The INSS policy holder can retire from retirement; see how | Economy

According to João Badari, a lawyer specialized in Social Security Law and partner of Aith, Badari and Luchin Advogados, to formalize the withdrawal, the insured can carry out the operation online, through the website or Meu INSS application. It is necessary to send an account statement from Caixa Econômica Federal, indicating that it has not made withdrawals from PIS and FGTS, or from Banco do Brasil, in the case of Pasep, and complete a GPS (INSS payment guide) for the amount deposited by the institute.

Thus, whoever does not agree with the amount when receiving the INSS grant letter can withdraw from retirement and, administratively, request another benefit with a higher amount. The application is also requested by the My INSS website or application.

There is also another possibility of withdrawal. If the retirement has been granted automatically (when the INSS notifies the insured that he is already entitled to the benefit), and the income has been released, the insured should not withdraw FGTS and PIS / Pasep, nor should he withdraw the pension. amount deposited in the first months.

“It is important to remember that in 2017 the automatic retirement by age was implemented and, this year, it was also extended to pensions by contribution period,” emphasizes Badari.

“So, not withdrawing the amounts of these benefits is the golden rule to resign and cancel the retirement claim. In other words, with the act of withdrawing the benefit, social security understands that the retirement claim cycle is closed and the insured must receive the amounts calculated until the end of their life ”, he completes.

Reasons for withdrawal

According to the lawyer, withdrawal cases often occur among the insured who have the incidence of the social security factor in their pensions. The factor can represent a loss of up to 40% in the benefit amount. In such cases, the worker can request the withdrawal and continue with their activities and contribution time to improve their benefit.

The number of dropouts has grown in recent years due to the Pension Reform. Many policyholders were worried and fearful of the changes in the retirement rules and rushed to claim their benefits. The result was the release of many pensions with the incidence of the social security factor, which had a negative impact on the values ​​of the initial income from the benefits.

According to Badari, with the reform, most of the benefits granted do not have the social security factor, but have a coefficient of 60% (plus 2% each worked year of 15 for women and 20 for men), which also significantly reduces the retirement. .

The case can be stopped in court

Badari cites a case that reached the Federal Court of Santa Catarina. The Federal Regional Court of Region IV granted the right of withdrawal to a teacher from the municipal school system in Xanxerê (SC).

According to the process, the teacher, in November 2017, then 50 years old, requested seniority retirement, which was granted by the INSS. However, before the first withdrawal, the teacher administratively requested the cancellation of the benefit because the amount was lower than expected, but the INSS denied the request.

In 2019, a teacher sued the Justice for the cancellation. Due to the withdrawal, the means of payment had already changed, between January and August 2018, from receipt by magnetic card to deposit in a bank account, with the purpose of reimbursing the INSS the total amounts.

The 2nd Civil Court of the Xanxerê District denied the teacher’s request, arguing that the benefit had been voluntarily requested and determined the termination of the process. And the INSS stated that, despite the fact that retirement was terminated due to lack of withdrawals, the woman continued to receive the amounts deposited monthly in 2018. But the teacher appealed to the Federal Court, which guaranteed the right to retire from retirement .