Retiring at a specific age is a crucial advantage provided by the RGPS to ensure the social protection of employees.
It is essential to comprehend the workings of the Pension Reform and the new rules that will apply in 2025, including eligibility and valuation methods.
This comprehensive manual provides current information and real-life examples to assist you in effectively and clearly guiding your customers.
What is Age Retirement?
Retirement based on age is a pension benefit provided to individuals who meet specific age criteria and have made the necessary contributions to the INSS.
This benefit ensures financial protection in old age by considering both minimum age and service time, unlike retirement based solely on contribution time.
Retirement age criteria in 2025 as per Article 19, EC 103/2019.
After the Pregnancy Reform, EC 103/2019, retirement criteria combined age and contribution time requirements (Article 19, EC 103/19):
- Women can retire at the age of 62 after contributing for 15 years.
- Men can retire at 65 years old after contributing for 20 years.
§ 1 of article 19 of EC 103/2019 contains exceptions to these regulations.
- Check out our complete article on Special Retirement (Article 19, Section 1, Item I, Constitutional Amendment 103/19).
- Retirement eligibility for a teacher who demonstrates proficiency in teaching at the levels of early childhood education, elementary education, and high school.
- The teacher is 57 years old and has been teaching for 25 years.
- The teacher is 60 years old and has been teaching for 25 years.
Check out our full texts for detailed information on the specific regulations regarding Rural Retirement and Special Retirement.
How much time does it take to exit retirement based on age? [Article 49, Law 8.213/91]
The deadline for retirement based on age varies depending on the INSS assessment.
The benefit is owed as stated in Article 49 of Law No. 8.213/91.
- Employees:
- Up to 90 days after the job shutdown date, as stipulated in Article 49, I, a of Law No. 8,213/91.
- If no closure occurs within 90 days of the application date (Article 49, Section I, b, Law No. 8,213/91).
- For other policyholders: Starting from the application date (Article 49, II, Law No. 8,213/91).
The INSS typically has a maximum of 45 days to approve the benefit following the application, but there might be delays.
What is the significance of Retirement at Different Ages? [Article 26, Section 2, Constitutional Amendment 103/2019]
The calculation is based on 60% of the average of all contribution salaries since 1994, with additional adjustments.
- 2% additional annual contribution for each year beyond 15 years for women or 20 years for men.
Calculating Retirement Age: A Step-by-Step Guide
To determine the Retirement Benefit by Age value, it’s essential to adhere to these sequential instructions.
- View CNIS: Review the contributions record.
- Calculate the mean salary by utilizing all wages from July 1994 onwards (or from the beginning of contributions).
- Apply the following calculation: 60% of the average salary plus 2% for each year beyond 20 years for men or 15 years for women.
- Compare with the minimum wage and the maximum INSS limit to ensure you are within the boundaries.
What is the guideline for retiring based on age?
Before the pension reform, women could retire at the age of 60, while men could retire at 65.
EC 103/19 revised the minimum age requirement for women to 62 years and introduced a minimum contribution period of 15 years, with at least 180 months of contributions required for both genders.
Some regulations were established to guarantee a seamless transition at the retirement age.
Retirement age transition regulations for women [Article 18, EC 103/3019]
Women who have made contributions prior to the Pension Reform (13/11/2019) are subject to a particular transitional rule outlined in article 18 of EC 108/19 for retirement by age.
- Minimum period of contribution: 15 years.
- Minimum age for progressiveness.
- 2019 marks the 60th anniversary.
- In 2020, it was 60 years and 6 months.
- In 2021, he turned 61.
- 2022: 61 and a half years
- From 2023 onward, there will be a 62-year span.
The calculation method for retirement benefits stays consistent with the guidelines outlined in the pension reform.
Transition regulations for male retirement age [Article 18, EC 103/2019]
Men who have made contributions prior to the enactment of EC 103 on November 13, 2019, may opt for retirement based on age if they have completed 15 years of contributions, at least 180 months of contributions, and are at least 65 years old (Article 18, EC 103).
The calculation of retirement benefits must adhere to the guidelines set forth in the reform.
Is Your Customer Ready to Initiate Their Retirement Request?
It is important to understand retirement planning for different age groups in 2025 to effectively help your clients.
It is possible to guarantee your customers access to their fundamental rights with proper information and planning. Learn about the benefits of our AI tools for lawyers to improve your legal practice.
Is it possible to collect Retirement and Pension at the same time?
It is feasible to gather retirement and survivor pension benefits. Refer to our detailed information to understand the process.
How to achieve retirement at a certain age?
The order can be placed through the My INSS website or app.
Documents like RG, CPF, proof of address, CNIS history of contributions, and birth certificate or marriage certificate, if applicable, are required.
Can you work after retiring?
The pensioner can still work, except in specific retirement situations that involve refraining from risky activities.
The pension contribution is still required for those who stay in the workforce.
Is it feasible to retire without ever having made any contributions?
BPC/LOAS (Continued Benefit) targets vulnerable elderly individuals aged 65 and over.
To find out more about this advantage, refer to our comprehensive manual.
