How to identify contributions considered in INSS retirement: understand

2023-08-19 02:48:16

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How to identify contributions considered in INSS retirement: understand Knowing whether contributions were considered in retirement or not is easier than many people imagine.

In 2023 most INSS services are offered remotely over the internet. Access is very simple: just enter the MY INSS portal with your username and password.

To facilitate the experience, access is the same as that used for other online public services: Federal Revenue Service, Government Ministries, Ombudsman, all through the gov.br account.

Contribution time is the main agent of the social security bond and, with it, a golden condition for the main INSS retirements.

The importance of contribution time only increased with the Social Security reform, so today we are going to teach you how to identify whether all contributions were considered in the contribution time certificate.

CNIS document to check if contributions were considered in retirement

First we need to show you the CNIS document.

The CNIS is an INSS certificate that lists the insured person’s contributions and work relationships, separated by period, contribution amounts and breaks, with or without receiving a benefit.

The acronym CNIS stands for National Register of Social Information. The register functions as a large “trunk” of work and social security data, from which specific information is generated for each taxpayer.

Within the MY INSS account there is an option to download the full version of this registration. This will be the first step towards having access to your Social Security history.

It doesn’t matter if you are an individual contributor, optional or mandatory insured. It also doesn’t matter if you receive special retirement, old-age retirement or contribution time retirement.

Every person enrolled in Social Security has the right to access the CNIS. Wide access makes this document the main way to prove payment, length of service and remuneration.

But as not everything is rosy, it is quite possible that some information was not considered in retirement, so the insured person can request correction before or after retiring.

How to request correction to the INSS?

If any period of formal employment or collection as self-employed or optional in the CNIS is missing, it means that not all contributions were considered in retirement.

Even if the main retirement age requirement has been met, without all contributions the benefit amount may be less than what you would be entitled to.

Therefore, the INSS can be used to correct the contribution time. Today this is done online.

If the insured person’s application for Social Security is requested before retirement, he can send a rectification form via MY INSS.

One of the fundamentals of correction without the need to ask for a benefit can be found in article 12 of IN 128/22:

“Art. 12. The affiliate may request, at any time, the inclusion, alteration, ratification or exclusion of divergent, extemporaneous or insufficient information from the CNIS, with the presentation of supporting documents, according to criteria established in a normative act specific to the INSS, observing the forms of affiliation, regardless of benefit application”.

However, if the request for correction has already been made, but denied or granted outside the terms of what the insured person believes to be entitled to, it is recommended that you consult a lawyer to prove it in court.

If a retirement benefit already exists and correction is requested later, this needs to be done through a benefit review.

What can the insured do if the INSS denies corrected contributions?

Now that you have arrived at the moment when you know whether the contributions were considered in retirement or not, you have already made the request for the registration of the excluded contributions, but had the correction denied, the best thing to do is to look for a specialist in social security law.

The supporting documentation may be illegible, incomplete or not available at all. It is possible to justify this time at an INSS agency with witnesses in simpler situations.

But in complex cases, the insured person will need to contribute in arrears to count a certain period, complement the contribution if he contributed in a smaller amount, or submit the matter to Justice, so that, through a judicial process, public agencies and former employers are charged from the responsibility.

In this sense, the pension insured can benefit from retirement planning. Everything to analyze whether there is indeed a lack of contribution, or if it is enough to demonstrate that the contribution exists, but is not declared.

In social security matters, contrary to labor matters, it is very difficult for only witnesses to be enough to generate contribution time in favor of the insured person.

Therefore, any type of record or evidence in writing is of enormous social security importance in the general Brazilian regime.

Contributing wrongly affects the counting of contributions to the INSS?

Wrong contribution can harm the social security insured.

Especially with the new contribution rules, contribution wages obey the minimum wage value, there are also limits on retroactive contribution and on collection by the family for the deceased insured person.

If contributions were not considered in retirement after the November 2019 date, it is probably because they do not comply with the new rules.

Let’s take an example:

Suppose that in 2023 Maria was hired as a weekend-only waitress by a bar. The amount recorded in the monthly CTPS is R$750.00, paying the bar on this amount to the INSS.

Now let’s open the example in two possible scenarios:

In the first scenario Maria has no other paid work. She only works for this bar and as a result her monthly contributions to the INSS are below the minimum wage.

In this situation, Maria needs to supplement the monthly amount on her own, or in the future she will not have these contributions considered in her retirement.

In the second scenario, Maria works elsewhere three times a week, also receiving R$750.00 monthly in her wallet, on which her boss pays the INSS.

In this situation, Maria can choose to group the two contributions to reach the minimum wage and have the month considered in her contribution time without having to pay on her own.

You will understand better after reading this part of the art. 124 of IN 128/22:

“Art. 124. As of November 13, 2019, date of publication of Constitutional Amendment No. 103, of November 12, 2019, the insured person who, in the sum of remuneration earned in the period of 1 (one) month, receives remuneration lower than the limit minimum monthly contribution salary, may request the adjustment of the competences belonging to the same calendar year”.

Attention: only contributions referring to the same year can be added!

To end

After the scare of realizing that not all contributions were considered in retirement, the insured person of the general pension scheme can take advantage of some measures with the INSS.

Let’s go over some actions you can take:

Download the CNIS document in the MY INSS account;

Ask for CTC for the time worked in the public service;

Check that the data in the CNIS are correct;

Gather all documentation if contributions were considered in retirement in error;

Request correction at the INSS;

Consult a lawyer;

Hire a pension plan by an expert;

Judicialize a benefit or ask for a review of values.

Remember that contribution time is one of the main social security pillars, so guaranteeing it fairly not only increases the amount of retirement today, but will also reflect positively on the future death benefit for dependents.

Download your CNIS today through the MY INSS portal and take the first step to find out if your contributions were considered in retirement.

Partner: VGRA Advogados