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Decision Recognizes Error in Death Pension Calculation and Determines Review of Monthly Amount, Retroactive Adjustment, and Full Payment to Affected Beneficiary
A recent court ruling determined that the INSS revise a death pension after a proven error in the benefit calculation. The presiding judge concluded that the agency applied an incorrect rule in defining the monthly income, resulting in payments lower than the amount due since the benefit was granted.
According to an explanation from lawyer Valter dos Santos, with the ruling, the Institute was ordered to correct the value of the death pension, revise the initial monthly income, and pay all arrears. The case involves a technical error in the application of Constitutional Amendment No. 103 of 2019, known as the Pension Reform, which changed the way family quotas are calculated and the percentage transferred to dependents.
How the Error Occurred in the Death Pension Calculation
The process analyzed by the magistrate pointed out that the INSS used a calculation methodology different from that provided by law.
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Instead of adopting the nominal value of the retirement that originated the pension, the agency applied the formula of 60% plus 10% for each dependent established by Article 23 of Constitutional Amendment No. 103, which improperly reduced the amount received by the beneficiary.
According to the records, the deceased insured was receiving a benefit close to the pension ceiling, around R$ 5,000 monthly.
However, the pension calculation considered only R$ 3,330 as a base, resulting in a quota of 60% and an initial monthly income of approximately R$ 1,900.
The judge understood that the correct approach would be to use the full retirement of the provider as a reference, thus ensuring a more advantageous payment to the dependent.
What the Decision Determined for the INSS
In the ruling, the magistrate stated that “the INSS erred in calculating the initial monthly income of the death pension using a system different from that provided by law”.
Consequently, the decision determines that the monthly income of the pension be recalculated based on the full value of the deceased person’s retirement, and not by the quotas of the pension reform.
The understanding reinforces that the dependent has the right to receive the most advantageous benefit, according to Article 24, paragraph 2, of Constitutional Amendment No. 103 of 2019.
The INSS was ordered to return all retroactive amounts, that is, the differences accumulated since the Benefit Start Date (DIB), duly updated and corrected.
The Financial and Legal Impact of the Correction
According to estimates presented in the process, the monthly differences can reach thousands of reais, depending on the start date of the benefit and the annual adjustments applied.
The case reveals how small mistakes in the calculation of retirement benefits can generate significant losses for insured parties, requiring judicial intervention for correction.
Experts in Social Security Law emphasize that the decision reaffirms the importance of technical review of benefits, especially after the changes brought by the Pension Reform.
Errors in applying quotas or in the calculation base can be legally challenged and result in the return of overdue amounts.
What Changes for Other INSS Beneficiaries
Although the case was judged individually, it may set a precedent for other beneficiaries who suspect errors in the death pension.
Social Security lawyers advise that insured parties check the amounts paid, comparing the monthly income received with the retirement value that originated the benefit.
When the pension amount appears disproportionate or far below the average salary of the provider, there may be room for judicial review request.
In many cases, the error results from the automatic application of Pension Reform rules to situations that, due to the date of death or the characteristics of the original benefit, should follow previous rules.
The decision reinforces the need for transparency and accuracy in calculations performed by the INSS, especially in sensitive benefits like the death pension.
By recognizing the error and determining the return of overdue amounts, the judiciary reaffirms the dependents’ right to receive precisely the amount provided by law, without undue reductions.
Do you believe that the INSS should adopt automated systems to detect and correct errors in death pensions, preventing citizens from needing to resort to the judiciary? Leave your opinion in the comments.
Deveria sim, ser automático só assim o aposentado não teria custo com advogados.
Sim, deveria ser automático sabem descontar até o que não sabemos o que é ,mas na hora de pagar precisamos mostrar os calculos ,(e esse desconto de 40% é um roubo autorizado)já que pagou por quase 40 anos
Pensão por morte e um direito do cidadão. e o dever do estado. Se e um direito não devia nos umilhar tanto assim pós enquanto tramita na justiça o cidadão passa por horrores de humilhação de todas as formas. Mas respeito com os segurados por favor.