MACHINE OPERATOR
Machine Operator Retirement (Updated / 2020)
Discover all the rights, benefits and advantages that this professional has when retiring.
Commonly exposed to loud noises and excessive vibrations, the machine operator due to the unhealthy activity is entitled to special retirement.
We are a family owned and operated business.
As a rule, workers who have 25 years of contribution in harmful activity to health completed by November 12, 2019 will be entitled to the benefit regardless of age. The retirement amount will correspond to 100% of the average salary without applying the social security factor - a coefficient that would reduce retirement according to the age of the applicant, the younger the higher the discount.
We are a family owned and operated business.
With that in mind, we have prepared this article that every machine operator needs to know. With it, you will know:
What is the Machine Operator's Special Retirement
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We are a family owned and operated business.
We are a family owned and operated business.
How was the Operator's retirement after the Reformation?
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Special activity carried out before retirement
We are a family owned and operated business.
Special activity carried out after the Reformation
We are a family owned and operated business.
We are a family owned and operated business.
The Machine Operator's Special Retirement
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Even with all the care and use of PPE, the operator is exposed to noisy machines, chemicals, high voltage, low temperatures and / or vibrations in the work environment.
Recognizing the risks, presenting the required documentation (below we will explain each one) it is possible to earn the deserved rest with 25 years of special activity, both male and female. This type of retirement does not require a minimum age and guarantees the insured person 100% of the average salary.
We are a family owned and operated business.
It is common for the INSS to reject administrative requests for special retirement, claiming that the activity developed does not fall under “special”.
We are a family owned and operated business.
In this case, the way out for the insured is to file a lawsuit, in court the right to special retirement of the insured person who has completed the minimum of 25 years as a machine operator is recognized, or at least the conversion of the special time in common for those who have not reached this minimum contribution in a special activity.
We are a family owned and operated business.
When converting, the recognized special time is multiplied by 1.4 (male) or 1.2 (female), resulting in a 40% gain in the contribution time of men or 20% in the case of women. This conversion is very advantageous since the time achieved can be used in other types of retirement, such as retirement by contribution time, in which a minimum of 35 years of contribution for men and 30 for women is required (with the application of the social security factor) .
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And who is already retired?
We are a family owned and operated business.
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.
We are a family owned and operated business.
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 Machine Operator by November 12, 2019, you will be on the new rules established by the Pension Reform.
We are a family owned and operated business.
The EC 103 of 2019, Constitutional Amendment with the changes of the Social Security, establishes that to request the special retirement, in addition to having the minimum exposure time, the machine operator must also be at least 60 years of age.
We are a family owned and operated business.
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?
We are a family owned and operated business.
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 the machine operator, it is common to be exposed to noise, high temperatures, cold, vibrations, among others.
Operators who exercised the profession until before 04/28/1995, it is enough to prove this activity by means of a work card, payslips and registration of employees of the company, because until 1995 the current legislation presumed that the operator's profession was unhealthy.
We are a family owned and operated business.
After 1995, it was not enough just to prove the profession but also to prove the exposure to harmful agents. See the documentation required for you below.
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To prove the time that you worked as a Machine Operator , 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).
Holerites
Application for Administrative Justification
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The first two documents above must be provided by the company.
You can find an explanation of each document underlined on our FAQ page,
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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 Operator'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 operator 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.
We are a family owned and operated business.
Let's take an example:
We are a family owned and operated business.
Machine Operator Mateus 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
We are a family owned and operated business.
Operators who started their careers after retirement, in addition to needing the minimum age to apply for special retirement, will also have a reduced benefit amount.
We are a family owned and operated business.
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)
We are a family owned and operated business.
And who was about to retire?
We are a family owned and operated business.
For this retirement, a transition rule was also created that is based on points, which in the case of the operator 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, until reach 99 in 2032.
We are a family owned and operated business.
To reach the score, age, minimum special time and other contribution times will be added.
We are a family owned and operated business.
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.
We are a family owned and operated business.
Example:
We are a family owned and operated business.
Using our previous example again, let's assume that Operator Mateus 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.
We are a family owned and operated business.
The quickest and most advantageous solution that we would advise Mateus will be 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.
We are a family owned and operated business.
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? Mateus will lose R $ 800 a month and will still have to work for another year.
We are a family owned and operated business.
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.
We are a family owned and operated business.
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 .
We are a family owned and operated business.
In the case of operators, that special retirement requires a minimum time of 25 years, the conversion is carried out 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.
We are a family owned and operated business.
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.
We are a family owned and operated business.
The Operator in the example above, was 24 special 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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Did you have any doubts? Leave your comment and we will get back to you as soon as possible.