Special Retirement is a benefit designed to safeguard employees who are at risk of being exposed to hazardous conditions in the workplace.
This guide provides comprehensive information about the benefit, including its key components, eligibility criteria, calculation and application process, and addresses common questions to ensure clarity and usefulness for both lawyers and workers.
What does Special Retirement refer to?
Special Retirement is a pension benefit designed to provide compensation to workers who work in hazardous or unhealthy environments.
Continuous contact with physical, chemical, or biological substances like loud noise, high temperatures, or harmful materials can impact health in the long term, leading to a shorter working period for retirement eligibility.
Special retirement now requires a minimum age following the pension reform (EC 103/2019), with the aim of safeguarding workers in vulnerable situations.
What do Insalubrity and Periculocity mean for the INSS?
Insufficiency and risk are key concepts in identifying labor and pension rights, particularly in the approval of early retirement.
Understanding the definitions, characteristics, and examples can provide clarity on how INSS handles your case.
Unwell
Insufficiency pertains to work environments that put employees at risk of exposure to harmful substances that affect their health.
It can be assessed either quantitatively (with a set limit) or qualitatively (when the presence of the agent defines the situation).
- Types of Unhealthy Agents
- Chemicals exposure can occur through contact with solvents, paints, or toxic dusts, for example, workers in chemical industries who are exposed to solvents.
- Physical issues can include excessive noise, high temperatures, or intense vibrations, such as machine operators being exposed to noise levels exceeding 85 decibels.
- Exposure to viruses, bacteria, or fungi in hospital settings or labs, like nurses and lab technicians handling infectious samples, can lead to biologics exposure.
- Classification of poor health:
- Controlled exposure to light can be harmful.
- Average: regular exposure to dangerous substances;
- Serious: ongoing and high-risk health exposure.
Repetition at regular intervals
Periclesity is connected to circumstances that put physical safety at risk.
- Workers in jobs involving explosives, such as those in quarries or pyrotechnic industries, face risks related to explosive hazards.
- Exposure to high levels of electricity, such as what electricians working with high voltage networks face, is considered dangerous.
- Professionals in high-risk environments, such as armed guards in banks, focus on security and surveillance.
Who qualifies for Special Retirement?
Special retirement will be provided to individuals who have worked in hazardous conditions for 15, 20, or 25 years, as stipulated in Law 8.213/91.
Refer to Article 87, Main Clause of the Law.
The special retirement benefit will be granted to individuals who have worked in conditions that are harmful to their health or physical well-being for a specified number of years, as stipulated by the law.
The worker needs to demonstrate ongoing exposure to harmful substances to qualify for the benefit.
This evidence is provided in forms like documents.
- PPP outlines the work environment and potential hazards employees may encounter.
- The Technical Report on Workplace Environmental Conditions (LTCAT), completed by a work engineer or doctor, verifies the presence of an unfavorable work environment.
It is essential to meet the following combined criteria in addition to providing documentary evidence.
Retirement Criteria that is Unique
The Constitutional Amendment No 103/2019 introduced new regulations for providing the benefit. Let’s examine each one.
Retirement for a good cause: Charity [Article 14, heading, EC 103/2019 and Article 25, II, Law No. 8.213/91]
The minimum deficiency is 180 months of contributions to the INSS, regardless of exposure to harmful agents.
This condition applies to every retirement plan, making sure that the employee has made contributions for an adequate duration.
Special Retirement: Minimum Age requirement [Article 19, Section 1, I, (a, b, and c, EC 103/2019)]
The minimum age for special retirement varies with the pension reform.
- 55 years old for risky activities and 15 years of participation.
- At the age of 58, with a moderate risk level and 20 years of contributions.
- For lower-risk activities, individuals aged 60 with 25 years of contributions are eligible.
Contribution time for special activities is specified in Article 19, Section 1, Item I of EC 103/2019.
The worker’s contribution period to INSS varies based on their contact with harmful substances.
The time of contribution can range from 15 to 25 years.
If the insured individual engages in multiple special activities during their contributing period but does not meet the minimum requirement for any one of them, the contribution time for each activity can be combined and counted towards qualifying for the benefit.
Types of Unique Retirement Plans
There are three categories of unique retirement options available, as mentioned earlier.
Retirement after 15 years of damaging exposure.
Workers in dangerous environments, like underground mining with toxic gas exposure:
- Time of Contribution: 15 years
- Minimum age requirement is 55 years.
Retirement after 20 years of damaging contact
It pertains to activities with a moderate level of risk, like surface mining or working in chemical industries.
- Time of contribution: 2 decades;
- Minimum age requirement is 58 years.
25 years of detrimental exposure leading to a unique retirement opportunity
It is more frequent and involves low-risk tasks that involve ongoing exposure to noise, biological, and chemical substances, as seen in the case of doctors, nurses, and metallurgical workers.
- Contribution Period: 25 years;
- Minimum age requirement is 60 years.
What is the worth of Special Retirement?
The concept of early retirement has been altered by the pension reform.
- It was previously determined by averaging the 80% higher contribution wages since July 1994 (or since the beginning of contributions) without applying the pension factor, as stated in article 29, II of Law No. 8.213/91.
- The value after the reform is 60% of the average of all contribution salaries since July 1994, with an additional 2% per year of contribution exceeding 20 years for men, and 2% per contribution year exceeding 15 years for women or workers with activities requiring a minimum of 15 years.
- 2% annual contribution increase beyond 20 years for males.
- 2% for each year of contributions beyond 15 years for women or employees in occupations requiring at least 15 years.
- Men can receive a 2% annual return on contributions made for over 20 years.
- 2% for each year of contributions beyond 15 years for women or employees in occupations with a minimum requirement of 15 years.
Which occupations qualify for Special Retirement benefits?
Examples of professions eligible for Special Retirement benefits.
- Doctors, nurses, and medications have been contributing for 25 years.
- 20 years of service: Extracting mercury and molding lead.
- Miners working underground and their remarkable 15 years of dedication.
For a comprehensive list of activities, visit our complete retirement careers chart.
Is your client prepared to apply for their unique retirement plan?
Now that you are aware of the specifics of special retirement, it is time to apply your skills.
By using the guidance provided and having important documents like PPP and LTCAT, you can guarantee that your clients receive the welfare benefits they deserve.
Utilize legal AI tools to enhance the process, guaranteeing valid petitions and precise queries to legal precedents.
By delivering high-quality outcomes, you enhance customer confidence in their legal matters.