THE Superior Court of Justice (STJ) judged in favor of the 999 theme, known as “life review” of the National Social Security Institute (INSS). Thus, the retiree may receive, according to assessments by specialists in social security law, the benefit amount up to six times higher than the previous one.
The correction of the amount consists of asking the Social Security to recalculate the average salary, considering all the worker’s wages, including those prior to July 1994.
Until the enactment of the pension reform on November 12, 2019, the INSS calculated the average wage based on the 80% higher wages of the worker as of July 1994. However, the analysis has changed.
Now, the insured that fits the decision and receives the retirement floor today can, for example, start receiving the Social Security ceiling, an increase of about 485% in earnings. A “lifetime review of the INSS”Can reach more than 2,000 people, according to experts.
It is worth remembering that the situation, however, still depends on some factors, such as, for example, the case of the taxpayer who worked his whole life receiving over the pension ceiling. In 1993, however, he moved to informality, became an entrepreneur, and has since stopped contributing to the INSS.
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In the old rule, this person’s benefit when he retired by age was a minimum wage, since he still had no contribution after 1994, despite all his wages before that date guaranteeing the benefit in the ceiling amount.
With the decision taken by the Superior Court of Justice, which considers contributions prior to 1994, the retiree may have this benefit revised and, therefore, begin to receive the Social Security ceiling.
“It is a situation in which the person had a difference of more than R $ 4 thousand. But it is an action that has a peculiarity. It varies for each insured. There are workers who will have a variation of 200% of the benefit, 300%, 400%; as there are people that the calculation can worsen the benefit value ”, said the expert in social security law Roberto Carvalho, president of the Institute of Social Security Studies (Ieprev), to the Metrópoles website.
See also: Extra allowance of R $ 2,000 RELEASED for Brazilians in the INSS; know the proposal