Minister Cármen Lucia, of the Federal Supreme Court (STF), voted against the payment of performance bonuses to retired employees of the National Social Security Institute (INSS).
The minister’s vote was delivered last Friday (6), during the opening of the virtual trial that will decide whether the payment of the Social Security Activity Performance Bonus (GDASS) is valid for the body’s inactive employees. The conclusion of the trial is scheduled for next Friday (13).
The virtual plenary of the Supreme Court judges an appeal from the INSS to overturn a decision by the Federal Court of Rio de Janeiro that recognized parity between active and inactive civil servants and guaranteed bonuses to retirees.
The discussion is around the Law 13,324/2016which increased the minimum score from 30 to 70 points in evaluating asset performance, regardless of the evaluation result.
The federal magistrates accepted an appeal from an inactive civil servant and understood that the rule established by law made the bonus of a general nature. Therefore, it is also owed to retirees.
After the decision, the INSS appealed to the Supreme Court. According to the agency, the bonus cannot be incorporated into retirement and pensions.
When voting on the issue, Minister Cármen Lúcia stated that changes in individual performance scores do not authorize the payment of bonuses to inactive employees.
The minister also understood that the amounts that have already been received do not need to be returned.
“Merely changing the minimum limit of the Social Security Activity Performance Bonus – GDASS, from 30 to 70 points, does not confer a generic nature, capable of extending its applicability to inactive employees. Therefore, the essential assumption remains unchanged, namely, carrying out individual and institutional performance assessments”, stated the minister.
The virtual trial is scheduled to end at 11:59 pm next Friday (13). The votes of ten ministers are missing.
