O INSS (National Social Security Institute) is starting to adapt the retirement simulator in order to exclude the most advantageous calculation rule brought by the Social Security Reform. This exclusion is motivated by the publication of Law 14,331, which came into force in May of this year and ends the norm.
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This one-off contribution was included in the pension calculation as of November 13, 2019, with the arrival of the Reform. As a rule, the insured person would need to be able to discard all his contributions and start use only one, of greater value, according to your average salary, in order to raise the retirement.
However, to use this rule, it was necessary to have made at least 180 payments to the INSS, which corresponds to the minimum time of contribution to retirement, and also not having used what was discarded in any other regime.
In a note released by the institute, it was said that the simulator would be “temporarily unavailable until the system is adequate correctly with the legal changes brought about by law 14.33/2022 which amended law 8.213/1991, with new parameters to calculate the value". In addition, the agency also recalled that the calculation of this average salary would only be available to those who are five years away from being able to make their retirement request.
The institute's guidance, as well as that of lawyers, is that the insured person always calculate the average using the Meu INSS simulator. The reason for this is that the calculation is not easy and there may be errors if the worker wants to do it on his own.
“We found it complicated, because the insured person would have to add up all his contributions that are in the CNIS (Contribution Register), from July 94 until now and divide by the number of months, it is not as easy as it seems and there may be mistakes”, highlights the lawyer João Badari.
The INSS stated that DATAPREV has made several interventions to improve the performance of Meu INSS and says that it does not have a deadline for the simulator to start working again.
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