By 7 votes to 1, the decision maintains the understanding that retirees cannot opt for the most favorable rule to calculate the benefit
Most of the ministers of the STF (Federal Supreme Court) rejected this Friday (20.Sep.2024) 2 appeals against the Court’s own decision that overturned the possibility of reviewing the entire life of pensions of INSS (National Institute of Social Security). The case is judged by the virtual plenary, in which the ministers simply deposit their vote in the Court’s system.
The voting score is 7 votes to 1 for the rejection of the appeals presented by Ieprev (Institute of Social Security Studies) and CNTM (National Confederation of Metalworkers).
In addition to the rapporteur, Minister Nunes Marques, Ministers Cristiano Zanin, Flávio Dino, Cármen Lúcia, Gilmar Mendes, Luiz Fux and Luís Roberto Barroso voted to deny the appeals.
The only vote in favor of retirees was cast by Minister Alexandre de Moraes, who acknowledged that the STF has already decided to validate the review of the entire life. There are 3 votes remaining.
The virtual trial began at 11 am and will end next Friday (27th September).
Understand the review of your entire life
In March 2024, the Supreme Court ruled that retirees do not have the right to opt for the most favorable rule for recalculating their benefits. The ruling was 7 votes to 4.
Previously, they could choose which rule best applied to their respective situation. The 2 rules discussed are:
- general rule: retirement is based on the 36 highest salaries in 48 months from the beneficiary’s retirement;
- transitional rule: retirement takes into account 80% of contributions made throughout life since July 1994.
The decision overturned another ruling by the Court in favor of reviewing the entire life span. The reversal occurred because the ministers ruled on two unconstitutionality actions against the Social Security Benefit Plans Law (law 8.213 of 1991), and not the extraordinary appeal in which retirees gained the right to review.
When deeming constitutional the 1999 social security rulesthe majority of ministers understood that the transition rule is mandatory and cannot be optional for retirees.
Before the new decision, the beneficiary could opt for the calculation criterion that yields the highest monthly amount, with the retiree being responsible for assessing whether the lifetime calculation could increase the benefit or not.
With information from Brazil Agency.
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