Rural retirees have the right to retire after working in rural activities such as farming or artisanal fishing.
The process of applying for this benefit may lead to confusion.
This text will discuss rural retirement, eligibility criteria, requirements, and distinctions from urban retirement.
Ultimately, you will possess important insights to assist your clients throughout this procedure.
What does Rural Retirement entail?
Rural retirement is a benefit for workers who work in rural areas.
It was created through the 1988 Federal Constitution and governed by Law No 8,213/91 to acknowledge the unique aspects of rural work, like the irregular payment of contributions in some situations.
The benefit aims to provide dignity and assistance to those who are insured after years of commitment to rural work.
Explore our comprehensive manual to gain further insights on Social Security.
Who qualifies for Rural Retirement benefits?
Rural workers who qualify for this benefit are grouped into distinct categories.
- Special insured refers to family farmers, artisanal fishermen, and indigenous individuals working within a family economy structure, without relying on permanent wage labor.
- Workers in rural areas who are employed on agricultural properties through a formal work arrangement are known as rural employees.
- Rural workers are individuals who offer services to multiple companies without having a formal employment arrangement, facilitated by trade unions or similar organizations.
- Rural individuals who are either small-scale producers or self-employed workers contribute to the INSS.
What are the qualifications for Rural Retirement?
To qualify for retirement in rural areas, the worker needs to fulfill specific requirements.
- Minimum age requirement is 55 for women and 60 for men.
- Proof of a minimum of 15 years (180 months) of work in the countryside is required.
The proof of engaging in rural activity effectively will be based on the months just before applying for the benefit, even if not continuous.
The special insured individual does not have to demonstrate a pension, but must provide adequate evidence of rural activity.
Employees and individual contributors need to hand in their work contributions for the time they have worked.
Proving eligibility for Rural Retirement.
Proof of eligibility for rural retirement benefits must adhere to the regulations outlined in Article 106 of Law No. 8.213/91, as modified by Law No. 11.718/2008.
The insured is required to provide proof of engaging in rural activities, which may include submitting certain documents.
Article 106, I – either an individual employment agreement or the Social Work and Social Security Charter;
Leasing, partnership, or rural development agreement.
The statement of the rural worker union or fishermen’s union or colony must be approved by the National Institute of Social Insurance (INSS).
Registration proof from the National Institute of Colonization and Agrarian Reform (INCRA) is required for family economy producers.
The rural producer’s notepad.
Invoices for imported goods, as outlined in Paragraph 7 of Article 30 of Law No. 8,212 of July 24, 1991, must be provided by the buyer and show the seller’s name as the insured party.
Tax records related to the transfer of rural goods to the agricultural cooperative, fisherman, or other parties, specifying the insured as the seller or consignor.
Proof of receiving Social Security contributions from selling production.
A copy of the income tax return showing income earned from selling rural products is required.
Occupation license or permission granted by Incra.
There are additional rules for verifying rural activity based on the type of insured, as outlined below.
Insured with special coverage.
Law No. 13,843 of 2019 introduced modifications to the requirements for proving exercise, leading to a distinction in the requested documents for periods before or after January 1, 2023.
Let’s take a look.
- Before January 1, 2023:
Activity verification, the special insured’s status, and their family group must be confirmed through a self-declaration validated by the National Program of Technical Assistance and Rural Extension in Family Agriculture and Agrarian Reform (PRONATER).
The insured individual will complete the self-declaration using the appropriate forms found at: https://www.gov.br/inss/en-br/rights-e-dever/retirement/retirement-per-age-worker20%a
It is possible to utilize the “Electronic Rural Self-Declaration” on the “My INSS” app for Rural Worker Age Retirement, within 30 days of the request.
- From January 1, 2023 onwards:
Proof of the special insured’s rural activity must be shown only through the information in their registration, as stated in Article 19-D of Decree No. 3.048.
The special insured’s activity exercise will be verified through documents specified in Art. 116 of Normative Instruction No. 128.
Indigenous individuals with special insurance coverage
The National Foundation of the Indian (FUNAI) conducts electronic certification to verify the unique insured activity of indigenous people.
The Exercise Certainty of Rural Activity – Indigenous – CEAR, issued by FUNAI, can also be presented.
Insured indigenous individuals who are not certified by FUNAI or non-indigenous individuals, including spouses and companions, must provide proof of their activities in the same manner as other workers, even if they work on indigenous lands.
Employee, Freelancer, and Personal Input
The rural worker, the big rural employee, and the individual rural taxpayer must provide documentation to prove their involvement in rural activities.
As per the specified sections of the Standard Instruction PRES/INSS 128/2022:
- Arts. 48 to 51 pertain to employees.
- Arts. 85 to 88 apply to a worker who has been detached.
- Individual contribution: Articles 91, 94 (VI and IX of the heading and paragraphs 4 to 8), Articles 95 to 97
If there are no documents available, you can request the processing of administrative justification (JA).
The INSS will approve it upon the submission of concrete evidence of rural service during the stated period by the insured (Art. 571 of Standard Instruction PRES/INSS No. 128).
Differences in Retirement between Rural and Urban Areas
The primary distinction between retirement in rural and urban areas lies in the requirements for eligibility.
- Rural workers can retire at a younger age (60 for men, 55 for women), while urban workers must adhere to the standard retirement age (65 for men, 62 for women).
- In rural retirement, proof of rural activity is sufficient for the special insured, without the need for regular INSS contributions. In urban areas, regular monthly contributions are necessary during the lack period.
- Rural workers rely on documentation or self-declarations for proof of their activities, whereas urban individuals require contributions to be registered in the CNIS.
Is your client prepared to apply for retirement?
Understanding the intricacies of retirement in rural areas is crucial for enabling customers to efficiently and confidently access their pension benefits.
Use the details provided in this text to instruct field workers on the essential paperwork, necessary criteria, and unique aspects of this entitlement.
Therefore, you will be ready to help them at every step of the process, guaranteeing the optimal outcome.
