Rural retirees have the right to retire after dedicating their lives to farming, artisanal fishing, or other rural activities.
The process of applying for this benefit may lead to confusion.
We will discuss rural retirement in this text, including eligibility, requirements, and differences from urban retirement.
Ultimately, you will possess important information to assist your clients during this journey.
What does Rural Retirement refer to?
Rural retirement is a form of social security provided to individuals working 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 agricultural work, including the irregular payment of contributions in certain situations.
The benefit aims to provide dignity and assistance to individuals who have worked in rural areas for many years.
Discover additional information about Social Security by reading our comprehensive manual.
Who qualifies for Rural Retirement?
Rural workers who qualify for this benefit are grouped into distinct categories.
- Special insured individuals encompass family farmers, artisanal fishermen, and indigenous people engaged in a family-based economic system and not employing permanent wage labor.
- Rural workers are employees who work on farms under a formal employment agreement.
- Rural workers are individuals who offer services to multiple companies without being directly employed by them, with the assistance of trade unions or similar organizations.
- Rural individuals, such as small producers or self-employed workers, contribute to the INSS.
What are the qualifications for Rural Retirement?
The worker needs to fulfill specific requirements in order to qualify for rural retirement benefits.
- Minimum age requirement is 55 years for women and 60 years for men.
- Proof of a minimum of 15 years (180 months) of work in rural areas is required to qualify for the period of lack.
The proof of actively engaging in rural work 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 receiving a pension; evidence of rural activity is adequate.
Employees and individual contributors are required to submit their contributions for the time they have worked.
How can one demonstrate eligibility for Rural Retirement benefits?
Proof of eligibility for rural retirement must adhere to the regulations outlined in Art. 106 of Law No. 8.213/91, as modified by Law No. 11.718/2008.
The insured needs to provide proof of engaging in rural activities, such as documents.
Article 106, Section I – contract for individual employment or Social Security and Social Assistance Charter.
Lease, partnership, or rural development agreement.
The union representing rural workers or fishermen’s union or colony must have an approved declaration.
Proof of registration with the National Institute of Colonization and Agrarian Reform (INCRA) is required for family economy producers.
Notepad used by rural producers.
Invoices for the receipt of goods, as required by Paragraph 7 of Article 30 of Law No. 8,212 of July 24, 1991, must be issued by the buyer of the goods and include the seller’s name as the insured party.
Tax papers related to the transfer of agricultural products to the farming cooperative, fishermen, or other parties, specifying the insured individual as the seller or consignor.
Proof of reception of Social Security contribution resulting from the sale of goods.
A copy of the income tax declaration showing income earned from selling rural products is required.
Occupation license or permission given by Incra is referred to as X.
There are additional instructions for verifying rural exercise based on the type of insured, as outlined below.
Insured individuals with specific coverage
Law No. 13,843 of 2019 modified certain regulations regarding proof of exercise, resulting in a distinction in the required documentation for periods before or after January 1, 2023.
Let’s take a look,
- Before January 1, 2023:
Activity proof, special insured condition, and family group status must be confirmed through a self-declaration endorsed by PRONATER.
The insured individual will submit a self-declaration using the appropriate forms found at the following link: https://www.gov.br/inss/en-br/rights-e-dever/retirement/retirement-per-age-worker20%a
The “Electronic Rural Self-Declaration” can be used within 30 days of the request to help with Rural Worker Age Retirement through the “My INSS” app.
- From January 1, 2023 onwards.
Proof of the rural activity condition and practice for special insured individuals must be based solely on the information in their registration, as specified in Art. 19-D of Decree No. 3.048.
The proof of the special insured’s activity will be demonstrated through the required documents specified in Article 116 of Normative Instruction No. 128 of the PRES/INSS.
Insured individuals from Indigenous communities
The indigenous people’s special insured activity is verified through electronic certification provided by the National Foundation of the Indian (FUNAI).
Otherwise, by showing the Exercise Certainty of Rural Activity – Indigenous – CEAR, issued by FUNAI.
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 laborer, and the individual rural taxpayer need to demonstrate their engagement in rural activities by providing the required documents.
As per the specified sections of Standard Instruction PRES/INSS 128/2022:
- Employee: Sections 48 to 51
- Worker who is separated from the workforce: Articles 85 to 88
- Individual input: Article 91, Article 94 (sections VI and IX of the main part and paragraphs 4 to 8), Articles 95 to 97
Administrative justification (JA) processing can be requested if there are no documents of the category available.
The INSS will approve it when there is tangible evidence of the 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 eligibility requirements are the key distinction between retiring in rural and urban areas.
- Rural workers can retire at a younger age (60 for men, 55 for women) compared to urban workers who retire later (65 for men, 62 for women).
- The special insured in rural retirement only needs to show participation in rural activities, without the requirement of making regular contributions to the INSS. In urban regions, consistent monthly contributions are necessary during the specified period.
- Rural workers rely on documentation or self-declarations of their work, whereas urban individuals require contributions recorded in the CNIS.
Is your client prepared to request retirement?
Understanding the intricacies of retirement in rural areas is important for facilitating prompt and effective access to pension benefits for customers.
Use the information in this text to provide guidance to field workers on the required documentation, necessary qualifications, and specific details of this benefit.
Therefore, you will be ready to help them throughout each step of the process, guaranteeing the most favorable outcome.