Do you know the rules for those seeking special retirement? Special retirement is intended for professionals who carry out activities with permanent exposure to harmful agents, such as chemicals, biological agents or noise above permitted limits. According to lawyer Dr. Elayne Nunes, from Nunes & Rachid, a change in special retirement reinforces the preventive nature of this type of retirement. Dr. Elayne Nunes, from Nunes & Rachid Disclosure "Special retirement was created to remove the worker from a harmful environment before the damage to health becomes irreversible. Conditioning this right on a minimum age would contradict precisely this purpose." What changes for the worker? Until the Pension Reform, it was enough to prove the minimum period of special activity — 15, 20 or 25 years, depending on the degree of exposure. With the reform, there is also a minimum age to apply for the benefit. Now, the STF has removed this requirement. In practice, only proof of the period worked in an unhealthy or dangerous activity prevails again. Does the decision apply to public servants? According to the lawyer, the answer depends on the social security system to which the server is linked. For federal employees, the STF decision has direct effects. For state and municipal employees, the scenario varies depending on each federative entity. Nunes & Rachid Advocacia Disclosure In states and municipalities that have not approved their own Social Security reform, the understanding also tends to be applied immediately, following the rules of the General Social Security Regime (INSS). On the other hand, where there is local legislation establishing a minimum age, the situation requires individual analysis. "States and municipalities that have issued their own rules continue to be subject to their legislation. However, the STF's decision creates an important precedent to legally challenge these rules when they restrict the right to special retirement", says the lawyer. The benefit calculation remains the same Despite the change in the minimum age, the Supreme Court maintained the calculation rules created by the Social Security Reform. Therefore, the value of the benefit continues to be calculated based on 60% of the average salary, plus 2% for each year of contribution that exceeds the minimum time required. The rule that prevents the conversion of special time into regular time for periods worked after November 2019 also remains. Who should seek guidance? The recommendation is that workers and civil servants gather documents such as the Social Security Professional Profile (PPP), technical reports and other proof of exposure to harmful agents before requesting the benefit. According to Dr. Elayne Nunes, an individual analysis remains essential. "Each case has particularities. Before filing the request, it is important to check whether all the documentation is correct and what the impact of the decision will be on the final value of the retirement. A specialized assessment can avoid losses and guarantee recognition of the right." To find out more Faced with so many rules and details, experts reinforce that retirement must be treated with planning. "The difference between retiring well or badly can be decisions made in advance. Information and guidance make all the difference in this process", concludes Dr. Elayne. Follow Nunes & Rachid Advocacia's Instagram to find out more. Elayne Nunes, OAB 209,872