SOCIAL SECURITY SYSTEM for the PUBLIC SECTOR (RPPS)

Municipal, State and Federal Public Servants

AGOSTINHO & ROCHA LAW FIRM (A&R) has specialized professionals and a highly experienced team to attend to all its clients in a professional, ethical and fast way, since we know that when the citizen seeks a social security benefit with the state, municipal public entity or federal, is usually motivated by urgency, either because of the need for the benefit for his and his family’s support, or for the yearning to enjoy the dreamed and deserved retirement after so many years of work.

Thus, AGOSTINHO & ROCHA LAW FIRM (A&R) acts in the administrative and judicial scope, advising public servants (state, municipal or federal) or the competent court to decide the cause pleading rights with the insured.

The work of AGOSTINHO & ROCHA LAW FIRM (A&R) starts with preliminary consultation with customer is met face-to-face or online, expresses his / her demand and is guided by the necessary documents to verify his / her potential rights, until the exhaustion of all legal means to apply for the concession, review and / or implementation of the intended benefit.

The legal services can be hired from the beginning, still in the administrative level, which can represent a great advantage to the beneficiary, since it will be better oriented, through the presentation of the most advantageous option with the RPPS, besides counting time.

With a fully equipped office to take all legal measures to deal with the matter quickly and efficiently, assisting the client, including in the INSS hearings and medical examinations.

The Social Security to the Public Sector (RPPS) retirement rules have become a veritable enigma for the thousands of public servants across the country following the publication of several constitutional amendments in recent decades.

Retirement of the public servants is a complex issue, even for legal and social security specialists, since a series of legal mechanisms are in place that create paths to be interpreted and discussed, including in court.

One example we can mention: the citizen, now a public servant, at the beginning of his professional life worked in the private sector in unhealthy conditions. Subsequently it was approved in a public tender and, currently, if you can transform the special time in common time, with due increase, you will achieve retirement. Sometimes based on last pay and still with parity.

However, the administrative body to which it is bound simply does not accept this sum, justifying, among other reasons, that the increase (20% or 40%) would be a “fictitious” time, therefore, forbidden by the CF. In these cases, it is important for the server to be aware that the Judiciary has a favorable understanding of the conversion of the special time in common, with its increase, and even if it comes from a bargaining period or even when it is a situation in which the worker entered the public service before the establishment of the Single Legal System.

The RPPS deserved a specific treatment of the Federal Constitution of 1988, which has undergone successive reforms, especially those produced by Constitutional Amendments 3/93, nº 20/98, nº 41/03 and nº 47/05, all in the sense equilibrium in the cost-benefit equation. These reforms in the RPPS focused on the goal of matching or at least bringing together, the Public Servant Pension Plan which is the responsibility of each federal entity, to the pension granted to Private Pension Plan (RGPS), which the responsibility of the INSS.

The reforms tightened the rules for granting the social security benefits of the RPPS, requiring greater expenditure on the part of the insured and reducing the value of the benefits.

However, in the name of the acquired right, pensions were granted at any time to insured person and their dependents who, until the publication of the Constitutional Amendment, had already fulfilled the requirements to obtain the benefit, based on according to the criteria of the legislation then in force, in compliance with the provisions of item XI of art. 37 of the Federal Constitution, which establishes the general maximum benefits, pensions and wages in the public service (EC No. 41/03, article 3). For such hypotheses, therefore, the integrality of the earnings in relation to the remuneration of the activity and parity among active employees, retirees and pensioners was maintained.

Effectively, EC No. 20/98 established three situations in the RPPS pension system environment:

a) public servants who had already implemented the requirements for granting the benefit, upon the entry into force of said Constitutional Amendment (acquired right);

b) public servants who had not yet implemented the requirements for granting the benefit, upon the entry into force of said Constitutional Amendment (current law situation, governed by transitional rules);

c) public servers that would enter the service, after the entry into force of said Constitutional Amendment (situation of exclusive application of the permanent rules of article 40, of the CF). Of particular note is the establishment of permanent general requirements for any of the voluntary retirements, consisting of the requirement of 10 years in the public service and 5 years in the position during the retirement. AGOSTINHO & ROCHA LAW FIRM (A&R) is always up-to-date and active in the face of changes in the social security legislation and the understandings of the Courts of our country, advising its client in an effective way. Be also benefited with an excellence service as you deserve.

A) Retirement:

Assured benefit to the public servant who complete the requirements established by law. It is also one of the forms of vacancy of the effective position of the server;

B) Compulsory Retirement:

Type of retirement due to the server upon completing a certain age, regardless of gender, with proceeds proportional to the time of contribution;

C) Retirement by Invalidity:

Type of retirement due to the server that is permanently incapable of performing work and cannot be readapted in another position, according to the evaluation of the technical expertise. The benefit is paid while the incapacity persists and can be reassessed by the Administration at any time;

D) Voluntary Retirement:

Type of retirement granted to the public servants who completed the minimum requirements established in the CF;

E) Digital Functional Settlement:

It is a digital media dossier composed of functional, digital or digitized documents, considered as the primary source of the information of the public servants linked to the Civil Service System of the Federal Administration (SIPEC);

F) Public positions of effective provision:

It is the public position to fill in effective character, by appointment;

G) Career:

Career organization that was established by law, which provides a set of rules for the admission, remuneration structure, development along standards and classes, and other specific aspects required of the occupants of the public position;

H) Contribution Time Certificate (CTC):

It is a document issued by the management unit of the RPPS or RGPS, proving the time of contribution of the server in that regime;

I) The effective exercise of teaching duties:

Only the time spent in the classroom or time in the exercise of teaching, coordination and advisory functions, provided that such functions have been performed in primary education establishments, excluding education specialists. The time of service related to leave or leave to take courses of any nature does not fit the above concept, and can only be computed for ordinary retirement purposes;

J) Effective exercise in the public service:

Time of service rendered to the Public Administration in a latu sensu sense, including the time of effective position or in commission, public function or public employment in the Direct Public Administration. The working time in a public company and a joint stock company of the Union shall be counted as time of “effective exercise in the public service”, for the purposes of items III, of art. 6, of EC nº 41/03 and, of item II, of art. 3, EC No. 47/05, provided that the server has already held public office of the Union, States, Federal District and Municipalities, its governmental agencies and public foundations, on the date of the promulgation of Constitutional Amendments No. 41/03 and No. 20 / 98;

K) Time of Service Map:

Document used for the retirement process instruction, must be presented without erasure and must contain the personal and functional data of the public servant; the length of service computed up to the day prior to the effective date of retirement; the legal regime, to which it was submitted before the validity of Law no. 8.112 / 90; work leave occurring during the functional life of the server; year-on-year breakdown of the length of service used for retirement, including the appointments and dismissals, in the case of exercise in functions or commissioned positions;

L) Remuneration parity:

Revision of retirement benefits and pension amounts in the same proportion and on the same date, whenever the remuneration of the active employees is modified, and any benefits or advantages granted to the employees in activity are also extended to retirees and pensioners, including when arising from the transformation or reclassification of the position or function in which the retirement occurred or which served as a reference for the granting of the pension, according to the law;

M) Revenues:

technical designation of the wages received by the retired public servant;

N) Transition Rule:

Ensures more favorable conditions of retirement for public servants who had the right to retire under the social security system, whose rules were reformed by the Constituent Power;

O) Remuneration of the effective position:

Value of the basic salary and permanent advantages established by law, plus additional ones and individual permanent advantages received;

P) Retirement Application:

instrument for which the server requires the granting of retirement, in accordance with the legal grounds in which it falls. In addition to this request, it is necessary to attach files related to the supporting documents necessary for the analysis of the request;

Q) Effective public servant:

Is the person legally invested as a public employee in a position created by law.

Up to December 16th, 1988, a period in which the original wording of the Federal Constitution was still in force, nine new retirement modalities existed: full-time volunteer, proportional volunteer, volunteer by proportional age, total disability, proportional disability, compulsory, integral magistrate, integral teacher and integral civil police. After this period, dozens of new modalities were integrated into the regime, due to the edition of

Constitutional Amendments nº 20/98, nº 41/03 and nº 47/05. Therefore, it is a complex issue, but as a general rule, we can now indicate that the retirement of the public servant, today, occurs with 60 years of age and 35 years of contribution for man and 55 years of age and 30 years of contribution to women.

Because of this, it is very important that the public servants retain this knowledge so as not to lose rights such as isonomy and parity. Rights that guarantee that the proceeds will be adjusted according to the index of the public servants in activity, besides guaranteeing the right to integrate a new plan of positions, if this occurs after the retirement.

The retirement of the public servants involves several issues and approaches, such as endorsements and counts of time, readaptation time, medical leave, leave for occupational accidents and occupational illness, among others. It is extremely important for the server to seek the correct framework in the various retirement options. Many cases may require, for example, special retirement, revision of calculations of pensions granted by the average, maximum wage benefits, disability pensions, funds that should be included in the retirement and calculation of the average.

Besides the evaluation of the rules of parity and integrality, full pension, pension review, incorporation of bonus, among others. These issues must be properly analyzed in accordance with Constitutional Amendments. All these details interfere in the granting of retirement and also in the value and quality of wage.

Involuntary Retirement

The involuntary retirements are granted to the public servants as a result of events beyond their control and basically consist of two types: Disability Retirement and Compulsory Retirement.

Special Retirement

The public servant occupying an effective position is guaranteed the right to a differentiated retirement, that is, special, as it is observed in § 4, of art. 40, of the Federal Constitution.

Let’s take a closer look: Art. 40. Public servants holding effective positions of the Federal, State, Federal District and Municipalities, including their governmental agencies and foundations, shall be provided with a contributory and joint social security scheme, with the contribution of the respective public entity, active and inactive employees and pensioners, observing criteria that preserve the financial and actuarial balance and the provisions of this article.

Paragraph 4 – The adoption of requirements and differentiated criteria for granting the retirement to those covered by the regime referred to in this article is prohibited, except under the terms defined in complementary laws, the cases of public servants: I. persons with disabilities; II. risk activities; III. whose activities are carried out under special conditions that damage the health or physical integrity.

It should be noted that Paragraph 12 of Art. 40, of the Federal Constitution, determines that the pension benefits for public servants holding an effective position will observe, as appropriate, the requirements and criteria established for the General Social Security System.

The General Social Security System is administered by the National Social Security Institute (INSS), which was formerly called the National Social Security Institute (INPS). The Federal Constitution of 1998 guaranteed the possibility of special or differentiated retirement for the public servant who holds an effective position in the Union, the States, the Federal District and the Municipalities, including the servants of the autarchies and foundations of these federated entities, however, by means of a complementary law.

It occurs that the complementary law has not been published until the present moment, which has taken to the public servants that carry out activity of risk or under special conditions that harm his health or his physical integrity (unhealthy conditions), directly or through his working class, seek the protection of the Judiciary to safeguard their right to a special retirement.

The Brazilian Courts, in a correct and fair manner, recognize the application of the rule inserted in art. 57, of the General Regime, for granting special retirement to the public servants of the RPPS.

There are several professions that are qualified and able to claim the special benefit, we can mention as an example:

• Doctors;

• Dentists;

• Nursing assistants;

• Engineers;

• Municipal guards;

• Police officers (civil, military, federal and road);

• X-ray operators;

• Chemicals.

The activities listed above are only examples, since all those who work with harmful agents (noise, heat, fungus, ionizing radiation, cold, electricity, fuel, among others) are entitled to the special retirement benefit, even if there is no complementary law regulating this benefit.

The Judiciary recognizes the right of the physician and the dentist, as well as several other professionals related to the Social Security for the Public Sector, including, in the special count, the period worked before April 28th , 1995, without the presentation of any expert report for Law 9,032 / 95 cannot be applied to facts that occurred prior to its validity, since it is an acquired right.

Therefore, since the employee performed his activities prior to Law 9,032 / 95, he has the acquired right to compute this period as special, for retirement purposes, regardless of proof, applying the legal presumption in the previous legislation. For the worker who performed his activity after Law 9,032 / 95, the new rule applies, and must prove the special activity by means of Expert Report.

The public servant is entitled to the recognition of special activity and, consequently, to the special retirement benefit, even if there is no specific legislation, once, due to the constitutional mandate, the General Regime rules are applied (article 57 of the Law No. 8.213 / 91) to the public servants linked to the Social Security to the Public Servants, including, the rules prior to the validity of Law 9,032 / 95.

Some state careers have the benefit of special retirement. Check it out:

Retirement Plan Review

Concept

It is the right of the retiree to request a new examination of their benefit for changes in legal grounds, length of service / contribution, exemption from Income Tax, framework, positioning, annual percentage, incorporation of function or wage calculation. Such revisions may be made in response to the request of the retired public servant, by due diligence of the control organs or by judicial determination.

In the case of public servant request, the deadlines established in art. 110, of Law 8.112 / 90 must be observed.

 

Basic requirements

To carry out the retirement review, it is necessary to meet at least one of the requirements described below:

Return to activity

Concept

It is the return to work by the retired public servant in the following situations:

Basic Requirements

Basic requirements to return to activity are: