Aposentadoria pós-emenda constitucional 103/2019: análise dos critérios de concessão e do valor do benefício no regime geral de Previdência Social

Abstract

The Pension Reform brought about by Constitutional Amendment No. 103, of November 12, 2019, among its many amendments, resulted in significant changes in the retirement benefit of policyholders under the General Social Security Regime. The retirement benefit due to contribution time was greatly affected, being extinguished and a single type of retirement started to exist: the programmed retirement. When retiring by contribution time, a minimum age was not required, as the insured just to have the grace period and the contribution time provided for in the legislation to recognize the right to the benefit. However, in the programmed retirement, cumulative criteria of contribution time, age and grace period are required for the granting of the benefit. In view of this significant change, based on a bibliographic and documentary study, the present work seeks to describe how was the retirement due to the contribution time of policyholders linked to the General Social Security Regime and how the programmed retirement is now presented, in addition to explaining the rules transition from retirement to contribution time left by the reform. Through case studies, it is intended to facilitate the perception of changes caused by the new rules, improving the understanding of the matter explained and bringing the reader closer to the social security theme; in a descriptive and critical way, impacts generated by the reform in the criteria for granting retirement and in the value of the benefit are raised, observing a close relationship between these elements to achieve a more advantageous benefit, in addition to awakening the stakeholders to the need for pension planning.