The social security scenario in the country continues to evolve based on the guidelines established by Reforma of Previdência of 2019.
Annual updates, which consider factors such as the population’s life expectancy and economic indicators, directly impact the conditions for granting and calculating values. For this reason, pension planning is no longer an option but a necessity, requiring constant attention to contribution history and legal requirements.
Issues such as minimum age, contribution time and different transition rules are the pillars that define access to retirement. Cada modality has particularities that can benefit or disadvantage the insured, depending on their professional trajectory and the moment in which they started their contributions to the Instituto Nacional of the Seguro Social (INSS).
Details about the minimum retirement age
One of the central points for retirement in Regime Geral of Previdência Social (RGPS) is the minimum age, which remains stabilized. Para For women, the age requirement is 62 years old, while for men, the requirement remains at 65 years old. Essa regra geral é aplicada principalmente na modalidade de aposentadoria por idade, que também exige um tempo mínimo de contribuição de 15 anos para ambos os sexos, para quem já era filiado antes da reforma.
Despite the stability in the minimum age, it is important to note that survival expectancy, calculated annually by Instituto Brasileiro of Geografia and Estatística (IBGE), continues to be an adjustment factor in other modalities, especially in the point transition rule. The increase in the longevity of the population tends to increase the necessary score over time, which reinforces the importance of continually monitoring the requirements so as not to be caught by surprise when requesting the benefit.
The five transition modalities in force
The transition rules were created to support workers who already contributed to the INSS before the reform was enacted in November 2019, but who had not completed the requirements to retire under the old rules. Essas modalities offer alternative paths to obtaining the benefit, softening the impact of the new requirements.
There are five main transition rules available. Elas include the points system, which adds age to contribution time; the progressive minimum age; the 50% toll, for those who were two years away from retiring; and the 100% toll, which requires double the remaining time.
Choosing the most appropriate rule depends entirely on the insured person’s profile, such as current age, total accumulated contribution time and starting date of working life. A detailed analysis of each scenario is crucial, as opting for one rule over another can result in a substantial difference in the final value of the benefit to be received.
How the INSS benefit calculation works
One of the most significant changes implemented by Reforma from Previdência was the methodology for calculating Salário from Benefício, which serves as the basis for the retirement value. Anteriormente, the calculation considered the average of the 80% highest contribution wages since July 1994, discarding the 20% lowest values, which benefited the worker. The current rule, however, uses the simple arithmetic average of 100% of all contribution wages made from July 1994 onwards or from the start of contributions, if later than that date. Essa change means that lower salaries, which were previously discarded, now enter the account, potentially reducing the final value of the average salary. Sobre this average, a coefficient of 60% plus 2% applies for each year of contribution that exceeds 20 years for men and 15 years for women, with the exception of toll rules, which have their own calculation. Portanto, to reach 100% of the average, a man would need 40 years of contributions and a woman, 35 years.
Point system transition rule
The points system is one of the most sought after options by policyholders. Para To retire under this modality, the worker needs to add their age with their contribution time until they reach a minimum score, which increases progressively each year.
In 2024, the required score was 91 points for women and 101 points for men. Essa score increases by one point each year, until reaching the limit of 100 points for women and 105 for men. Além of the score, it is necessary to prove a minimum contribution time of 30 years for women and 35 years for men.
Retirement with 50% and 100% toll
The 50% toll rule is intended for those who were, at most, two years away from completing the minimum contribution time on November 13, 2019 (30 years for women, 35 for men). Nesse case, the worker must contribute for an additional period corresponding to 50% of the time remaining to reach the requirement on the date of retirement. A particularity of this rule is the application of the social security factor when calculating the benefit, which can reduce the final value, especially for those who retire at a younger age.
The 100% toll rule requires the worker to complete an additional period of contribution equal to the time left before retiring in 2019. The great advantage of this modality is that the value of the benefit corresponds to 100% of the average of all contribution salaries, without the incidence of the social security factor, making it a financially attractive option for many insured people.
Organization of documents to speed up the process
Preparing and organizing the correct documentation are crucial steps for a retirement process without delays or rejections. The lack of a single document or the existence of incorrect information in the INSS system can lead to long waits and even denial of the request.
The most important document is the Cadastro Nacional of Informações Sociais (CNIS), also known as the social security statement. Ele brings together all of the insured’s employment relationships and contributions throughout their life. It is essential that the worker reviews this document periodically to identify and correct any errors.
Common errors in the CNIS include employment relationships that were not registered, incorrect start or end dates of contracts and missing or incorrect contribution wages. These data must be corrected before submitting the retirement application, presenting supporting documents such as Carteira of Trabalho and Previdência Social (CTPS), paychecks and contribution forms.
In addition to the CNIS and CTPS, identification documents such as ID and CPF, updated proof of residence and, if applicable, certificates of military service time, rural activity or public service are essential, which can be endorsed to increase the total contribution time.
Understand the annual adjustment of benefits
Once granted, retirement undergoes annual adjustments to preserve purchasing power. For Para beneficiaries who receive an amount above the minimum wage, the adjustment is calculated based on the Índice Nacional from Preços to the Consumidor (INPC) of the previous year, which measures inflation for low-income families.
For those whose benefit is equivalent to the minimum wage, the adjustment follows the policy of valuing the national minimum wage, which currently considers the previous year’s inflation plus the variation in Produto Interno Bruto (GDP) from two years before. The adjustments are always applied at the beginning of each year, generally from the payment for the January period.
Rights guaranteed to retirees by law
Despite reforms and changes in rules, INSS retirees and pensioners have fundamental rights that are protected by Constituição Federal and social security legislation. One of the main ones is the irreducibility of the value of the benefit, which ensures that the nominal amount received cannot be reduced. Outra guarantee is the annual adjustment to maintain purchasing power in the face of inflation, as mentioned previously. Além In addition, the social security benefit is, as a rule, unseizable, that is, it cannot be taken to pay debts, with exceptions such as alimony. The right to the 13th salary, also known as annual bonus, is another consolidated guarantee, paid in two installments throughout the year. Conhecer these rights are essential so that citizens can monitor and demand compliance with their guarantees as an insured person of Previdência Social.
Tools for simulation and planning
The portal and the Meu INSS application are the worker’s main allies in retirement planning. The platform offers a simulation tool that allows you to view the contribution time recorded in the system, check how long it takes to retire in each of the available modalities and estimate the value of the benefit.
Using the simulator is an important step, but it does not replace in-depth analysis. The tool is based exclusively on data contained in the CNIS, and if there are pending issues or incorrect information, the simulation result may not correspond to reality. Therefore, prior verification of the statement is essential.
Given the complexity of the rules, seeking guidance from a professional specialized in social security law can be a valuable investment. A lawyer can carry out complete planning, analyze the history of contributions in detail, identify the most advantageous transition rule and advise on the best strategies to ensure a fair and optimized benefit.