Do I lose my death benefit if I retire?

Do I lose my death benefit if I retire?
Do I lose my death benefit if I retire?

In today’s article I talk about the accumulation of Pension for Death and Retirement. Is it possible to continue with both? Stay with me today and I’ll explain. First, it’s important to understand that retirement is a benefit and the death pension is something else entirely.

The Retirement

This is a social security benefit due to workers who worked and contributed to the INSS during their lives. They also need to have met certain requirements, after that by checking which Retirement Transition Rules this policyholder fits.

The Pension for Death

This benefit is already provided to the dependents of the insured who died, and contributed to the INSS.Understood this, is it possible to combine the two benefits?

The answer is yes, however, the beneficiary must choose the benefit that is most advantageous to him, and of the second benefit he will accumulate, he will receive only a part, or a percentage of it.

This way:

Benefit Amount Most Advantageous Benefit Percentage of Second Benefit

If the amount corresponds to or is less than a minimum wage Full 80% of this benefit

If the amount is above one minimum wage up to the limit of two minimum wages Full 60% of this benefit

If the amount is two minimum wages up to the limit of three minimum wages Full 40% of this benefit

If the amount is above three salaries up to 04 minimum salaries Full 20% of this benefit

If the amount exceeds 4 minimum wages Full 10% of this benefit

And accumulate two pensions for death?

After 11/13/2019, date of the Pension Reform, things changed. Yes, it is possible to accumulate, however, these benefits must be from different social security systems, General Regime (RGPS) and Proper Regime (RPPS).

Still, if the insured receives from the same regime, however, with professions that allow cumulation, such as health professionals and teachers.

How do I know which benefit is most advantageous and choose which one I will receive the least?

Doubts are recurring, but they can be resolved with the help of a lawyer specializing in social security law. Planning is the best way, so that the possibilities are analyzed and the insured does not lose out when receiving two benefits.

On my blog have more information.

Hope this helps.

Juliane Penteado Santana Social Security Lawyer, Professor. Speaker. Titular coordinator and member of the Scientific Directorate of the Brazilian Institute of Social Security Law – IBDP for the State of Mato Grosso do Sul

The article is in Portuguese

Tags: lose death benefit retire

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