The “whole life review” does not benefit everyone, as explained by expert in labor and social security law Cristiane Grano Haik.
Last week, the Federal Supreme Court ruled in favor of retirees and validated the modality, which gives the right to recalculate the value of benefits.
The recount takes into account a 1999 amendment.
“Before, to establish the value, it took the last 36 months of contribution, then it changed to the period contributed, the popular whole life”, he said, to CNN Radio.
However, the government realized that the currency change in 1994 made the calculation difficult and limited the “whole life” to July 1994 onwards, which harmed part of the people, who went to court.
“The natural thing is that you start with a lower salary and then, as time goes by, you have better salaries, if that is the situation, the review does not benefit that person.”
Cristiane reinforced that it is “a simple arithmetic average.”
“It’s only worth going to court to have it applied if the values before July 1994 were higher than after”, he added.
Those who retired before 1999 and after the 2019 Social Security reinforcements have other rules, and therefore do not apply to the lifetime review either.
Those who can be covered, according to the expert, at this time, “have to file a lawsuit” for the review.
She recalls that the Supreme Court needs to publish the decision and that it may still undergo revisions, through declaratory embargoes.
*Produced by Isabel Campos
Source: CNN Brasil
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