The Supreme Federal Court is reviewing the entire process of life review, which directly affects retirees and those insured by INSS.
The trial is important to determine if beneficiaries can adjust their retirement funds by taking into account all pension contributions, including those made before July 1994.
The choice could change the assessment standards and impact the legal certainty of pension processes.
This article provides a summary of the comprehensive life review process, the elements under scrutiny, and strategies for lawyers to support their clients within the present legal environment. Take a look!
Learn how to protect the victim’s rights under the Maria da Penha Law.
Life review history
The complete life assessment was authorized by the Supreme Court in 2022, enabling retired individuals to choose the most advantageous method for determining their benefits.
The ruling acknowledged that individuals could factor in all the payments made over their lifetime when determining their retirement benefits, eliminating the 1999 Pregnancy Reform’s transitional provision.
In March 2024, the Supreme Court overturned this interpretation and ruled that retirees cannot choose whether to follow the transition rule.
Contributions made before July 1994 will not be factored into the retirement calculations.
The Supreme Court’s change in stance has had a significant impact on policyholders waiting for their cases to be reviewed in court, as well as on numerous ongoing legal proceedings.
Can you be eligible for Death and Retirement Pension?
STF will continue the trial on the right to life in 2025.
Retirees who had their pensions calculated solely on contributions made after July 1994 can undergo a review of their pension rights.
Insured individuals can factor in their pre-dated wages when calculating benefits through the thesis, potentially leading to a higher value in many instances.
In December 2022, the STF acknowledged the right to reassess the entire work history for retirement calculations by a slim majority of 6 to 5 votes.
New features introduced by the Union and the INSS brought the topic back for the Court’s evaluation.
The Supreme Court issued a judgment on February 14, 2025, regarding the review of lifetime pensions provided by the National Institute of Social Insurance (INSS).
Impact on attorneys and those who are insured
The Supreme Court’s ruling will have immediate implications for attorneys specializing in pension law, particularly those advocating for the rights of retirees who filed for revision prior to 2024.
Lawyers must adhere to the key points.
- Before March 21, 2024, the National Confederation of Metalworkers (CNTM) aims to guarantee the ability of insured individuals to uphold their revision requests.
- The Supreme Court might rule that pensioners who have already received lifetime benefit adjustments may not have to repay the funds they received.
- The INSS would face significant financial consequences if the life revision is approved, leading to strong government opposition to the idea due to the high costs involved.
Pension attorneys need to monitor the trial closely and develop tactics to safeguard their clients’ interests.
How should lawyers respond in this situation?
Lawyers can take certain steps to protect the rights of the insured amidst uncertainty surrounding life review processes.
- To examine the period of time during which the insured contributed to determine if including contributions before July 1994 would truly be advantageous for retirees.
- Monitor the results of the trial in the Supreme Court as new legal actions or adjustments in effects may arise based on the verdict.
- Insured individuals who have already received adjusted values may be required to return the amounts to the INSS if the comprehensive life review is eliminated.
Lawyers can strategically defend their clients by following judicial decisions and new legal arguments.
Preparing for the upcoming assessment of life’s review.
The Supreme Court’s ruling on life expectancy revision in 2025 will be crucial in determining the future of pension recalculations.
The Court’s altered interpretation in 2024 has created legal uncertainty for many policyholders, and the latest ruling could have a direct effect on those who filed claims prior to that year.
Lawyers must track the case and advise their clients on the most effective strategies for each scenario.
Keep track of the trial deployments and get ready for potential new actions and resources if you are involved in the social security field. Additionally, check out our piece on Legal Repository AI for managing legal documents.
