This Friday (13), the Federal Supreme Court (STF) formed a majority vote against the payment of performance bonuses to retired employees of the National Social Security Institute (INSS).
The understanding was consolidated during the trial on the validity of the payment of the Social Security Activity Performance Bonus (GDASS) for the agency’s inactive employees. Analysis of the case began last week and will close today at 11:59 pm.
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 dealt with the Law 13,324/2016which increased the minimum score, from 30 to 70 points, in evaluating the performance of assets, regardless of the result of the evaluation.
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.
Judgment
The vote of the rapporteur, minister Cármen Lúcia, prevailed in the trial. The other votes against parity between retirees and active employees were given by ministers Flávio Dino, Dias Toffoli, Alexandre de Moraes and Gilmar Mendes.
According to the majority, the change in the individual performance score does not authorize the payment of bonuses to inactive employees.
Ministers Edson Fachin and André Mendonça recognized parity.
