The Federal Supreme Court (STF) approved this Friday (25) the review of the entire life of beneficiaries of the National Social Security Institute (INSS). The court formed a majority of 6 to 5 in the process, which was paralyzed with a request for views from Minister Alexandre de Moraes, who gave his mining vote in favor of the insured.
Thus, it became constitutional to include all social security contributions made by workers before July 1994 in the pension calculation. Previously, payments to the INSS were considered only after the date, which marks the beginning of the Plano Real.
+ Check if you are entitled to a lifetime review of the INSS
The decision of the STF will make it possible to review, through legal action, and increase the values of many retirements and pensions granted by the INSS. However, the lifetime review can also lower the value of some pensions. It is therefore necessary to do the math before requesting the review.
The rapporteur of the process, Minister Marco Aurélio, was in favor of the review, who was accompanied by Edson Fachin, Cármen Lúcia, Rosa Weber and Ricardo Lewandowski. Nunes Marques, Dias Toffoli, Roberto Barroso, Gilmar Mendes and Luiz Fux were against.
“The insured who implemented the conditions for the social security benefit after the enactment of Law 9,876, of 11/26/1999, and before the validity of the new constitutional rules, introduced by EC in 103/2019, which made the transitory rule definitive, has the right to opt for the definitive rule, in case it is more favorable”, said Minister Alexandre de Moraes in his tie-breaking vote.
The lifetime review seeks to correct a distortion created by the Social Security reform in 1999, when the transition rule created two formulas for calculating retirement.
INSS insured up to November 26, 1999 would have an average salary calculated on 80% of the highest contributions as of July 1994. Those who started contributions from November 27, 1999 would have an average salary calculated with all salaries.
The retirees who are entitled to this review are those who have obtained the right in the last 10 years, since before the pension reform in November 2019.
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