Special Retirement: Changes After STF Decision and New Bill

The Supreme Federal Court (STF) declared unconstitutional the minimum age requirement for special retirement for workers exposed to harmful agents, sparking intense debate in Congress. Subsequently, the Chamber of Deputies urgently approved Complementary Bill (PLP) 42/2023, which aims to regulate the benefit differently.

STF Decision Eliminates Minimum Age

The Court ruled on ADI 6.309 and deemed unconstitutional the Social Security Reform rule that imposed ages of 55, 58, and 60 for those with 15, 20, or 25 years of exposure to harmful agents. The understanding was that forcing the insured person to remain longer in a harmful environment contradicts the purpose of special retirement.

What PLP 42/2023 Proposes

The bill, still in deliberation, aims to remove the minimum age from legislation and change the method of calculating the benefit. It also includes the possibility of recognizing special time even if the insured person does not complete the entire required period and discusses the inclusion of arduous activities beyond those involving chemical, physical, or biological agents.

Current Requirements for Special Retirement

Even without a minimum age, workers must prove habitual and permanent exposure to risks and meet the minimum required time – 15, 20, or 25 years, depending on the agent and activity. The law maintains a grace period of 180 monthly contributions and prohibits the conversion of special time into common time for periods worked after the reform.

Required Documentation

The right to the benefit depends on the submission of the Social Security Professional Profile (PPP), technical reports, and other records that attest to the actual working conditions. The absence or discrepancy of these documents is often the main reason for denial by the INSS.

Impact for Sectors such as Mining, Healthcare, and Welding

Professionals in mining, industry, healthcare, transportation, security, and welding, among others, are primarily affected. For welders, the STF's decision eliminates the need to reach 60 years of age, allowing them to apply for retirement based solely on proven exposure time.

Next Legislative Steps

PLP 42/2023 still needs to be approved by deputies, senators, and sanctioned by the President of the Republic. Until a new law is enacted, workers should analyze their rights based on the STF's decision, current legislation, and proof of exposure.

With information from Previdenciarista, Bahia Na Política, Bnews.