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The STF confirmed the constitutionality of the part of the Social Security reform related to the INSS survivor’s pension. See how the amount changes!
If an insured person of the National Institute of Social Security (INSS) dies, their dependents are entitled to a survivor’s pension, provided that they had made contributions to Social Security or were within the grace period (the interval during which a worker may go without making contributions).
In this regard, last Monday (26), the Federal Supreme Court (STF) confirmed the constitutionality of the part of the Social Security reform that addresses the INSS survivor’s pension. Therefore, new rules for calculating the benefit now apply. Find out more details!
Calculation of the survivor’s pension
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Under the Social Security reform, dependents of the deceased insured person must receive a survivor’s pension equal to 50% of the pension the insured person was receiving before dying. An additional 10% is added for each dependent. See how it works:
- One dependent: 50% of the pension + 10% per dependent = 60% of the pension;
- 2 dependents: 50% of the pension + 10% + 10% = 70% of the pension;
- 3 dependents: 50% of the pension + 10% + 10% + 10% = 80% of the pension;
- 4 dependents: 50% of the retirement benefit + 10% + 10% + 10% + 10% = 90% of the retirement benefit;
- 5 dependents: 50% of the retirement benefit + 10% + 10% + 10% + 10% + 10% = 100% of the retirement benefit.
Thus, if a dependent loses their status as a beneficiary, such as a child who turns 21, the insured person loses 10% of the amount. In addition, it is important to note that, if there is a dependent with a disability or an intellectual, mental, or severe disability, the pension will be paid in full.
However, the new rules allow the survivor's pension to be lower than the minimum wage. In addition, if the beneficiary receives another INSS benefit, such as a retirement benefit, the reduction will be proportional to the lower amount.
Who is entitled to a survivor's pension?
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Finally, the survivor's pension is granted to the insured person's relatives, in the following order of priority:
Spouse, partner, or significant other;
Non-emancipated children, regardless of their condition, provided they are under 21 years old;
Parents and siblings, provided they can prove financial dependence.
