INSS retirement rules change in 2023; understand

The 2019 Social Security reform established a minimum retirement age for the National Social Security Institute (INSS) and also a transitional rule for those close to retirement. This adaptation period allows you to have the benefit before. There are five types of transition and, in three cases, there are changes this year.

In the rule that establishes a progressive minimum age, for example, in 2022, women could retire at 57 years and six months and men at 62 years and six months. This year, the minimum age rises to 58 years for women and 63 years for men.

The points rule also has changes. Last year, to retire through this type of transition it was necessary that the sum of age and contribution time was 89 points for women and 99 points for men. This year, the sum should be 90 and 100, respectively.

In the transition from retirement by age, which brought changes only to women, the permanent age of 62 becomes valid. Last year, they managed to retire at 61 years and six months.

Understand the changes for this year:

Progressive minimum age rule

To retire under this transitional rule, you must have this year:

• Women: 58 years old and 30 years of contribution
• Men: 63 years old and 35 years of contribution

The minimum age in this transitional rule will rise by six months each year until it reaches 62 for women in 2031 and 65 for men in 2027. See table:

points rule

To retire by this transitional rule, you must add your age to your contribution time. This sum must be:

• 90 points for women, requiring at least 30 years of contribution
• 100 points for men, requiring at least 35 years of contribution

This score increases by one point each year until it reaches 100 points for women in 2033 and 105 points for men by 2028.

Old-age retirement rule

In retirement by age, the law already established that men should be at least 65 years old. Thus, in this transitional rule, the change is in the minimum age of the woman. You must have:

• Woman: 62 years old and 15 years of contribution

The change in the reform established that the woman’s age should reach 62 years, which happened this year. That is, from now on, the minimum age for women in this transition category is already established by the permanent rule established by the reform. Look:

what does not change

In two transition rules there are no changes. Are they:

50% toll

• Woman: if you contributed for at least 28 years when the reform came into force (in November 2019) you can pay a toll of 50% of the time left to reach 30 years of contribution and retire. There is no minimum age
• Men: if you contributed for at least 33 years when the reform came into effect (in November 2019) you can pay a toll of 50% of the time remaining to reach 35 years of contribution and retire. There is no minimum age

Example: If there are two years left to reach 30 years of contribution (women) or 35 years (men) you will have to contribute for three years in total. In this rule, there is application of the social security factor, an index that reduces the benefit of those who retire early.

100% toll

• Woman: you can retire from the age of 57, but you need to comply with a toll of 100% of the time remaining to reach 30 years of contribution when the reform came into force (in November 2019)
• Men: can retire from the age of 60, but must comply with a toll of 100% of the remaining time to reach 35 years of contribution when the reform came into effect (in November 2019)

Example: If there are two years left to reach 30 years of contribution (women) or 35 years (men), you will have to contribute for four years in total. In this rule, there is no application of the social security factor.

Understand the acquired right

For INSS insured persons who met the retirement requirements under last year’s transition rules, but who have not yet applied to the INSS, it is possible to retire under the 2022 rules.

These policyholders have a vested right, that is, they cannot be affected by the changes.

“The acquired right is valid for those who reached a transitional rule in the year 2022, however, they will only apply in 2023, that is, if they maintain the rights of the previous year, which is when the person acquired the right. But it also applies to previous years. If the person already had acquired rights on November 13, 2019, they can use the old retirement rule for them”, says social security lawyer João Badari.

How to order

INSS policyholders can apply for retirement through the website or application My INSS. The tool also allows you to simulate whether the insured person fits the transition rules and the amount he would receive.