Recently, the Federal Supreme Court (STF) approved the possibility for some insured persons to go to court to request lifetime review of your retirement. Thus, through the National Institute of Social Security (INSS), they will be able to add up all their salaries since 1994, which can amount to up to R$100,000 in late payments.
Learn more about the process to receive this benefit of retirees below.
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How did the process work?
This request for the review process was about to be approved by the STF, until Minister Kássio Nunes Marques made a prominent request. In it, it was requested that the topic be discussed in a physical plenary, since this was done in a digital environment, due to Covid-19. However, this decision could return the issue to square one, but the STF (by 5 votes to 6) decided to keep the assessment in virtual plenary.
“The insured person who implemented the conditions for the social security benefit after the effectiveness of Law 9,876, of 11/26/1999, and before the effectiveness of the new constitutional rules, introduced by the EC in 103 / 2019, which made the transitory rule definitive, has the right to opt for the definitive rule, if it is more favorable to him”, said the minister Alexandre de Moraes.
How can retirees receive the benefit?
Nowadays, through the minimum divisor of the Social Security Reform, retirement is calculated by the sum of the wages of contribution since July 1994, divide this amount by 108 and a final amount in which some can still be applied reducers.
Now, the process, still in progress at the STF, applies to all others in the country, even those that were already in progress. Even taxpayers who did not ask for correction, but believe they have that right, can contact the Justice to request a review, as it has a period of 10 years. For this, all contributions made to the INSS are taken into account, which can increase retirement.
However, even with the body's decision, the release of values may take a while, as those involved in the judgment have the right to file embargoes for clarification, where they can demand that the points of the signed process be clarified.
