INSS special retirement: what has changed for workers in unhealthy environments

With new minimum age requirements, understand how to guarantee special retirement and who is entitled to the benefit

Professionals who work in unhealthy environments, where they are exposed to harmful conditions such as excessive heat, intense noise, or toxic substances, have the possibility of retiring early, according to the rules of the General Social Security Regime (RGPS). This type of retirement, known as Special Retirement, allows the insured to access the benefit with a reduced contribution period, provided they meet the specific requirements.

Requirements and contribution period

To apply for special retirement, workers must prove they were exposed to harmful agents during their professional activity, continuously and not occasionally. The required contribution period varies according to the degree of exposure and is divided into three bands: 15, 20, or 25 years. These bands are determined by the National Institute of Social Security (INSS) and require proof of time spent working at risk. In general, the minimum contribution period is 180 months (15 years), but this may increase depending on the intensity and type of harmful agent to which the worker was exposed.

Impacts of the pensionreform

With the enactment of Constitutional Amendment No. 103, known as the Pension Reform, new criteria were established for granting special retirement. For workers who joined the INSS on or after November 13, 2019, a minimum age for special retirement was required, in addition to the contribution period. The new age limits are:

• 55 for those eligible for retirement after 15 years of unhealthy exposure;

• 58 for those who contributed for 20 years in hazardous conditions;

• 60 for those who worked for 25 years in hazardous environments.

Transition rules and acquired rights

Those insured who had already met all the requirements for special retirement by November 13, 2019, before the implementation of the reform, are not affected by the new rules. These professionals can retire under the previous rules, without needing to meet the new minimum age.

For workers who joined the RGPS before the reform but have not yet met the requirements by the deadline, there is a transition rule. This transition requires obtaining a minimum score, resulting from the sum of age and contribution time, in addition to proof of a minimum period of activity in unhealthy conditions. The required scores are:

• 66 points for workers with 15 years of exposure;

• 76 points for those with 20 years of exposure;

• 86 points for professionals who have worked 25 years in unhealthy environments.

Professions eligible for special retirement

Several occupations are eligible for special retirement, provided they meet the conditions regarding contribution time and hazardous work conditions. The most common professions eligible for this benefit include:

• Telephone operators;

• Bus and truck drivers;

• Refrigerated storage operators;

• Welders;

• Metalworkers;

• Boiler and X-ray operators;

• Stevedoring technicians;

• Armed security guards.

Required documentation for special retirement

For the INSS to grant the benefit, it is essential that the worker presents all documentation proving exposure to harmful agents. A key document is the Professional Social Security Profile (PPP), issued by the employer based on technical reports prepared by occupational physicians or safety engineers. Starting January 1, 2023, the PPP must be generated electronically for new employment relationships; the paper version will not be accepted.

How the special retirement amount is calculated

The special retirement benefit amount is calculated using the formula established by the Pension Reform. All of the insured's contribution salaries are added together and monetarily adjusted, and the average is divided by the number of contributions made. The resulting amount, known as the initial monthly income, is set at 60% of the average, with a 2% increase for each year exceeding the minimum contribution period required for the benefit.

How to apply for special retirement

Workers wishing to apply for special retirement can do so entirely online through Meu INSS. The process is simple and can be completed either through the website or the app, without the need to travel. The insured must select the "Retirement by Contribution Period" option and enter the periods worked in exposure to harmful agents, attaching all necessary documentation.

Understanding the rules and requirements is crucial to ensuring proper access to the benefit, and preparing the correct documentation is essential for a successful application. Contributors who meet these criteria should apply for special retirement benefits to ensure security and comfort in their retirement.

Source: Contábeis