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Change approved in Minas Gerais alters the pension contribution for inactive military personnel and pensioners with incapacitating diseases, with a value limit, requirement for official medical proof, and restricted application to beneficiaries covered by state law.
Inactive military personnel and pensioners linked to the Social Protection System of the Military of Minas Gerais now have the right to a partial exemption from the pension contribution when diagnosed with serious and incapacitating diseases.
Provided for in Law No. 25,882, of 2026, the measure was sanctioned by Governor Mateus Simões and published in the Official Gazette of Minas Gerais on May 23, 2026, with application to cases meeting the legal criteria.
The new legislation does not eliminate the contribution for all military personnel, nor does it remove the discount on any amount received by members of the remunerated reserve, retirees, or pensioners linked to the state system.
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Under the rule approved in Minas Gerais, the exemption is limited to the portion of the remunerated reserve, retirement, or pension that does not exceed twice the INSS ceiling.
With the INSS ceiling set at R$ 8,475.55 in 2026, the exemption limit reaches R$ 16,951.10 for beneficiaries whose request is recognized by the administration.
In cases where the monthly benefit exceeds this level, the pension contribution remains only on the excess part, according to the limit defined by Law No. 25,882.
Who is entitled to the pension exemption
The law covers beneficiaries of the State Military Social Protection System affected by an incapacitating disease, provided that the health condition is proven under the terms defined by the state norm.
This group includes military personnel from the remunerated reserve, retired military personnel, and pensioners who present the required documentation and have their qualification confirmed in the administrative process.
The benefit can be granted even when the incapacitating disease is contracted after the transition to the remunerated reserve, after retirement, or after the establishment of the pension.
This rule prevents the exemption from being restricted only to diagnoses existing during the period of activity, provided that the other requirements set forth in the legislation are met.
To request the exemption, the interested party must submit an administrative request accompanied by a medical report prepared or approved by a medical officer from the organic health care network of the State Military Institutions, the IMEs.
The document needs to certify the disabling disease affecting the beneficiary, according to the wording of the law, and serves as a basis for the analysis of the request by the state administration.
How the Benefit Discount Works
The change promoted by the law affects the calculation base of the social security contribution of inactive military personnel and pensioners who have had their exemption request granted.
For this group, the portion received up to twice the INSS ceiling is no longer subject to the social security discount provided for in the state social protection system.
When the monthly amount is equal to or less than R$ 16,951.10, there will be no excess portion for the contribution to apply, provided the exemption has been recognized in the administrative process.
For benefits above this limit, the social security discount continues to be applied only on the difference that exceeds the ceiling protected by Law No. 25,882.
The regulation establishes that any financial shortfalls of the Military Social Protection System resulting from the exemption will be covered by the State Treasury, according to the complementary legislation cited in the law itself.
It is also up to the Executive Branch to adopt measures to ensure the economic-financial balance of the Military Servants’ Pension Institute of Minas Gerais in case of impact resulting from the contribution waiver.
Request Can Be Contested in Case of Denial
The administrative process now includes a specific rule for cases of denial of the request submitted by inactive military personnel and pensioners linked to the state system.
If the request is denied, the beneficiary may request, represent, or appeal in the administrative sphere within 60 days, counted from the publication of the act or formal knowledge of the decision.
Law No. 25,882 also states that, after the entry into force of the regulation, the decision granting the exemption will have retroactive effects to the date of submission of the request.
With this provision, the administrative milestone for any adjustment becomes the protocol of the request, and not necessarily the date on which the medical diagnosis occurred.
The legislation also addresses beneficiaries who had already received an exemption before the publication of the new law due to a disabling disease provided for in the regulation.
In these situations, the military or pensioner is not required to reimburse the exempted amounts, provided the previous grant is related to the disabling diseases listed in Law No. 25,882.
Diseases Provided for in Law No. 25,882
The mining legislation lists 17 diseases or disabling conditions that may entitle one to partial exemption from social security contributions, provided that the classification is confirmed in the administrative procedure.
The table below presents the cases mentioned in Law No. 25,882 and organizes the information for consultation by inactive military personnel, pensioners, and others interested in the topic.
| No. | Disease or condition provided |
|---|---|
| 1 | Service-related accident leading to retirement due to work incapacity or disability, resulting from police and military firefighter services |
| 2 | Occupational disease leading to retirement due to work incapacity or disability, resulting from police and military firefighter services |
| 3 | Active tuberculosis |
| 4 | Mental alienation |
| 5 | Multiple sclerosis |
| 6 | Malignant neoplasm |
| 7 | Blindness |
| 8 | Leprosy |
| 9 | Irreversible and disabling paralysis |
| 10 | Severe heart disease |
| 11 | Parkinson’s disease |
| 12 | Ankylosing spondyloarthritis |
| 13 | Severe nephropathy |
| 14 | Severe hepatopathy |
| 15 | Advanced stages of Paget’s disease, also known as deforming osteitis |
| 16 | Radiation contamination |
| 17 | Acquired immunodeficiency syndrome |
The diagnosis of one of the listed diseases does not replace the administrative analysis required by the legislation, as the granting depends on formal proof of the disabling condition.
For classification, the administration must consider the official medical report and the applicable parameters to the Social Protection System of the Military of Minas Gerais.
Origin of the proposal in the Assembly
The measure originated from Bill No. 5,302 of 2026, submitted to the Legislative Assembly of Minas Gerais on March 12, 2026, by then-Governor Romeu Zema.
The proposal dealt with granting exemption on the social security contribution for beneficiaries of the state military system affected by a disabling disease.
During the proceedings, the Legislative Assembly of Minas Gerais reported that the project received 54 favorable votes and 3 against before final approval in Plenary.
The approval occurred in May, before the sanction by Governor Mateus Simões and the publication of Law No. 25,882 in the State Official Gazette.
The changes made in the Legislature adjusted administrative criteria, reinforced the requirement for a medical report, and included the possibility of appeal in case of denial of the request.
With the sanction, the norm began to guide the requests submitted by inactive military personnel and pensioners diagnosed with disabling diseases in Minas Gerais.
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