Special Retirement is a benefit designed to safeguard employees who are subjected to hazardous working conditions that may impact their health or safety.
This guide explains the key points of the benefit, the criteria, how to calculate and apply for it, and addresses common questions to provide clear and helpful information for lawyers and employees.
What does Special Retirement refer to?
Special Retirement is a pension benefit designed to provide compensation to workers who work in hazardous or unsafe environments.
Continuous exposure to physical, chemical, or biological agents like loud noise, high temperatures, or harmful substances can impact health in the long term, leading to a shorter working period to ensure retirement benefits.
After the pension reform (EC 103/2019), special retirement now requires a minimum age to ensure the protection of workers at risk.
What do Insalubrity and Hazard represent for the INSS?
Insufficiency and danger are crucial ideas when it comes to identifying labor and pension entitlements, particularly in the context of special retirement eligibility.
Understanding your definitions, characteristics, and examples can provide clarity on how INSS handles your case.
Not in good health
Insufficiency pertains to work environments where employees are exposed to harmful substances that affect their health.
It can be assessed either quantitatively, with a defined limit, or qualitatively, where the presence of the agent indicates the condition.
- Types of Unhealthy Agents
- Chemical exposure can occur through contact with solvents, paints, or toxic dusts, such as workers in chemical industries who are exposed to solvents.
- Excessive noise, intense heat, or vibrations above acceptable levels can impact machine operators, such as those experiencing noise levels over 85 decibels.
- Exposure to viruses, bacteria, or fungi in hospital settings or labs can occur when nurses and lab technicians handle infectious samples.
- Categorization of poor health
- Controlled exposure to light can still be harmful.
- Regular exposure to harmful substances.
- Serious: ongoing and high-risk health exposure.
Recurring cycles
Periclesity is connected to circumstances that put physical safety at risk.
- Workers who work with or store explosives, such as those in quarries or pyrotechnic industries, face explosive hazards.
- Exposure to electricity at hazardous levels, such as electricians working with high voltage systems.
- Security and Surveillance professionals operate in high-risk environments, such as armed guards at banks.
Who qualifies for Special Retirement?
Special retirement benefits will be given to workers who have been exposed to hazardous conditions for 15, 20, or 25 years, as stipulated by Law 8.213/91.
Refer to Article 87, Section 1 of the Law.
Special retirement under Law No 8.213/91 is granted to insured individuals who have worked in conditions that jeopardize their health or physical well-being for a specific period of time as mandated by the law.
To qualify for the benefit, the employee must demonstrate ongoing contact with harmful substances (Article 57, Sections 3 and 4, Law No. 8.213/91).
This evidence is presented in documents such as:
- PPP covers details about work environment and potential hazards.
- Engineers or occupational physicians create the Technical Report on Working Environment Conditions (LTCAT) to verify unhealthy work conditions.
It is essential to meet the following combined conditions, as well as provide documentary evidence.
Special Criteria for Retirement
The Constitutional Amendment No 103/2019 introduced new regulations for awarding the benefit.
Retirement for a special cause: Charity [Article 14, heading, EC 103/2019 and Article 25, II, Law No. 8.213/91]
The INSS requires a minimum of 180 months of contribution, regardless of exposure to harmful agents.
This condition is standard for all retirement plans, making sure that the individual has made contributions for an adequate duration.
Retirement under special conditions: Minimum age requirement [Article 19, Section 1, I, (a, b, and c, Constitutional Amendment 103/2019]
The pension reform changes the minimum age required for special retirement eligibility.
- 55 years old for risky activities and 15 years of participation.
- 58 years old with moderate risk and 20 years of contributions.
- For lower-risk activities, individuals aged 60 with at least 25 years of contributions are eligible.
Contribution time for special activities is specified in Article 19, Section 1, Item I of Constitutional Amendment 103/2019.
The worker’s contribution time to the INSS can vary depending on their exposure to harmful agents.
The time for contributions can range from 15 to 25 years.
If the insured individual engages in multiple special activities but does not meet the minimum period requirement for any one activity during their contribution period, the contribution time for each activity can be combined and considered for eligibility for benefits.
Special Retirement Options
There are three kinds of unique retirement plans, as mentioned earlier.
Special Retirement – 15 years of detrimental exposure
Workers facing dangerous situations, like working in underground mines where they are exposed to harmful gases:
- Time of contribution: 15 years;
- Minimum age requirement is 55 years.
Special Retirement – Two decades of damaging exposure
It pertains to activities with a medium level of risk, like surface mining or employment in chemical sectors.
- Contribution period: Two decades.
- Minimum age requirement is 58 years.
25 years of detrimental exposure leading to a unique retirement opportunity
It is more frequent and involves low-risk tasks that involve ongoing exposure to noise, biological, and chemical substances, as seen in professions like doctors, nurses, and metallurgists.
- Time of contribution: 25 years;
- Minimum age requirement is 60 years old.
What is the significance of Special Retirement?
Special retirement benefits have been altered by the pension reform.
- It was previously determined by averaging 80% of the higher contribution wages since July 1994, without applying the pension factor, according to Law No. 8.213/91.
- The post-reform calculation will be 60% of the average contribution salaries since July 1994, with additional 2% per year of contributions beyond 20 years for men, and 2% per year exceeding 15 years for women or specific workers.
- 2% annual contribution increase for men who have contributed for over 20 years.
- 2% is added for each year of contribution after 15 years for female workers or those in jobs requiring a minimum of 15 years.
- 2% annual contribution for men who have contributed for more than 20 years.
- 2% for each year of contribution beyond 15 years for women or employees in roles that demand a minimum of 15 years.
Which occupations qualify for Special Retirement benefits?
Examples of the professions eligible for Special Retirement include:
- Doctors, nurses, and medications have been contributing for 25 years.
- 20 years of service: Extracting mercury and molding lead.
- Miners underground and surprising after 15 years of dedication.
To view all activities, visit our comprehensive retirement careers chart.
Are you prepared to apply for your client’s customized retirement plan?
Now that you are familiar with the specifics of special retirement, it is time to apply your knowledge and skills.
By using the information provided in this guide and having necessary documents like PPP and LTCAT, you can guarantee that your clients receive the welfare benefits they deserve.
Utilize legal AI tools to streamline the process, guaranteeing well-supported petitions and precise inquiries to legal precedents.
Therefore, by providing high-quality outcomes, you enhance your clients’ confidence in your legal services.
