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Under the draft law on the rules of the National Institute of Social Security (INSS), the economic team of the Minister of Economy, Paulo Guedes, studies the difficulties of Access to retirement for those who have to leave work because of health.
According to the persons involved in the discussions, an article is on the agenda so that the period of receipt of the sickness benefit is in practice deducted from the time necessary to have the right to take his retirement.
From a technical point of view, what would happen would be a change in the way of calculating the so-called grace period: the minimum number of months paid to the INSS to be entitled to benefits, such as benefits and pensions
To retire by age, you must have at least 180 months of contributions, which equals 15 years. If, during this period, the person has a health problem and stays there for a year, for example by being sick, she can not count this year on needs. You will have to work another year to catch up.
The draft amendment to the law considers that when the person is absent and receives badistance, it does not contribute to the INSS
The impact of the measure would be mainly on old age pensions, which will affect all low-income people.
In Brazil, the poorest population generally retires according to age, as this part of the population does not remain in the formal labor market for many years. Under the current rules, men (65) and women (60) who have at least 15 years of welfare contributions get this benefit. For rural workers, it is less five years for both bades.
Currently, the country has about 10.77 million pensioners per age, representing nearly 31% of social security benefits and 27% of total expenditures. Last year, the average amount of benefits stood at around R $ 970 and the minimum wage at R $ 954.
The merits of the argument are that the court decided in favor of the worker and determined that, in order to calculate the shortage, the time of withdrawal from work for health reasons should be taken into account. For example, a man who has reached the age of 65, has been working officially for 14 years and has received sickness benefits for one year would be entitled to retire according to age, in accordance with to the current rule.
The proposal that has been discussed between technicians from the Ministry of Economy and social security specialists is to change the legislation and prevent this calculation, which would further restrict the law. access to retirement.
The argument is that during the sickness benefit, there is no payment to the INSS. Therefore, this period could not be considered as a means of achieving the minimum requirements.
The change would have little effect in the case of pensions for the duration of contributions – for which there is no age and the duration of contributions is 30/35 years (women / men). In this case, there is a grace period of 15 years, but since the required contribution time is much longer, the exclusion of the sick leave period would not be representative.
According to lawyer João Paulo Ribeiro, a specialist in social security law, the proposal raises fundamental questions about social security. "If the person is sick, it has to be supported by the system, which is a situation that is contrary to the will of the worker," he said.
The provisional measure (MP) that will comb a fine in the INSS is still being badyzed by the government. President Jair Bolsonaro (PSL) to approve and publish text to be sent to the National Congress
In the broad outline of the PM, the technical team did not provide an estimate of the reduction in badistance costs with this measure under consideration. Some think that this new rule would be valid immediately, but experts have opposed this thesis.
The consultors of the Chamber of Deputies argue that it would be unfair to those who are already part of the social security system; the amendment would only be valid in the future.
During the management of Michel Temer, the INSS combed through 710,800 disability pensions and 471,600 benefits to insured persons who were receiving the benefit more than two years ago, including 55 % (both) had the benefit cut.
TWO BENEFITS
By withdrawing the sick leave period to calculate the shortage, it would also be more difficult for a worker to be entitled to two short-term benefits.
The interim measure under preparation provides for the creation of a grace period to benefit from the aid to imprisonment paid to the dependents of the arrested worker.
Initially, a minimum period of 12 months of contributions would be established, but this period could be extended, depending on the participants in the discussions.
Provisional measure to change the rules of social security can save up to 20 billion rubles a year, said Family Minister, Onyx Lorenzoni
The Civil House and the Ministry of Economy are planning to close this week the final version of the text with Bolsonaro. The proposal will be presented to the President on Wednesday (9). Social security economists are also consulted by the Guedes team.
The member's goal is to fight social security fraud and modernize legislation. The idea is to tighten the rules for death, childbirth and retirement pensions in rural areas.
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