appeal to the Special Federal Court. It is recommended that the beneficiary seek an attorney to assist in the process, as the review involves specific calculations.
It is also worth mentioning that the 85/95 special progressive retirement is only valid for insured persons who have met the requirements to receive these benefits in 2019. That is, before the Pension Reform.
The beneficiary needed the sum of age and contribution time to reach the following score:
- 85 points (women)
- 95 years (male)
As it is a progressive rule, it predicted an increase in the score every two years. Therefore, as of December 30, 2018, the required score increased to 86 points (women) and 96 points (men).
Also read: Find out what will be the values of INSS benefits in 2021
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