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Deputies Move Forward with Proposal to Change Pension Rules and Allow for Earlier Retirement for Those Working in Hazardous Conditions, with New Minimum Ages and Full Benefit Calculation
The proposal to reduce the minimum age for special retirement for workers exposed to harmful agents to health has made further progress in Congress.
The Commission on Social Security, Social Assistance, Childhood, Adolescence and Family of the Chamber of Deputies approved the complementary law project (PLP) that amends the Social Security Benefits Law and promises to restore rights lost with the pension reform of 2019.
The approved text establishes new minimum ages — 40, 45, and 48 years — based on the level of risk and the time of exposure to harmful agents, set at 15, 20, and 25 years, respectively.
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Currently, the minimum age is 55, 58, and 60 years. The proposal also raises the retirement benefit to 100% of the average contributions, correcting the current model that starts at 60% and gradually increases with the time of contribution.
The rapporteur, Deputy Pastor Eurico (PL-PE), presented a new text based on the original project by Deputy Alberto Fraga (PL-DF), incorporating suggestions from the Labor Commission.
According to him, “it is essential that the legislation covers professionals exposed to abnormal atmospheric pressure, such as aeronauts. Social Security already recognizes work under hypobaric conditions as special.”
The new sub-amendment expands the concept of special activity, now also including those that jeopardize the physical integrity of the worker, in addition to direct exposure to chemical, physical, and biological agents.
Professions such as radiology technicians, agricultural and environmental inspection agents, traffic agents, and emergency transport professionals fall into this category.
Categories of Exposure and Minimum Time
The project defines specific rules according to the type of risk and the time of exposure. For workers under the General Social Security Regime (RGPS), the criteria are as follows:
15 years — underground mining at the production face;
20 years — underground mining away from the production face or activities with exposure to asbestos;
25 years — metallurgy; aeronauts exposed to abnormal pressure; radiology technicians subject to ionizing radiation; inspectors and auditors in constant contact with dangerous biological agents and unhealthy environments.
In addition, the text recognizes as special work activities involving constant risk, such as overt security and property surveillance, cash transport, municipal guarding, traffic inspection and patrolling, as well as professionals who operate high-power electrical systems and those who transport patients, organs, or hospital supplies in emergency situations.
For all these cases, it will be necessary to demonstrate that the exposure is permanent and not occasional.
Next Steps
The proposal will still go through the Finance and Taxation and Constitution, Justice, and Citizenship Committee (CCJ) before proceeding to the Plenary. If approved by the Chamber, it will be forwarded to the Federal Senate.
If it becomes law, the change could benefit thousands of professionals working in hazardous conditions who currently face rules considered unfair by the category.
The text seeks to restore a balance between social protection and the reality of those who perform functions that jeopardize their health over the years.
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