The Chamber of Deputies approved this Wednesday (31) the Provisional Measure 1,119 of 22, which reopens, until November 30, the deadline for opting for the supplementary pension for federal civil servants and for members of any Powers. The text goes to the Senate for analysis.
The opinion was approved with a change in the calculation of the special benefit, a compensatory mechanism for those who decide to exchange the Special Social Security Regime (RPPS) for the Complementary Pension Scheme (RPC).
The text sent by the Executive Branch provided for the use in this calculation of 100% of all contributions made by the civil servant since July 1994, or later date, as the case may be. For possible migration until November 30, the rapporteur, deputy Ricardo Barros (PP-PR), maintained the formula in force today, which considers 80% of the largest contributions made.
The opinion approved by the Chamber also corrects material errors identified in the version sent by the Executive Branch. The deadline for migration, November 30, could be shorter if the Senate does not consider the provisional measure in time. The term of the MP in the original version runs until October 5th.
“Providing this new migration window aims at fair treatment with those who had not previously opted for the complementary regime, given that the 2019 Social Security reform ended up abruptly changing the scenario of benefits of the civil servants’ own regime”, said Ricardo Barros.
In justifying the proposal, the Ministry of Economy emphasized that each civil servant must evaluate the professional trajectory, the remuneration, how much time is left until retirement, the expectation of permanence in the public service and the age to verify if the migration is advantageous or not, in regarding the possibility of changing the social security system.
Basic rules
The migration from RPPS to RPC will be irrevocable and irreversible. The Union (or autarchies and foundations) will not owe any consideration for discounts already made above the limits of the General Social Security System (RGPS).
In the supplementary pension, created by Law 12,618 of 2012, civil servants collect contributions on salaries that in the future will entitle them to different installments of the retirement benefit. One part will correspond to the RGPS ceiling (today, R$ 7,087.22), while the other will depend on gains in financial investment.
Those who joined the public service from 2013 onwards, receive above the INSS ceiling and made this option participate in the RPC, in addition to those who migrated from the regime, regardless of the date of entry. Before MP 1119 of 2022, the deadlines for migration were open on three other occasions, the last one until March 2019.
In all, more than 18,000 civil servants migrated from the regime in the three previous opportunities, according to the Ministry of Economy. This time, the government estimates that about 292,000 servers meet the requirements for the change.
special benefit
According to the current law, those who migrate from the regime will also be entitled to a special retirement benefit, calculated from the difference of the arithmetic average of the 80% largest contributions to the RPPS updated by the Broad National Consumer Price Index (IPCA) and the current RGPS ceiling.
The provisional measure amends the legislation to determine that the option for the special benefit will imply a “perfect legal act”, the one carried out under the law that will continue to apply even if the rule is revoked or modified.
The MP also removes the remuneration limit of the directors of the Complementary Pension Foundation of the Federal Public Servant of the Executive Branch (Funpresp-Exe). Before, salaries were, at most, equivalent to the minister’s allowance from the Federal Supreme Court (today, R$ 39,293.32).
*With information from the Chamber Agency
