Portuguese 
English 
Spanish 
3 min of reading 
0 comments 
Court Ruling Guarantees Revision of Retirement Benefit and Determines Retroactive Payment to Retired Worker, Reinforcing the Right to Include Meal Allowance in the Retirement Calculation Base
The Federal Justice has recognized that meal allowances must be considered in the calculation of retirement benefits, determining that the INSS revise the benefit and pay all retroactive amounts owed to the insured. The decision, issued in Piauí, reaffirms the understanding that salary-like payments are part of the social security contribution base and, therefore, must reflect in the final amount of the initial monthly income (RMI) of the retiree.
According to attorney Valter dos Santos, the ruling accepted the request to revise the RMI and determined the inclusion of the meal allowance in the contribution salaries used to calculate the benefit, ensuring the insured’s right to the retroactive difference. The judge highlighted that the analyzed period was prior to the enactment of Law No. 13.467/2017, when it was still permitted to include the meal allowance in the calculation base for social security, reinforcing the worker’s acquired right.
Court Decision and Technical Foundations
The decision was issued by the 7th Federal Court of the Federal Justice of Piauí, in case No. 1038232-87.2024.4.01.4000.
-
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
-
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
-
The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.
-
Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense
The judge recognized that, during the basic calculation period, the INSS disregarded amounts paid as meal allowance, which unduly reduced the value of retirement for time of contribution.
In detail, the judge determined that the benefit be recalculated based on the corrected contribution salaries, plus the meal allowance received before 2017.
This reconstitution results in retroactive payments adjusted for inflation and plus late payment interest, according to the criteria of the Federal Justice and Constitutional Amendment No. 113/2021.
Impact on Retirees and Contributors
The decision has a direct impact on workers who received meal allowances as part of their regular compensation and had the amount disregarded in the calculation of their benefits.
According to specialists in social security law, the ruling reinforces that all regular salary components should be included in the contribution base to the INSS.
In addition to the monthly increase in the benefit, the ruling includes the payment of overdue amounts through a small value request (RPV), respecting the limits and rules of the Federal Justice.
The plaintiff was also granted free legal assistance, being exempt from fees and honorariums.
What Does the Legislation Say About Meal Allowances
With the Labor Reform of 2017 (Law No. 13.467/2017), meal allowances and food allowances ceased to be included in the social security calculation base, except when paid in cash.
However, for cases prior to the law’s enactment, judicial understanding still recognizes the salary nature of these payments, allowing their inclusion in contributions and, consequently, in retirement benefits.
The decision in Piauí is based precisely on this point: the analyzed period is before 2017, which ensures the retiree the right to review their benefit and receive the differences.
The judge also grounded the ruling in precedents from the Supreme Federal Court that recognize the salary nature of these payments when habitual and not indemnification payments.
Social security attorneys recommend that insured individuals review their calculations to check whether the meal allowance, bonuses, or other salary benefits were correctly considered in the retirement granting process.
Similar cases can be brought to court based on decisions like this, as long as the five-year statute of limitations is observed.
Experts also warn about the increase in scams involving false retirement reviews, emphasizing that anyone filing a lawsuit should receive payments and not pay anything in advance.
Any prior charges should be questioned and confirmed directly with the responsible attorney.
Have you checked whether your meal allowance was included in the calculation of your retirement? Do you think this decision by the Federal Justice is fair? Leave your opinion in the comments.
-
-
3 pessoas reagiram a isso.