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Plenary decides that retirees who have received a unretirement benefit do not need to return the amount


The Plenary Session of the Brazilian Federal Supreme Court (STF), in session this Thursday (6), defined that those retired under the General Regime of Social Security (RGPS) who had the right to unretire or re-retire recognized by a final judicial decision (if it has become res judicata, from which it is no longer possible to appeal) will keep their benefits at the recalculated amount. For those who obtained the recalculation through decisions from which an appeal can still be lodged, it was defined that the amounts received in good faith will not be returned to the INSS. However, the benefits will be returned to the values prior to the date of the court decision.

Unretirement and re-retire n ment are situations in which the retiree who continues or returns to work and deducts the social security contribution has these amounts computed partially or totally in the benefit recalculation.

The issue was defined in the judgment of motion for clarification of judgment in Extraordinary Appeals (RE) 381367 RE 827833 and RE 661256, in which the STF, in 2016, defined that only by law it is possible to establish criteria for the recalculation of benefits based on new contributions arising from the permanence or return of the worker to the labor market after retirement is granted.


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