BENEFITS
See below some types of benefit:
Retirement by time of contribution
Benefit granted to the insured person who proves to have 35 years of contribution, if a man, or 30 years of contribution, if a woman, until November 13, 2019 (date of publication of the Pension Reform ). After that date, it is necessary to check the minimum age and the transition rule that best applies.
We are a family owned and operated business.
There are three methods for this modality:
We are a family owned and operated business.
86/96 - In this method, the sum of age and contribution time should result in 96 points, if a man, or 86 points, if a woman. It is also necessary to have a minimum grace period of 180 monthly contributions * and a minimum of 30 years of contribution for women or 35 years for men.
We are a family owned and operated business.
30/35 years of contribution - If you did not reach the score of 86/96 of the previous rule, you only need to have at least 180 monthly contributions and 30 years of contribution if you are a woman, or 35 years if you are a man. However, in this case, the social security factor applies.
We are a family owned and operated business.
Proportional retirement - In this method, the insured must have:
Minimum age of 48 years (women) and 53 years (man)
Minimum grace period of 180 monthly contributions
Total contribution time:
25 years of contribution + additional time (woman)
30 years of contribution + additional time (man)
We are a family owned and operated business.
But beware, proportional retirement was extinguished by constitutional amendment 20/98. However, the same amendment establishes transition rules for policyholders affiliated to RGPS (General Social Security System) until December 16, 1998.
We are a family owned and operated business.
The additional time corresponds to 40% of the time left for the insured to reach the minimum contribution time by December 16, 1998. For example, a woman who had 15 years of contribution on that date, needed 10 years to retire by this rule. Therefore, to retire proportionally today, you must prove 29 years (25 years + 40% of 10 years).
We are a family owned and operated business.
Conversion of special time into common
We are a family owned and operated business.
If you have had a period of work in activity that is harmful to your health until November 2019, and that time is not enough to require special retirement, know that you can convert the special time in common using a beneficial multiplier and add it up with too much retirement time. service.
We are a family owned and operated business.
For men, each year worked in a special activity becomes 1.4 years of ordinary time.
Ex: 4 more years for every 10 years subject to harmful conditions
We are a family owned and operated business.
For women, each year worked in a special activity becomes 1.2 years of ordinary time.
Ex: 2 years more for every 10 years subject to harmful conditions
We are a family owned and operated business.
* as a requirement it is necessary to have at least 180 actual monthly contributions, that is 15 years contributed. In order to reach the minimum times of 30/35 years, in addition to the 180 contributions, registered periods can be used, as in rural activity.
We are a family owned and operated business.
Retirement by Urban and Rural Age
This type of retirement is simpler, the man who has turned 65 years old and the woman who has turned 60 by December 31, 2019 are entitled to retirement, in addition to having made at least 180 monthly contributions.
We are a family owned and operated business.
The minimum age is reduced to 60 years (men) and 55 years (women) for rural workers and for those who carry out their activities individually or in a family economy regime, such as artisanal fishermen, extractivists, indigenous people, among others.
We are a family owned and operated business.
Retirement by Age of Rural Worker
We are a family owned and operated business.
There are 4 types of rural workers who are entitled to a 5-year reduction in retirement by age: insured employee, individual worker, casual worker and special insured.
The rural worker is not required to make an effective contribution to Social Security, but it is necessary to prove the exercise of rural activity, individually or in a family economy regime, for a minimum period of 180 months.
We are a family owned and operated business.
In other words, small farmers who work without the help of permanent employees and aiming at their own livelihood, are entitled to this benefit as long as they prove these characteristics and can retire at 60 years old, if a man, and 55 years old, if a woman.
We are a family owned and operated business.
It is not necessary that the provision of rural activity be continuous, but only that the insured is working in the field at the time of retirement, as provided by § 2 of art. 48 of Law 8,213 / 91.
We are a family owned and operated business.
Since Provisional Measure 871/2019 came into force (later converted into Law 13,846 / 19), the insured began to demand a self-declaration of the exercise of rural activity. Previously, the special insured needed to go to the unions to obtain a declaration of rural activity.
We are a family owned and operated business.
You can find the self-declaration form at this link .
We are a family owned and operated business.
Social Security Reform
We are a family owned and operated business.
Constitutional Amendment 103, which established changes in Social Security, changes the minimum age required for women, which from 2023 will be 62 years old . Another change is for men who started to contribute after the date of publication of the amendment, for them, the minimum grace period will be 240 months (20 years).
We are a family owned and operated business.
As a transitional rule, the minimum age required for women will increase by 6 months per year from 2020 until reaching 62 years in 2023.
We are a family owned and operated business.
We are a family owned and operated business.
Special Retirement
The worker who proves that he has been exposed to agents harmful to health for the minimum time required and has more than 15 years of contribution can advance his benefit and receive the full amount of the average salary, that is, a more advantageous value.
We are a family owned and operated business.
The minimum time is classified as follows:
We are a family owned and operated business.
15 years for work in underground mining, on production fronts with exposure to the association of physical, chemical or biological agents;
We are a family owned and operated business.
20 years for work with exposure to the chemical agent asbestos (asbestos) and for work in underground mining, but away from the production fronts with exposure to the association of physical, chemical or biological agents.
We are a family owned and operated business.
25 years for other cases of exposure to harmful agents.
We are a family owned and operated business.
Suppose you have worked for 26 years as a machine operator in an industry and have been exposed to noise and / or chemical agents. With this, it will be possible to request this benefit provided that:
We are a family owned and operated business.
Check that you have been exposed to these harmful agents in the activity performed; for that, it is necessary to present a form called Profissiographic Social Security Profile (PPP) prepared by the company based on a technical report on environmental conditions of work.
We are a family owned and operated business.
Have more than 180 months of contributions to the INSS .
We are a family owned and operated business.
And, have the minimum time to exercise in that activity with exposure, in this example, 25 years.
We are a family owned and operated business.
It is worth mentioning that these requirements are valid even before the Publication of the Pension Reform on November 13, 2019 .
We are a family owned and operated business.
But do not worry! If you already fulfilled these requirements before the Retirement, you have the acquired right and your benefit will respect the old law, that is, there is no need for a minimum age and the benefit amount will be 100% of the average salary.
We are a family owned and operated business.
If you believe you are entitled to special retirement, schedule your appointment and talk to one of our lawyers.
We are a family owned and operated business.
By disability retirement
now called Permanent Disability Retirement
Retirement due to disability is a benefit intended for the insured person who is permanently incapable of performing any work activity and who cannot be rehabilitated in another profession, according to the INSS medical expert assessment . As a result, no minimum contribution time or minimum age is due.
We are a family owned and operated business.
The benefit is paid as long as the disability persists and the insured person can be reassessed by the INSS every two years.
We are a family owned and operated business.
In principle, the citizen must apply for sickness benefit , which has the same requirements as disability retirement. If medical expertise finds permanent incapacity for work, with no possibility of rehabilitation for another function, disability retirement will be indicated.
Sickness benefit
Insured persons who are incapacitated for work or habitual activity for more than 15 consecutive days can apply for this benefit as long as it meets three criteria:
We are a family owned and operated business.
Be incapable of work or usual activity
Compliance with grace period
Have quality of insured
The grace period for sickness allowance is 12 contributions . However, the insured person whose incapacity for work was caused by an accident of any kind or occupational or occupational disease is not required.
We are a family owned and operated business.
Insured quality is the condition attributed to every citizen affiliated to the INSS who has an enrollment and makes monthly payments as Social Security.
We are a family owned and operated business.
It is not necessary for the citizen to be incapable of any and all activities, but for the insured person to be unable to perform his current job or usual activity.
We are a family owned and operated business.
The criteria must be met at the time of the fact giving rise to the benefit, that is, on the date of the beginning of the disability.
We are a family owned and operated business.
We are a family owned and operated business.
Labor rights
The Brazilian worker with a signed contract has certain rights that are guaranteed by the CLT (Consolidation of Labor Laws) and by the Federal Constitution.
We are a family owned and operated business.
Those hired under the CLT system are entitled to: 13th salary, paid vacation, FGTS, medical assistance, transportation vouchers, unemployment insurance, maternity leave, among other benefits.
We are a family owned and operated business.
Do you believe that any of these rights have been violated? contact us and ask your questions with one of our lawyers.