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Ministry clarifies servants on vesting and reciprocal counting

New pension

False rumors involving New Social Security are circulating through social networks, messaging and email applications.

The Special Secretariat for Welfare and Labor of the Ministry of Economy warns servants under their own regimes and insured members of the General Welfare Regime about false rumors about New Social Security that are circulating through social networks, messaging applications and e-mail.

One of the rumors relates to alleged changes in the rules for calculating and reviewing benefits for those who have already met retirement requirements but are still active. False messages claim that all benefits granted after approval of the constitutional amendment would be calculated and readjusted under new rules.

But this news is not true, since art. 3 of Proposed Amendment to the Constitution (PEC) No. 06/2019 (wording already approved in the 1st round in the Chamber of Deputies) expressly assures the acquired right to voluntary retirement of all insured persons who meet the requirements until the enactment of the amendment. This guarantee covers the contribution time and age required today as well as the rule for calculating the initial benefit amount and future readjustments under current law.

The text of Nova Previdência is expressed in stating that the retirement benefits to be granted to the insured with vested rights will be calculated and adjusted in accordance with the legislation in force at the time the requirements established for granting these benefits were met. It is even clear that employees who continue working until the age limit for compulsory retirement will be entitled to the most advantageous earnings.

The art. 82 of Normative Guideline SPS / MPS No. 02/2009 provides that, in calculating the benefit granted to the employee in accordance with the legislation in force at the time of the acquisition of the right, the remuneration will be used at the time of retirement, a measure that favors those that keep on going.

It is also important to clarify that the provision proposed by New Welfare Law on acquired rights (article 3 of PEC No. 06/2019) has the same terms as that approved by Amendment No. 41/2003 and that it did not cause any damage to the insured after your approval.

Another point in which false news has arisen is about the right to reciprocal counting of the contribution time between the regimes (endorsement of certificate of contribution time) guaranteed in the Federal Constitution and which will remain in its entirety in the New Welfare. The amendments to Law No. 13,846 / 2019 only reaffirmed this right, with the requirement to issue the Contribution Time Certificate, combating fraud that could occur without the issuance of this document.