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Proposal Changes Rules of Special Retirement, Guarantees 100% of the Average Salary, but Still Needs to Go Through Several Steps in Congress.
The special retirement may undergo profound changes after the approval of the PLP 42 in the House of Representatives’ Social Security Committee. The text establishes that workers exposed to harmful agents can only retire starting at 48 years of age, maintaining the requirement of 25 years of special time.
Additionally, it ensures that the benefit will be 100% of the average contributions, without the reduction applied since the 2019 pension reform.
Despite the progress, the proposal is still far from becoming law. The legislative process is lengthy and may take more than a year to complete, unless there is a political agreement to expedite the process in an urgency regime.
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Many employers do not know, but the law guarantees domestic workers a 25% increase in salary during trips, 50% for overtime, 20% for night shifts, and 17 additional benefits that can lead to labor lawsuits if not paid.
For workers, this means that the current rule remains in effect until presidential sanction.
What Changes with the PLP 42
Special retirement is aimed at professionals who work in conditions harmful to health, such as electricians, security guards, gas station attendants, nurses, and radiologists.
Currently, the existing rule sets a variable minimum age according to the activity and applies the reduction from the 2019 reform, which decreases the benefit amount.
With PLP 42, the calculation will be integral, ensuring the receipt of 100% of the average salary of all contributions.
This represents a victory for categories that face daily risks and who complain about the loss of income caused by the reduction factor.
The establishment of a minimum age of 48 years, however, may limit workers who already have the necessary time, but have not yet reached the new age bracket.
Long Process and Uncertainties
According to social security lawyer Bruno Delomodarme, founding partner of Borges & Delomodarme Law Firm, the approval in the Social Security Committee is just the first step.
The project still needs to pass through the Finance Committee (for budget impact analysis), the Committee on Constitution and Justice (CCJ), be voted on in the House Plenary, proceed to the Federal Senate, and finally, be sanctioned by the President of the Republic.
In practice, this path may take more than a year, as it depends on political maneuvering and the signature of Congressman Isnaldo Bulhões (MDB-AL) to advance.
Without the urgency regime, the final vote is unlikely to occur in 2025.
Is It Worth Waiting for the New Rule?
For insured individuals who already meet the current requirements, the question is whether it is worth delaying the request awaiting the approval of the new law.
Experts warn that waiting may result in months or years without guaranteed benefits, as there is no defined deadline for the completion of the process.
Another important point is that, even with the change, special retirement will continue to require withdrawal from harmful activity after granting.
Moreover, since the calculation considers all contributions — including those of lower value — reaching the ceiling of the INSS (R$ 8,100 in 2025) remains rare, even for those who contributed with high salaries.
Real Impact for Workers
If approved, PLP 42 will bring more predictability and fairness in the amount paid, but will also impose new limits.
For categories that start early in unhealthy activities, the minimum age may become a barrier, even though the integral calculation is an advancement.
The debate, therefore, is not limited to the value of the benefit, but also concerns legal certainty and waiting time.
Workers and unions continue to pressure for speed in the process, while experts recommend caution and individualized analysis of each case.
And you, do you think it is fair for special retirement to require a minimum age of 48 years, or would the integral calculation already be sufficient? Leave your opinion in the comments — we want to hear the perspective of those who live this reality.
Olá, gostaria de saber, se aprovado o PLP 42, o tempo de 2019 até a aprovação, valerá como tempo especial para quem ainda não se apresentou?
Eu acho muito importante esta nova lei tenho 52 anos e trabalho na área da saúde a 33 anos
Vamos orar pra que de certo. Tenho 30 anos de vigilante e 52 anos de idade e ainda não me aposentei.