REVISÃO DA VIDA TODA: NOVO PROJETO DE LEI

Project proposes fairer retirement for those harmed by INSS rule The objective is to correct distortions in the calculation of benefits and ensure that retirees receive the most advantageous amount. Bill 3379/026, by Representative Ribamar Silva (Pode-SP), guarantees Social Security beneficiaries the right to choose the most advantageous benefit calculation rule, allowing the inclusion of contributions made before July 1994. The measure revives the thesis known as "lifetime review". The text amends the Social Security Benefits Law (8.213/91) and the law that created the social security factor (9.876/99). According to the proposal, the rule will apply to beneficiaries affiliated with Social Security until November 28, 1999, and who met the requirements for retirement before the 2019 Social Security reform (Constitutional Amendment 103). For benefits granted between November 1999 and November 2019, the bill stipulates that the review be carried out automatically by the National Social Security Institute (INSS). No retroactive payments To enable the approval of the matter and maintain fiscal responsibility, the bill establishes an important safeguard: the review will not generate the right to receive retroactive financial differences. In other words, the retiree will only receive the higher amount from the date the new law comes into effect, without claiming "arrears" from previous years. "The solution focuses on correcting the monthly benefit amount for the future, guaranteeing social security justice from the date the law comes into effect, without imposing a disproportionate financial liability on the Union," explains Congressman Ribamar Silva. The text also allows insured individuals who already have ongoing legal action on the subject to withdraw their claim, with exemption from payment of fees and court costs, so that their benefit can be reviewed administratively under the new rules. Justification and Background The 1999 transitional rule stipulated that, for those already affiliated with the INSS (Brazilian National Social Security Institute), the retirement calculation would only consider salaries from July 1994 onwards (the beginning of the Real Plan). According to the author of the bill, this generated a "profound inequity," harming workers who had their highest salaries and contributions before that period. The issue was the subject of intense legal dispute. In 2022, the Supreme Federal Court (STF) recognized the right to a "lifetime review." However, in March 2024, the Court changed its understanding when judging actions of unconstitutionality (ADIs 2110 and 2111), deciding that the 1999 transitional rule is mandatory, which, in practice, prevented the option for the most advantageous rule. "The jurisprudential oscillation did not offer a stable solution to the issue, creating the need for the Legislative Branch to regulate the matter definitively," argues Ribamar Silva. He argues that the proposal creates a "new right, more just and equitable," respecting the Supreme Court's decision, but acting within the Parliament's competence to respond to the demands of society. To become law, the proposal needs to be approved by the Chamber of Deputies and the Senate. Source: Agência Câmara de Notícias