The Federal Supreme Court (STF) published this Thursday (13) the judgment of the decision which recognized the so-called lifetime review of pensions paid by the National Social Security Institute (INSS).
With the publication of the document, which has 192 pages, the judges responsible for the actions that are being processed throughout the country will be able to resume the progress of the processes, which were stopped and awaiting disclosure.
The decision was taken by the Supreme Court in December last year and allows retirees who went to court to request the recalculation of the benefit based on all contributions made throughout their lives. Before the decision, the revision was not recognized.
The STF recognized that the beneficiary can opt for the calculation criterion that yields the highest monthly amount, leaving it up to the retiree to assess whether or not the lifetime calculation can increase the benefit.
According to the understanding, the transition rule that excluded contributions prior to July 1994, when the Real Plan was implemented, can be removed if it is disadvantageous to the insured.
A Brazil Agency contacted the INSS and is waiting for a response.
Understand
The case judged by the STF deals with an appeal by the INSS against a decision by the Superior Court of Justice (STJ) that guaranteed to an insured person of the General Social Security System (RGPS) the possibility of revising the benefit based on contributions over the period prior to the year 1994.
During the course of the process, associations that defend retirees asked that social security contributions made before July 1994 be considered in the calculation of benefits. These contributions ceased to be considered as a result of the 1999 Social Security reform, whose transition rules excluded payments before the Real Plan from the account.
According to the entities, INSS insured persons had a reduction in the benefit due to the disregard of these contributions.
Who has the right?
After the decision of the Supreme Court, The Brazil Agency published a report which explains who may be entitled to recalculation, which benefits can be reviewed and whether it is advantageous to go to court to try to receive more money with retirement.
