Por Carla Benedetti, sócia da Benedetti Advocacia, mestre em Direito Previdenciário pela PUC-SP, associada ao IBDP (Instituto Brasileiro de Direito Previdenciário), coordenadora da pós-graduação em Direito Previdenciário do Estratégia Concursos
Com a publicação da Emenda Constitucional 103/2019, que seria a mais recente Reforma da Previdência, de 12.11.2019, diversas regras de transição foram instituídas a fim de o segurado cumprir o tempo para aposentadoria.
Nesse caso, quando se requer um benefício previdenciário, faz-se necessário se atentar não somente quanto à conquista deste benefício, mas também qual o melhor momento para requerê-lo.
Há situações em que vale a pena esperar para aposentar mais tarde, diante das inúmeras regras de transição, e há outras em que não vale aguardar. Por exemplo: no benefício de aposentadoria por tempo de contribuição, há 4 regras de transição, quais sejam, a que a pessoa deve cumprir um pedágio de 50% do tempo que falta para se aposentar, se ela estava há menos de 2 anos para completar seu direito de acordo com a lei antiga. Neste caso, aplica-se (sem o desconto dos 20% dos menores salários) o fator previdenciário, baseado na idade e no tempo de contribuição do trabalhador, versus expectativa de vida do brasileiro, e que quase sempre diminui a renda da aposentadoria.
Em outra hipótese, há a regra dos pontos, em que se deve somar idade e tempo de contribuição, em que o cálculo se dará sob a regra de 60% mais 2% do que ultrapassar a carência de 15 anos para a mulher e 20 anos para o homem. Há um outro caso, em que a mulher, a partir do ano de 2020, deve cumprir, no mínimo, 56 anos e meio de idade, e o homem, 61 anos e meio, sendo que, a cada ano, incide mais 6 meses, até completar o limite de 62 anos de idade para a mulher e 65 anos para o homem.
Frisa-se que há uma hipótese em que é possível se aposentar com 100%, mas sem descarte de 20% dos menores salários, já que em nenhuma hipótese é possível realizar esse descarte para os benefícios que completam seu direito pós-reforma da previdência. Em tal situação, a mulher deve ter, no mínimo, 57 anos de idade e o homem, 60, além de cumprir um pedágio de 100% do tempo em que faltaria para atingir o direito à aposentadoria integral das regras anteriores à Reforma da Previdência.
Nesse sentido, dentre as regras de transição, faz-se necessário avaliar qual seria mais adequada e se vale a pena esperar por aquela em que o salário talvez seja maior, vez que há situações, tal como entre os segurados jovens que, embora o fator previdenciário diminua substancialmente a renda da aposentadoria, o tempo de espera para que o salário seja maior traz uma perda financeira considerável diante dos numerosos anos em que ficou sem receber o benefício. Por outro lado, se a diferença de renda entre uma regra e outra é grande, e o tempo de espera pequeno, provavelmente valerá a pena esperar.
Faz-se importante ainda avaliar a questão do direito adquirido, ou seja, observar se a pessoa atingiu o direito antes da publicação da nova lei, pois é possível que as regras anteriores sejam mais vantajosas financeiramente a este segurado e não há impedimento em se requerer a aposentadoria após a publicação da lei, desde que o direito tenha sido atingido antes da reforma.
Observa-se, portanto, que depende muito da situação para avaliar o melhor momento de requerer a aposentadoria, e, por isso, a importância de um planejamento previdenciário.
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