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Retirees are being surprised when checking their benefit statements by the National Insurance Institute (INSS). Around 100 thousand in the State have values discounted by institutions that claim to be associations, estimated the coordinator of the Brazilian Institute of Social Security Law in the State (IBDP-ES) Valber Cereza.
In the country, around 2 million retirees are affected by these discounts, as lawyer Eli Cohen told Veja magazine. He is taking class action against these associations that unduly charge monthly fees.
A growing number have reached the National Union of Retirees, Pensioners and Elderly People in the State (Sindnapi-ES), including associations from other states, many in the Northeast.
“The biggest absurdity of all this is that there are associations in the Northeast, which are joining people from Espírito Santo here without authorization. What service is this association offering to this retiree in order to join him?” asked the president of Sindnapi-ES, Jânio Araújo.
The Association of Mutualist Retirees for Collective Benefits (Ambec) is one of the associations mentioned in many of these cases. In Reclame Aqui, since 2022 there have been 8,163 complaints about improper charging from Ambec alone.
The advice for retirees is to create the habit of looking at their credit history, which is the paycheck, and not just the statement. If you do not recognize the charge, contact Procon. Additionally, it is possible to request suspension through Meu INSS on the website and in the app.
For Cereza, the correct thing would be for retirees interested in joining an association to contact the INSS for authorization and not the other way around. “It’s very easy to find our data on the internet, so they take advantage of that.”
The deputy coordinator of IBDP in the State, Maria Regina Couto Uliana, highlighted that it is important for the insured to check whether the professional institution that represents them is the one that is making the discount. “The insured believes that he is making a social contribution to his union and the amount is in favor of another institution”.
Ambec, based in São Paulo, reported having been in the market for over 17 years and that these discounts were authorized by members.
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How to avoid fraud
- It is important to check the benefit payment statement monthly on the website meu.inss.gov.br or the “Meu INSS” application.
- On the website, click on “Benefit Payment Statement”.
- The website will show the latest statements. The monthly statement will show the amounts deposited and deducted from the beneficiary.
The frauds
- There is a monthly fee charged for an association or union to which the beneficiary is not a member.
- Portions of a loan that was not taken out are debited from the account.
- The payroll loan is paid off, but the installments continue to be charged.
- There are charges for services, such as insurance, that were not contracted.
- In the case of association charges, in general, the discounted value is usually low compared to the value of the benefit. Therefore, few retirees investigate these situations.
Illegality
- According to the INSS, agreements with the body are legal, but illegality occurs when unauthorized installments are deducted from the payroll when paying beneficiaries.
- The INSS Technical Cooperation Agreement (ACT) with professional associations establishes that the monthly fee discount is only made with “the express authorization of the beneficiary”.
- The INSS says it is only responsible for accrediting institutions; for the retention of amounts authorized by retirees/pensioners and for the transfer of retained amounts to institutions. But it says that it is not the body that will carry out any type of punishment if the benefit holder has not authorized the discount.
Suspend discounts
- Contact the INSS, through the website meu.inss.gov.br or via telephone exchange 135. It is possible to suspend the charge on the website itself.
- Access My INSS. Log in using your CPF and your Gov.br account password.
- In the search field on the home page, type “request to block or unblock monthly fee”. In the list, click on the name of the service/benefit.
- Read the text that appears on the screen and proceed by following the instructions. Another alternative is to contact the entity to register a complaint and request a refund of contributions made improperly.
- The retiree must request the return of undue discounts on the benefit. To get the amount back you need to identify and prove the irregularity.
Other possibilities
- Cases against the INSS involving up to 60 minimum wages can be discussed in the Special Federal Court. When going to court, the citizen does not need to have a lawyer. But if the INSS appeals, it will be necessary to hire a defender.
- The advantage of asking for the refund of the deducted amount in court is that the INSS may be ordered to return the amount in double.
- If the action is against banks, finance companies and associations, the beneficiary must go to regular court. When the loss is up to 20 minimum wages, it is possible to go to the Special Civil Court, without a lawyer.
Source: Experts cited and INSS.
INSS creates rules to regulate debts
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The National Social Security Institute (INSS) created rules for discounting association monthly fees in the benefits of retirees and pensioners, as published in the Official Gazette of the Union on the 15th.
It was defined, for example, that the discount cannot be greater than 1% of the maximum limit established for the benefits of the General Social Security Regime (RGPS) and that there cannot be more than one monthly deduction per benefit, informed the INSS .
The document also establishes procedures for the conclusion, operationalization and monitoring of Technical Cooperation Agreements relating to discounts on associative monthly fees.
The deduction must have prior authorization and cannot be made by an attorney or legal representative (curator, guardian or guardian), except by specific court decision authorizing the deduction.
Furthermore, the discount must be formalized by an adhesion agreement, which must be through an advanced electronic signature and biometrics (for new contracts), presentation of a valid official identification document with photo, and CPF number.
According to the INSS, the beneficiary who does not recognize the discount on the associative monthly fee for their benefit can request the “exclude associative monthly fee” service through the Meu INSS application or website or through Central 135. It is also possible to register a complaint with the INSS Ombudsman, also at Central 135 or through My INSS.
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