The Modality Provided in Complementary Law 142/2013 Remains Valid After the Social Security Reform and Ensures Full Calculation of the Contribution Average
Brazilian workers with low vision may access a differentiated retirement rule, provided for in the Complementary Law No. 142, enacted on May 8, 2013. This modality, according to the National Institute of Social Security (INSS), remained intact after the Social Security Reform of November 13, 2019, established by Constitutional Amendment No. 103.
The benefit is intended for persons with disabilities who demonstrate significant functional restrictions at work and in daily routine. Additionally, the legislation considers low vision as a disability when there is an effective impact on work capacity, according to specific technical assessment.
Thus, the right remains guaranteed under the original rules, provided there is adequate technical evidence before the INSS.
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Multiprofessional Evaluation Defines Classification
The access to retirement depends on multiprofessional and biopsychosocial evaluation conducted by the INSS. This analysis classifies the degree of disability as mild, moderate, or severe.
Based on this definition, the minimum contribution time is adjusted according to the identified level. In cases considered severe, men can retire after 25 years of contributions, while women need 20 years.
In situations classified as mild, the required time increases to 33 years for men and 28 years for women. Therefore, the greater the proven functional limitation, the shorter the required contributory period tends to be.
High Myopia and Ocular Diseases Are Included in the Assessment
Individuals with high myopia, generally above 7 or 10 diopters, may be evaluated under this rule. Similarly, individuals with relevant ocular pathologies may also request classification.
However, merely using high-prescription glasses does not automatically guarantee the right. Significant functional impairment verification is necessary, validated in an official expert assessment.
Without this technical verification, the benefit is not granted, as the central criterion is effective functional limitation.
Calculation May Result in Higher Amount
The calculation for retirement for persons with disabilities considers 100% of the average of all contributions made since July 1994. Unlike other modalities, the retirement factor is not applied.
Thus, the final amount may be more advantageous, depending on the insured’s contributory history. According to official data released by the INSS in January 2024, the current pension ceiling is R$ 8,475.55.
Thus, workers with qualified contributions can reach this maximum limit, provided they meet all necessary requirements.
Difference in Relation to Disability Retirement
Unlike disability retirement, which requires total and permanent incapacity, this modality allows for the continuation of professional activity. In other words, the insured can remain in the job market even after the benefit is granted.
This characteristic makes the specific rule for persons with disabilities distinct from other disability pensions.
Therefore, it is a model that recognizes functional limitations without requiring a definitive removal from work activities.
Planning and Legal Security
Since its creation in 2013, the law provides predictability for workers meeting the legal criteria. Furthermore, since it has not been amended by the Social Security Reform of 2019, it maintains legal security for the insured.
The right, however, strictly depends on technical evaluation and adequate documentation verification.
Thus, retirement for workers with low vision represents a structured social security alternative, based on objective criteria and legal backing.
Given these rules, the main question remains: are those who use high-prescription glasses prepared to technically demonstrate the functional limitation required by the INSS?

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