On Wednesday, the 30th, the Federal Supreme Court resumed the trial that discusses the possibility of applying the so-called INSS lifetime review.

The appeal analyzes the rule with the most advantage for the social security benefit of insured people who entered the General Social Security Regime (RGPS) before the law that creates the social security factor and changes the way in which contribution wages are calculated for the purposes of calculating benefit comes into force.

In March, the analysis took place in a virtual plenary session, with a closed score of 6 to 5 in favor of retirees and pensioners. However, a prominent request from Minister Nunes Marques canceled the vote, sending it to the physical plenary.

However, on Wednesday, the 30th, only Nunes Marques resubmitted the vote for opposing the review of his entire life. The trial was suspended and should resume this Thursday, December 1st, to count the remaining votes.

The INSS lifetime review is a new calculation of the monthly average that must take into account all workers' salaries, including those paid before July 1994, when the currency was not the real.

If the review is approved, it may be requested by employees who started their contribution to the INSS before 1994 and who submitted contributions after 1999.

At that time, the calculation of benefits was made taking into account only the amounts collected after the preparation of the Real Plan. As a result, the INSS only used payments in reais to calculate average salaries, which served as the basis for pension payments.

Near the end of the virtual vote, it was expected that Marco Aurélio's vote would be disregarded and the vote reset to make room for André Mendonça, his replacement, to rotate the score. 

However, in July, the STF changed the rule and began to withhold the votes of retired ministers when trials were sent from the virtual to the physical plenary.

With the change, Mendonça will not be able to vote and the others will have to decide whether or not to maintain their agreements. If the votes are kept, the score is set.

See more: