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The Superior Court of Justice (STJ) judged in favor of the issue known as “permanent review” by the National Institute of Social Security (INSS). According to evaluations by experts in social security law, in the opinion of the STJ, the retirement benefit may have value up to six times greater than above. Until the enactment of the pension reform, on November 12, 2019, the INSS calculated the average salary based on 80% more than the worker’s salary as of July 1994. Now, the correction of the amount consists of asking the New Social Security calculation of the average salary of the worker considering all their salaries, including those prior to July 1994.
With the decision made by the Superior Court of Justice, the retiree will be able to have his benefit revised and now he can receive the Social Security ceiling. “It is a situation in which the person had a difference of more than R $ 4 thousand. But it is an action that has a peculiarity. It varies for each insured. There are workers who will have a variation of 200% of the benefit, 300%, 400%; as there are people that the calculation can worsen the value of the benefit ”, revealed the president of the Institute of Social Security Studies (Ieprev), Roberto Carvalho.
It is worth remembering that, even with the novelty, there are cases that depend on some factors. It is the example of a taxpayer who worked all his life earning over the pension ceiling, but in 1993 he went informal and became an entrepreneur, without contributing to the INSS since then. According to the old rule, the benefit of this citizen upon retirement by age corresponds to a minimum wage, despite the fact that all his previous wages guarantee the benefit in the amount of the social security ceiling.
Who can request the review?
Anyone who has social security contributions before July 1994 and who receives or has received any of the following social security benefits has the right to review:
- retirement by age;
- Retirement by contribution period;
- special retirement;
- for retirement due to disability;
- sickness benefit;
- death pension.
Also read: Minimum salary 2021: Know what changes in the payment of INSS benefits
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