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Proposal in the Chamber May Reduce the Minimum Age for Special Retirement and Increase the Benefit Amount, Altering Rules Established by the Social Security Reform and Expanding Coverage to Various Professional Categories Exposed to Risks.
The Commission of Social Security, Social Assistance, Childhood, Adolescence, and Family of the Chamber of Deputies approved a complementary bill that redefines the rules for special retirement in the INSS.
The text reduces the minimum age to 40, 45, and 48 years, depending on the level of harmfulness and duration of exposure to harmful agents, and provides for a benefit calculated at 100% of the average contributions.
The proposal amends the Social Security Benefits Law and is currently under analysis in the Chamber.
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New Rules for Special Retirement
According to the text reported by Deputy Pastor Eurico (PL-PE), the minimum age will reflect the minimum period of exposure.
Those who can prove 15 years of unhealthy or dangerous activity could retire at 40 years.
For 20 years of exposure, the minimum age would be 45. And for 25 years, 48.
These levels replace the parameters introduced by the Social Security Reform, which are 55, 58, and 60 years for the same contribution times under special conditions.
In addition to the age change, the calculation of the benefit is also altered.
The project establishes an initial income of 100% of the average contributions, different from the current rule, which considers 60% of the average plus 2% for each year that exceeds 15 years of contributions for women and 20 years for men.
The declared goal is to recover the historical logic of special retirement, which recognizes accelerated wear and tear in harmful environments.
Categories Covered by PLP 42/2023
Coverage applies to insured individuals under the General Social Security Regime (RGPS) who can prove permanent exposure, not occasional or intermittent, to chemical, physical, or biological agents that cause harm to health or physical integrity.
Pastor Eurico’s report includes a more detailed listing of applicable activities and adds a specific hypothesis for functions that, while not involving classical harmful agents, put the worker at risk to physical integrity.
According to the approved report, special retirement may be granted:
- With 15 years of special time: underground mining at the production front.
- With 20 years of exposure: underground mining outside the production front and activities involving asbestos.
- With 25 years of activity: metallurgy, radiological techniques with exposure to ionizing radiation, aviation professionals subjected to abnormal atmospheric pressure or harmful agents, as well as activities of inspection and monitoring in agriculture or environmental issues in unhealthy or extreme conditions, with constant presence of dangerous biological agents.
Activities Recognized as Physical Risk
The approved text recognizes situations where the classification derives from the inherent physical risk of the activity.
In this regard, the report equates effective exposure to harmful agents with functions such as:
- Visible or property surveillance
- Transportation of valuables
- Municipal guard
- Traffic inspection and road patrol
- Internal work in high-power electrical systems (including generators, transmission lines, substations, and distribution networks)
- Transportation of patients, organs, and hospital supplies in urgent and emergency situations
In all cases, proof requires demonstration of permanence and harmfulness of the work context.
Justifications of the Rapporteur
In justifying the changes, Pastor Eurico highlighted the need to cover professions exposed to abnormal atmospheric pressure, mentioning aviation professionals.
According to the rapporteur, social security legislation already considers hypobaric conditions — such as those at high altitudes — as special work.
In the deputy’s words: “It is essential that legislation begins to include, for example, professionals who are subject to abnormal atmospheric pressure, especially aviation professionals.”
Benefit Amount and Impacts
The recovery of the proposed full benefit — 100% of the average — contrasts with the current model following the reform, which reduced the initial income for most cases.
In practice, workers who reach the special time frames of 15, 20, or 25 years and can prove exposure in accordance with the project would have a more advantageous calculation compared to the general rule.
Still, recognition depends on documentation and technical proofs that attest to the special work condition, as per usual requirements of the INSS and social security legislation.
Next Steps in the Processing
The approval took place in the Commission of Social Security, Social Assistance, Childhood, Adolescence, and Family (CPASF).
The text will now be analyzed by the Commission of Finance and Taxation and then by the Commission of Constitution, Justice and Citizenship (CCJ).
Once the commissions are overcome, the proposal will go to the Chamber Floor and will subsequently depend on approval by the Federal Senate.
The process is the usual one for a complementary bill, which requires absolute majority in each legislative house.
Relation to Current Social Security Rules
The Social Security Reform maintained special retirement but imposed minimum ages — 55, 58, and 60 years — aligned with contribution periods of 15, 20, and 25 years in special activities.
The PLP 42/23, authored by Deputy Alberto Fraga (PL-DF), proposes to reverse this trend by reducing ages and restoring a full income.
The central dispute is to calibrate social protection for those who suffer wear and tear above the norm without disrupting the actuarial balance of the system, a topic that will continue to be debated in upcoming committees and on the Floor.
Proof of Exposure
The approved report emphasizes that exposure must be permanent, neither occasional nor intermittent, and that there must be proof of harmfulness.
So far, the official materials from the Chamber regarding the vote do not make any express reference to potential specific documentation flexibility for cases of absence of business records.
In other words, the public text of the committee does not specify an exemption from technical documents; on the contrary, it reinforces the need for objective proof of the special condition.
The proposal brings back to the center of the debate professionals subjected to unhealthy or dangerous environments, with provisions for reduced ages and full benefits.
E para motorista de ônibus urbano que tem atividade dupla dirigir e cobrar e prestar contas…. certo no fica esses profissionais que só longo do tempo,com doenças .coluna.coracao.e outros….
E soldadores não entram nessa lista não pq
E os motoboys ?
Trabalho perigoso e insalubre em dias de 🌧️ , exposição excessiva ao sol ⛅☀️ e ao frio .
Será que poderia entrar aí também , ou motoboy não é gente ?
Cadê a aposentadoria especial para motociclista??? Sol, chuva e tanto assalto correndo o risco de não voltar pra casa; lamentável