Another retiree obtained in court the right to include social security contributions prior to 1994 in calculating the INSS benefit. This correction is known as “life review.” The update considers the largest contributions made before July 1994 and not only the average of the 80% higher after the creation of the Real Plan. With this, the benefit will increase from R $ 3,669.57 to R$ 5,645.80, up 53.82%.

The decision opens the precedent for other retirees. “The rule in force, supported by Law 9.876 / 99, considers for the calculation of pensions only the contributions made as of July 1994. And the Justice proceeded to take into account the payment prior to this period,” said Murilo Aith, from Aith, Badari and Luchin Advogados.

The lawyer says that in this specific case, J.C.C., 76, a resident of Curitiba, retired in 1987 and had the benefit calculated on the average of the 80% higher contributions subsequent to the Real Plan. With this INSS only considered the contributions made from July 1994, year that determines the law in the initial calculation. The limitation caused injury to the insured, since it had contributed with values ​​greater than those made when the law limiting the revisions came into effect.

“The recognition of the right in addition to re-adjusting the value of the benefit to the ceiling of the INSS (R$ 5,645.80) should yield arrears of R$ 250 thousand,” celebrates the specialist. The institute appealed the judicial decision, but the 10th Federal Pension Code of Curitiba maintained the readjustment of the amounts. One point the lawyer points out is that many people who retired before 1988 have the right to request a review of the social security benefit, but are unaware that they have that right.

Decisions open before

Judicial rulings in favor of a lifetime review set precedents for other retirees, according to experts. Last May, the 6th Federal Court of Justice ordered the institute to review the benefit of a retiree taking into account contributions prior to 1994. With the decision, the retiree’s pension will increase from R$ 3,155.98 to R$ 4,228.20. They are behind schedule, but according to Cristiane Saredo, from the Vieira and Vieira Legal and Social Security Office, the INSS is the one who will determine how much to pay retroactively.

“We always ask for the updated and corrected difference since the retirement grant. It is the INSS that presents the calculations when the judge orders, but only when the appeal ends, “says Cristiane. In Resende, in the southern Fluminense, Justice also recognized the right to review all life. The insured E.R.V, 59, received minor arrears (R$ 28,348.71), and his benefit increased significantly. Prior to the lawsuit, he received R$ 3,801.09, now with contributions that did not qualify for the benefit, the insured’s pension will be raised to R$ 4,249.54.

“Increasingly, Justice has increased hope for retirees to have recalculated their benefits, including contributions that the INSS did not consider, giving them the chance of a monthly benefit improvement,” says lawyer Murilo Aith.

Source: Jusbrasil