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National Institute of Social Security (INSS) who are still awaiting retirement release can now guarantee a Bigger benefit, changing the date of the order. The decision was announced by the Superior Court of Justice (STJ) and allows the calculation of additional months of life and additional contribution time after the date of application for benefits. According to the STF, the measure was taken thinking that the insured continue to work and contribute to Social Security while they wait for the benefit. For this reason, it was considered fair to include the new dates in the INSS retirement calculation base.
Applicants who have not yet met the minimum requirements to qualify for retirement, but who have already applied for the benefit, also benefit from the measure.
With the decision, applicants will be able to add more fees while they wait, proving that they have already met the requirements to withdraw throughout the process. The decision also allows changing the date at the judicial level. Previously, such flexibility was not possible: only the conditions described in the action were considered.
In addition, policyholders can increase the amount received in the benefit by changing the retirement start date. According to the Court of Justice, the measure is valid for all of Brazil and can be applied by judges and judges.
“Anyone who has requested a benefit that has not yet been accepted and who in the course of the process is now entitled to a higher amount can benefit. The insured must request the reaffirmation of the date that was best for him during the process ”, highlights the lawyer specializing in Social Security Law and partner of Aith, Badari and Luchin Advogados, João Badari.
Also read: INSS: What is the situation of the 14th salary of retirees and pensioners?
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