Retired by the General Social Security Regime may revise value if they return to work and contribute another 60 months
The Social Security, Social Welfare, Childhood, Adolescence and Family Commission of the House of Representatives approved a bill that allows the recalculation of the benefit to the RGPS (General Social Security) regime that remained or returned to the labor market and contributed for at least 60 months.
The text, approved on the 3rd (29.ab.2025) is the substitute of the rapporteur, Deputy Laura Carneiro (PSD-RJ), for Bill 2567/11, of the Senate, and 30 tapped.
The original version of the Senate expanded benefits to retirees who returned to work, but the opinion kept the right only, depending on the case, the family salary and professional rehabilitation.
“The additional contributions of the retired insured may be used by administrative procedure of recalculation of the monthly income amount, observing certain conditions”explained Laura Carneiro.
60 more months
For the approved substitute, people who continued or returned to work and contributed for another 60 months to social security may ask the INSS (National Institute of Social Security) a new calculation of retirement.
Each insured can place similar orders up to twice.
The future rule will not be valid for all pensions. Cases of permanent disability and special retirement, for example, will be left out. On the other hand, pensioners will also be entitled to request the recalculation.
Previdence
Laura Carneiro took advantage of most of one, who opened the possibility of a insured to give up the benefit already granted by the RGPS – the so -called dismissal. Read the proposal (PDF – 436 kb)
“Retirement is a perfect legal act, and the dismissal thesis implies the resignation and the consequent cancellation of benefit under maintenance, as well as the question of possible return of the amounts paid,” said the rapporteur.
In 2016, on the grounds that there was no law about it, the Supreme Court (Supreme Court) decided to unconstitutionality of the disregard. The decision was reiterated by the court in 2020.
Next Steps
The project is processed in conclusive and will still be analyzed by the finance and tax committees; and constitution and justice and citizenship.
To become law, it will have to be approved by the House and Senate, which will analyze the changes made by the deputies.
With information from
