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OR Superior Court of Justice (STJ) judged in favor of issue 999, known as “life review” of the National Institute of Social Security (INSS). Thus, the retiree may receive, according to evaluations of specialists in pension law, the amount of the benefit up to six times higher than the previous one.
Correcting the amount consists of requesting Social Security to recalculate the average salary, considering all the worker’s wages, including those prior to July 1994.
Until the enactment of the pension reform on November 12, 2019, the INSS calculated the average salary based on the 80% higher wages of the worker as of July 1994. However, the analysis has changed.
Now, the insured who complies with the decision and receives the retirement floor today can, for example, start receiving the Social security roof, an increase of around 485% in profits. A “INSS lifetime review“It can cover more than 2,000 people, according to experts.
It should be remembered that the situation, however, still depends on some factors, such as, for example, the case of the taxpayer who worked all his life charging above the social security ceiling. In 1993, however, he went informal, became a businessman, and since then has stopped contributing to the INSS.
In the old rule, this person’s retirement benefit by age was a minimum wage, since he was still not contributing after 1994, even though all his wages before that date guaranteed the benefit in the maximum amount.
Roof benefit
With the decision of the Superior Court of Justice, which considers contributions prior to 1994, the retiree may have this benefit reviewed and, therefore, begin to 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%; because there are people that the calculation can worsen the value of the benefit ”, said the expert in pension law Roberto Carvalho, president of the Institute of Social Security Studies (Ieprev), to the Metrópoles website.
