In a decision dated December 1, the Federal Supreme Court (STF) authorized that part of the insured persons of the National Institute of Social Security (INSS) recalculate the value of their benefits, considering contributions prior to 1994. This is the so-called “revision of a lifetime”.
According to experts, the request for review is only worthwhile for those who had high salaries before July 1994, the date on which the Real Plan came into force.
“The whole life review is an exception action, that is, it goes for those who earned more before the Real Plan. The norm is to receive less at the beginning of the working life, so, necessarily, what must be done is a calculation to see if the review will bring about relevant adjustments”, he told the CNN João Badari, pensioner lawyer.
Since the decision was announced by the STF, companies have been triggering policyholders to sell the thesis that the lifetime review is valid for everyone.
Badari says that, if workers who earned less in 1994 request a review by the Justice, it is even possible that the old wages reduce the value of the pension. Therefore, he recommends that policyholders look for specialists and lawyers to make an “artisanal and individualized calculation, to avoid losses”.
“There are a lot of people making calls and sending letters, text messages, with a supposed value to which the insured person would be entitled. That’s a lie. All calculation must be done by the customer, or at the customer’s request.”
The Brazilian Institute of Social Security Law (IBDP) reiterates the alert. “The IBDP warns that the review must be calculated before being distributed in court. It is not advisable to take action ‘in the dark’, that is, without carrying out calculations. It may be that the review is not advantageous”, said Adriane Bramante, president of the scientific-legal institute, in a statement sent to the press.
The IBDP has prepared a list of recommendations for policyholders to avoid inconvenience and possible scams:
- Do not pass data over the phone and go to the location in person;
- Research the suitability of the professionals you are hiring;
- Check calculations with a specialized professional and check the value to be revised.
Who can ask for a lifetime review?
According to the IBDP, in addition to having received higher salaries at the beginning of their careers, the insured person must have retired in accordance with the rules prior to the pension reform – that is, before November 13, 2019.
In addition, only those who started payments (concession) in the last ten years will be able to revise the benefits, due to the so-called statute of limitations. “If you retired ten years and a day ago, you no longer have the right to review”, says Badari.
Pensioners and sickness benefit recipients may also have review rights.
If the insured person wins the lawsuit, he will be entitled to receive late payments for the last 5 years and may also have an increase in the amount of the monthly benefit, depending on the contribution amounts before July 1994.
Source: CNN Brasil
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