Proposal to Revert Pensão por Morte Reduction May Benefit Families
A proposal in the Brazilian Congress aims to revert a reduction in the Pensão por Morte benefit, which could benefit families of deceased INSS insured individuals.
The Brazilian Congress is considering a proposal to revert a reduction in the Pensão por Morte benefit, which could benefit families of deceased INSS insured individuals. The proposal, which has already been approved by the Comissão de Previdência, Assistência Social, Infância, Adolescência e Família, aims to restore the 100% value of the benefit.
The current rules, established by the Emenda Constitucional nº 103/2019, reduce the benefit to 60% of the value of reference for a widow or widower without dependent children, and 80% for a widow or widower with two dependent children. However, the proposal argues that this reduction is unfair, as it ignores the fact that the costs of maintaining a household remain the same after the death of the breadwinner.
The proposal would benefit exclusively the insured individuals of the Regime Geral de Previdência Social (RGPS), without affecting the rules for public servants.
### How the Pensão por Morte Benefit is Calculated Today
The current calculation of the Pensão por Morte benefit is based on a basic family allowance of 50%, plus 10% for each dependent:
| Class | Description | Value | | --- | --- | --- | | 1 | Widow(er) with no dependent children | 60% | | 2 | Widow(er) with two dependent children | 80% | | 3 | Exception of 100% | 100% |
The defenders of the proposal argue that this calculation is unfair, as it reduces the family's income drastically in a time of grief and vulnerability.
### Dependents of the Pensão por Morte Benefit
The legislation establishes three classes of dependents, with the existence of beneficiaries in a higher class excluding the right to benefits in the following classes:
| Class | Description | | --- | --- | | 1 | Spouse, partner in a stable union, and non-emancipated children under 21 years old (or any age if invalid or with a disability) | | 2 | Parents of the deceased insured individual | | 3 | Non-emancipated siblings under 21 years old or with a disability |
### Payment Period of the Pensão por Morte Benefit
The proposal would only change the calculation of the benefit, maintaining the rules on the duration of payments. For children and siblings, the benefit would cease at 21 years of age (unless incapacitated). For spouses and partners, the duration would vary depending on the couple's history and the age of the surviving partner:
1. Recent marriage or short contribution history 2. Long marriage and complete contribution history
The proposal would need to pass through the comissões de Finanças e Tributação and de Constituição e Justiça e de Cidadania (CCJC), as well as the plenário do Senado Federal and the presidential sanction, before it can take effect.
In the meantime, the current calculation and payment rules remain in place for all new benefit requests.
