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Retirees will have good news with the STF’s decision

Retirees across the country have a new perspective on life in relation to the amount they receive from the benefit paid by the INSS (National Social Security Institute) in 2022 

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Retirees across the country have a new perspective on life in relation to the amount they receive from the benefit paid by the INSS (National Social Security Institute) in 2022 

This is because a question recently judged by the STF (Supreme Federal Court) in which the retirees emerged victorious was question 1,102.

Subject 1102 affects lifetime testing and can benefit policyholders in three situations:

  • Has a social security benefit calculated in accordance with pre-EC 103/2019 standards;
  • Holds positions prior to July 1994;
  • The benefit was granted less than 10 years ago (expiry date);

Thesis Signed by the Colonel

The first step is to determine whether the insured is eligible for a lifetime review, to understand what was decided by the Colonel, let's see:

The insured person for whom the conditions for the execution of social security benefits apply after the entry into force of Law 9,876 of 11/26/1999 and before the entry into force of the new constitutional provisions introduced by EC 103/2019 that made the regime transitional definitive, right to opt for the definitive regime if it is more convenient for you.

In general, the thesis approved by the STF guarantees that policyholders who made contributions to the INSS before July 1994 can use these contributions in calculating the benefit.

In this way, policyholders who made the largest contributions before 1994 and were affected by the social security law can now significantly improve the level of benefits, sometimes even multiplying them.

It is important to remember, however, that to determine whether the lifetime meeting can benefit the insured, a detailed calculation must be carried out to determine which topic may provide the most beneficial benefit.

Release Review Approaches

https://www.cafepost.com.br/economia/aprovado-a-medida-provisoria-mp-1-107-2022-que-cria-o-programa-de-simplificacao-do-microcredito-digital-para-empreendedores-sim-digital/

It is important to remember that at the beginning of June, a new rule approved by the STF guaranteed that the votes of retired ministers given in the sentence, which took place in the virtual plenary, with emphasis on the physical plenary, are still valid. 

The new regulation was approved with eight votes in favor and one against. This regulation was imposed following a point of order proposed by Minister Alexandre de Moraes, and will have a positive impact on the verdict of the lifetime review that brought victory to thousands of INSS retirees and pensioners. 

What's missing for Release Approval?

Now the ministers have to decide in an administrative session what to do with the verdicts that will be highlighted after all the votes in the virtual plenary. 

Namely, there are two possibilities:

  1. The process is declared closed; 
  2. The trial resumes in physical plenary with the votes counted by judge Marco Aurélio. 

It is worth noting that in both scenarios the decision tends to be favorable to INSS retirees and pensioners.

See more :

About the author  /  Tiago Menger

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