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Retire and continue working in 2019? See what are your rights at INSS. Asking for retirement is already synonymous with stopping work. Nowadays, it is not anymore. Whether to supplement income or because he is too young to be unemployed, insureds continue to be active.
Not everyone in this situation knows their rights. UOL has maintained with pension lawyers, Rômulo Saraiva and Murilo Bastos Mella, with labor lawyer Alan Balaban and health law lawyer Sérgio Meredyk Filho. See main points below
Total withdrawal of the FGTS
Upon withdrawal, all amounts deposited in the FGTS can be withdrawn.
If you are dismissed without just cause, the pensioner is still entitled to a fine of 40% of the total balance deposited by the company.
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Monthly Withdrawal From the FGTS
A retiree who continues to work in the same business as the one he retired from may withdraw monthly the new FGTS deposits deposited by the society. withdraw money from the FGTS when the employment contract terminates or in the same situations as the ordinary worker – such as housing finance, serious illness or dismissal without fair demonstration ausa , for example.
The retiree may request the monthly programming of the FGTS service at a Caixa branch. The money is transferred to a current account of Caixa or another bank that the insured prefers. To request the appointment, it is necessary to submit:
- Document proving the retirement provided by social security or an equivalent body;
- Portfolio of works proving the link with the company;
- Identification document with photo
Withdrawal of PIS / Pasep fonds
The government temporarily released the draw of the PIS / Pasep fund for all ages.
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From 1971 to 1988, companies and public bodies deposited money in the PIS / Pasep fund. name of each of its employees and contracted servers. Each worker had a portion (quota) of the fund. Therefore, anyone who worked as an entrepreneur in a company or server before October 4, 1988 has an account in the PIS / Pasep fund.
To make a withdrawal, you must look for a branch of Caixa (for employees of private companies) or
In the city of São Paulo, in the city of São Paulo, in the city of São Paulo, in the São Paulo city, for example, in addition to retirement, it is necessary to follow certain criteria, such as:
- do not have other property in the municipality,
- use it as residence,
- have a monthly income less than or equal to five (R $ 4,770), in 2018),
- the actual value of the property must reach R $ 1,176,311.
The exemption varies according to the income of the retiree. It will be:
- 50% when the amount received is between three and four minimum wages (between R $ 2,862 and R $ 3,862, R $ 2,862, R1 and R $ 3,816),
- 30% when the amount received is between four and five minimum salaries (between R $ 3,816.01 and R $ 4,770).
To Claim an Exemption in the City of São Paulo
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- Maintenance of the Health Care Plan
If the Pensioner Pays the Health Care Plan for at Least Ten Years he has the right to maintain the partnership for life of the company. If you have been paying the plan for less than 10 years, you can keep it for a period proportionate to what you contributed. If you contribute for five years, you can keep the plan for another five years.
The rule is only valid for people who have actually paid the health care plan. It is not valid for co-participation (contribution paid for each consultation and procedure performed).
The retiree retains this right even if he asks to retire and stays in the business. When you leave the company, you must inform the human resources of your interest in maintaining the plan.
If you get a new job offering a health plan, the retiree loses the right to the plan of the previous company.
How do you get it? labor rights
The working pensioner continues to enjoy the same labor rights as he had before filing the application with the INSS.
How are the rights to social security
The worker who retires continues to contribute to the INSS but does not have the right to (19459005) (for insured persons with low income and children under 14)
If the worker is a victim of a sick accident, he is not entitled to sickness benefits. In other words, if he has to be away from work for more than 15 days, he will only receive retirement.
In addition to having only two social security rights, the insured does not receive contributions to social security and there is no longer the right to call disappointment. In 2016, the Federal Supreme Court (STF) ruled that the pensioner of returning to the labor market could not benefit further from the maintenance of his contribution.
- Maintenance of the Health Care Plan
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