Keep an eye out, as Period worked after commencing lawsuit against INSS may be included in the benefit calculation

Keep an eye out, as Period worked after commencing lawsuit against INSS may be included in the benefit calculation: Workers who filed lawsuits against the National Social Security Institute – INSS may include in the calculation benefit the period worked after the commencement of the lawsuit.

Period worked after lawsuit against INSS commenced

May be included in benefit calculation

This exchange was authorized in a ruling published by the Superior Court of Justice – STJ, as anticipated by the newspaper Agora São Paulo last Wednesday, 12/12/2019.

With the decision, the understanding is unified on this issue, which was previously judged in different ways depending on the region of the country.

Insured Seeks Justice a Benefit

In practice, from now on, if an insured seeks a benefit in court, but the judge understands that he is not entitled, this worker may again claim the benefit, accounting for the time worked while the action was pending.

This date change for calculation of the time of contribution is already authorized in the claims for benefits under administrative procedure, that is, at the National Institute of Social Security.

Keep an eye out, as the Period worked after the INSS lawsuit could be included in the benefit calculation : Workers filing lawsuits against the National Institute of Social Security

For Alexandre T., Vice President of Brazilian Institute of Social Security Law – IBDP , the measure benefits all involved in the action :

• Insured,
• National Institute of Social Security and itself
• Judiciary.

– This is a decision that is beneficial to the insured because it considers the time that has been accumulating during the course of the process. In addition, it is good for the National Institute of Social Security because it prevents the insured from having to file the claim again. And it still impacts the judiciary, because it prevents a new lawsuit from being opened – he says.

Vice President of Brazilian Institute of Social Security Law – IBDP

The lawyer points out, however, that the decision of the Superior Court of Justice only applies to actions that are in the first and second instance.

In addition, the National Institute of Social Security should be required to comment on the recalculation requested by the beneficiary.

Calculate Benefit Amount

To calculate the benefit amount, one must first calculate the benefit salary, which corresponds to the simple arithmetic average of the 80% highest contribution salaries, monetarily adjusted since July 1994.

With a simple visit to social security service posts, you can know this value.

How is retirement age calculated?

Art. 3 For the insured affiliated to Social Security until the day before the date of publication of this Law, which meets the conditions required for the granting of benefits of the General Social Security Scheme, in the calculation of the benefit salary, the following shall be considered: simple arithmetic average of the highest salaries

How is the retirement calculation 85 95?
5) Calculate the rule 85 95 (90 100)
Rule 85 95 is the sum of the AGE of the person and their CONTRIBUTION TIME at the time of retirement. To get a clear understanding of Rule 85 95, read the following articles: Rule 85 95 and retirement by age; TOP 5 questions about INSS rule 85 95.

What is the ceiling of the INSS?
The readjustment is valid since January 1, 2019. The ceiling of benefits paid by the National Institute of Social Security (INSS) becomes R $ 5,839.45 (formerly R $ 5,645.80).

Sources of Information

• ABCTudo Brazil Law