Retirement is a social security benefit, that is, a remuneration received monthly by the retired worker. This benefit is guaranteed to every Brazilian worker who completes the minimum requirements determined by Law No. 8,213, of July 24, 1991.
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In addition, there are different types of retirement. In this sense, Social Security underwent a reform that left a legal loophole approved in 2019, making it possible to use a single contribution, in a high amount, in the calculation of retirement from the National Social Security Institute (INSS) and retire with a benefit bigger.
In view of this, the Federal Chamber of Deputies included in the text the end of the so-called single-contribution retirement, recently approved by the Chamber, which deals with INSS medical expertise. This text alters, therefore, the change introduced by the 2019 Social Security reform, which created the possibility for the worker to discard, in the calculation of retirement, how many contributions are necessary to increase the average salary on which the benefit will be calculated.
An example of this “gap” in the reform is that a worker who has completed 15 years of contribution before July 1994, if he retire for having reached the minimum age, if you have six more contributions paid in reais, with smaller amounts, and a contribution for INSS ceiling — R$6,433.57 in 2021 — could discard these six payments and use only the contribution for the calculation as a reference for the calculation roof.
According to the president of the Institute of Social Security Studies, Roberto de Carvalho Santos, “it is not it deals with something illegal [the use of the single contribution], but it is not something that gives sustainability to the system". For lawyer Rômulo Saraiva, a pension specialist and Folha columnist, “in reality, there is a literality of amendment 103 itself, there was a technique, a wording. They [legislators] put that responsibility on lawyers, but the wording of the 103rd amendment is significantly clear. Now, they want to make this 'medicine' through this bill”.
Another expert who spoke was the president of the Brazilian Institute of Social Security Law, Adriane Bramante. “There's nothing illegal, it's there, in the law, but it hurts the issue of solidarity. We cannot defend that the single contribution would be right”, she said.
In fact, the INSS stated that the granting of benefits in these circumstances violates principles of balance financial and actuarial aspects of the social security system, characterizing abuse of rights and enrichment without cause. However, for experts, what is in the law must be fulfilled and respected.
Lawyer Rômulo Saraiva, finally, says that “while the bill does not come into force – it needs to be ratified in the Senate and needs to be effectively enter the legal world – there is the possibility of people paying their contributions and having the opportunity to retire with this rule".
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