TRUCKER
Trucker Retirement (Updated / 2020)
Discover all the rights, benefits and advantages that this professional has when retiring.
Truck drivers are essential for the logistics of food, building materials, equipment, among others. All sectors of society depend in some way on these professionals.
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However, few recognize the dangers and difficulties that truck drivers go through on the roads, in addition to external factors such as the risk of robberies and bumpy roads, we also have poor rest conditions, constant exposure to engine noise, transport of flammable loads, among others.
In view of the unhealthy and dangerous nature of the profession, it is possible to apply for special retirement and obtain a faster and more advantageous benefit. Follow in this article, the advantages of the trucker's special retirement, necessary documents and how to apply for it. Come on?
What is the Special Retirement for Truck Drivers
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Who is entitled to the trucker's special retirement?
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Special activity carried out before retirement
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Special activity carried out after the Reformation
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The Retirement of the Trucker Special
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Second first paragraph of art. 201 "It is forbidden to adopt different requirements and criteria for granting retirement benefits to beneficiaries of the general social security regime, except in cases of activities carried out under special conditions that affect health or physical integrity (...)".
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In other words, the right to a differentiated pension is recognized when proven and the work conditions harmful to health are recognized and recognized. This type of retirement is known as "Special Retirement", in which the truck driver gains the benefit with 100% of the average salary as soon as he proves 25 years of unhealthy or dangerous activity, with no age limit (see change after retirement).
Truck drivers with flammable loads are examples of workers who earn this benefit, as the simple presentation of freight notes, truck and category E documents at CNH serve as proof of activity.
Who is entitled to the trucker's special retirement?
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Truckers, carters, muque operators, bus drivers and the like may apply for this benefit. Whether they are hired workers (formal contract) or self-employed.
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And who is already retired?
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If you are already retired and did not know these advantages at the time, you can ask for a review of the benefit . With the correct documentation, the INSS is obliged to re-analyze your benefit, it is worth mentioning that the deadline for requesting a review, in the INSS and in court, is ten years after the first payment of retirement. The period begins to count in the month following the first payment made by the INSS.
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Pension Reform
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If you've read this far, you must be optimistic but unfortunately we don't have good news for you. If you have not completed 25 years of contribution as a truck driver by November 12, 2019, you will be on the new rules established by the Pension Reform.
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The EC 103 of 2019, Constitutional Amendment with the alterations of the Social Security, establishes that to request the special retirement, in addition to having the minimum exposure time, the truck driver will also have to be at least 60 years of age.
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The calculation of the benefit also changes, it ceases to correspond to 100% of the average salary to be 60% + 2% for each year over the age of 20 contributed (man) or 60% of the average salary plus 2% for each year exceeding the 15 contributed in the case of women.
With this change, the insured only reaches 100% of the average salary when he has 40 years of contribution (male) or 35 years (female). Did you just see the Loss?
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But we have a light! Who was almost completing the minimum exposure time in 2019, will have a transition rule from points. Continue reading and we'll explain how it works.
What documents will I need?
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First of all, in order to achieve a special retirement, it is necessary to prove the daily and permanent exposure to agents harmful to health , For truck drivers it is common to be exposed to noise, high temperatures, vibrations, among others.
Truck and bus drivers who exercised their profession until 04/28/1995, had the benefit achieved only by the professional category, all they need to do is just prove this activity through a work card, payslips and company employee registration, because until 1995 the Current legislation assumed that the truck driver's profession was unhealthy, regardless of working conditions.
As much as we find old vehicles in good working conditions today, the INSS understands that with the evolution of the truck industry, many unsanitary conditions of the vehicles were extinguished, such as excessive engine noise and excessive cabin heat.
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After 1995, only the right of truck drivers with a category E driver's license, who transport dangerous and flammable cargoes over long distances, remained recognized by professional category.
Other drivers need to prove the unhealthiness of the activity through technical evaluation of the vehicle used. There are municipalities that recognize this right to garbage truck drivers, for example.
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To prove the time you worked as a truck driver , you will need to gather some documents, such as:
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The Technical Report on Environmental Working Conditions (LTCAT);
The Social Security Professional Profile (the PPP).
The Work Card (CTPS)
Holerites
Application for Administrative Justification
You can find an explanation of each document underlined on our FAQ page,
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The LTCAT is made after a technical evaluation by a qualified professional, specialized in work safety. With it, the data will be extracted to another document required by the INSS, the PPP. Ideally, these documents should be made at the time of the activity performed.
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Employed truck drivers must collect these documents from the companies they worked for, as it is their responsibility to prepare them. If the company has closed or does not return, it is possible to carry out technical expertise in a similar company and to prepare these documents.
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Truck drivers who are civil servants , must request the documents directly to the municipality, state or union.
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Autonomous truck drivers will have more difficulties, since the preparation of LTCAT and PPP are their responsibility. Thus, he will have to hire a doctor or work engineer to assess his working conditions on the truck he uses. This hiring will certainly have a cost, however, it ends up being advantageous when the special retirement is obtained, offsetting this investment.
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With a specialist lawyer , you will be able to validate as many periods of special work as possible and have a great chance of retiring in this modality.
How was the Truck Driver's Retirement after the Reformation?
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The Pension Reform established a minimum age to be entitled to special retirement, which in the case of the truck driver will be 60 years old. Another bad news is that the calculation formula has worsened. See how it was and how it looked:
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Special activity performed before the Reformation
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If you complete the minimum 25 years by November 12, 2019, the retirement amount corresponds to 100% of the average of the 80% highest salaries since July 1994.
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Let's take an example:
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Truck driver Sérgio was 56 years old and had a full 25-year career in April 2019, considering that his average salary corresponds to R $ 4000.00 (four thousand reais). The benefit amount will be R $ 4000.00.
Special activity after the Reformation
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Drivers who started their careers after retirement, in addition to needing the minimum age to apply for special retirement, will also have a reduced amount of the benefit.
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With the new rule, the average will be all wages since 1994, including the 20% lower excluded in the previous law. In addition, the benefit amount will be:
60% of average salary +
2% for each year after the first 20 years contributed (men)
2% for each year after the first 15 years contributed (women)
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And who was about to retire?
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For this retirement, a transition rule was also created that is based on points, which in the case of the truck driver and the characteristics of the profession is 87 points and 25 years of effective exposure in 2020. The necessary score goes up one point each year, up to reach 99 in 2032.
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To reach the score, age, minimum special time and other contribution times will be added.
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However, the calculation of the benefit amount will be the same as mentioned above, 60% of the average salary + 2% for each year exceeding the first 20 years of contribution for men or 2% for each year exceeding the first 15 years of contribution for men. women.
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Example:
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Using our previous example again, let's assume that truck driver Sérgio has 4 years of "common" contribution and has completed the 25 special years just this year (2020).
Adding these periods to your age, which this year is 57, we will have 86 points, which unfortunately will not be enough, since what is required is 87 points.
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The quickest and most advantageous solution that we would advise Sérgio would be for him to continue working for another year in the area. Thus, in 2021, he will be 58 years old and have a total of 30 years of contribution. Your score will be 88 points, equaling the score required next year.
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Let's go to the value of the Benefit!
Considering at best that the average salary remained at R $ 4000, the calculation will be as follows:
Contribution years after the first 20 years:
30 - 20 = 10 years of contribution
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Benefit amount:
60% + (10 years x 2%) = 80%
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Therefore;
80% of $ 4,000 = $ 3,200
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Did you just see the size of the damage? Sérgio will lose R $ 800 a month and will still have to work for another year.
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It is worth remembering that these are the conditions to retire in the special retirement transition rule, however, it is only after a planning and analysis of the other types of benefit that would be possible to find the most advantageous for our example.
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Conversion from Special Time to Ordinary Time
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Before the Retirement, if the insured had not reached the minimum special time, he could convert that special time into ordinary time and apply for retirement by contribution time .
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In the case of truck drivers, that special retirement requires a minimum time of 25 years, the conversion is done as follows:
Special time x 1.4 (for men) = Ordinary time
Special time x 1.2 (for women) = Ordinary time
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However, this conversion ceased to exist after the reform , a special period after November 13, 2019 can no longer be converted into ordinary time.
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Rest assured, if you have a special period before that date, you can still convert it into regular time because you have the right acquired before the Social Security Reform.
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The Trucker in the example above, was 24 years old until the cut-off date, converting that time would be 33.6 years old (24 x 1.4). If we add to the 4 years of common activity that he already had, we will have 37.6 years of COMMON contribution.
Did you like the reading? Find out more about other types of retirement by clicking here.
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