Retirees who continue working pay INSS, but do not receive a new pension
According to O Antagonista, contributions made after retirement do not generate a new benefit, and the STF has already analyzed the theories of unretirement and re-retirement.
BY THE X-TRADER NEWS NEWSROOM · REPORTING FROM O ANTAGONISTA · 2 MIN
Those who retire through INSS and continue to work are often surprised by the discount on their paycheck. According to O Antagonista, workers who maintain or resume a paid activity continue to pay social security contributions on these earnings, even though they already receive the benefit. The expectation that these payments generate a second retirement, however, is not supported by legislation or jurisprudence.
The report explains that Law 8,213/1991, in its article 11, paragraph 3, classifies retirees who remain or return to the activity of the General Social Security Regime as mandatory insured in this activity. In practice, receiving retirement does not exempt you from contributing to your work remuneration.
The point that most confuses the insured is in article 124, item II, of the same law, which prohibits, as a rule, more than one retirement in the RGPS. Therefore, a new job with a formal contract or self-employment does not generate a second INSS retirement, even with contributions accumulated over many years. According to O Antagonista, these subsequent payments also do not produce a new retirement or automatic recalculation of the benefit already granted.
The issue reached the Federal Supreme Court through two theses. Unretirement consists of renouncing the current benefit to obtain a more advantageous one based on contributions made later. Re-retirement seeks a new retirement based solely on subsequent work. Both were examined by the STF, which, according to the report, recognized the constitutionality of the charge on the remuneration of those who continue working or return to the market.
In Theme 503, the court established, according to O Antagonista, that only law can create social security benefits and advantages. As there is no legal provision for re-retirement or re-retirement, changing this situation depends, in practice, on legislative changes. The report also recalls that the accumulation of benefits from different social security regimes requires specific analysis, which prevents generic conclusions for all cases.
What changes for the investor
For those who follow the stock market, interest rates and the dollar, the case does not point to an immediate change in the scenario. It connects, however, to the debate about the cost of social security and the sustainability of public accounts, topics that are on the radar of those who operate with interest and exchange rates. The report does not provide data that allows us to estimate the effect on markets, and the reading here is limited to what the legal framework itself indicates: as long as the rule does not change by law, the subsequent contribution continues without the counterpart of a new benefit.
Automatically translated from Portuguese.
