Direito Previdenciário - Regime Geral de Previdência Social - RGPS - aula 15 - Prof Eduardo Tanaka

Introduction to Regimes in Social Security

In this section, the speaker introduces the topic of social security regimes, focusing on the general regime and private pension systems.

Understanding Social Security Regimes

• Two main types of social security regimes:

• General Regime of Social Security (INSS).

• Specific Regimes for public servants with permanent positions.

• Optional Private Pension System.

• General Regime of Social Security:

• Associated with INSS.

• Applicable to all Brazilian workers.

• Specific Regimes for Public Servants:

• Applicable to public servants with permanent positions.

• Excludes those in the General Regime.

Differentiating Between Regimes

• Importance of studying:

• Crucial for exams related to SSP and Federal Revenue Service.

• Municipalities and States:

• Have their specific regimes.

Private Pension System

• Facultative nature:

• Open to all individuals.

• Key Points:

• INSS managed by Federal Revenue Service.

• Specific regimes maintained by Union, States, and some municipalities.

Understanding Employment Status and Pension Systems

This section delves into employment status, stable positions, and their association with different pension systems.

Employment Status Clarification

• Stable Positions:

• Occupied by individuals who pass public service exams.

• Implications of Stable Positions:

• Entitled to specific pension system based on employment status stability.

Pension System Association

• Exam Relevance:

• Article 40 of the Federal Constitution is crucial for administrative law exams.

Eligibility for Multiple Pension Systems

The speaker discusses eligibility for multiple pension systems based on employment roles and contributions made.

Aposentadoria Possibilities

• Example Scenario:

• Auditor Fiscal contributing to both Union's specific regime and INSS.

• Retirement Options:

New Section

In this section, the speaker discusses the limitations faced by individuals under specific employment regimes regarding contributing to the general pension system.

Limitations of Contribution for Specific Employment Regimes

• Individuals under a specific employment regime, such as public servants subject to their own system, cannot contribute as voluntary insured members to the general pension system.

• Public servants are obligated to contribute to the general pension system due to mandatory affiliation when working in certain roles like teaching.

• Those under a separate employment regime, like public servants, cannot opt for voluntary contributions to the general pension system as per constitutional regulations.

New Section

The speaker delves into the concept of complementary pension systems and their optional nature compared to mandatory schemes.

Complementary Pension Systems and Options

• Complementary pension systems are akin to savings or financial investments available at various banks, including private pensions exclusive for public servants upon passing federal exams.

• Passing a federal exam allows individuals to invest in closed governmental private pensions tailored for federal employees, serving as an additional retirement fund option.

New Section

The discussion shifts towards personal investment choices in private pensions and their role in supplementing retirement income.

Personal Investment Choices and Retirement Planning

• Personal investments in private pensions, like capitalization plans offered by banks such as Banco do Brasil, function as savings with interest accrual for future retirement benefits.

• By investing in private pensions alongside existing social security contributions, individuals can enhance their retirement funds without solely relying on government schemes.

New Section

The importance of maintaining contributions to both complementary and general pension systems is emphasized despite having one's retirement secured through personal investments.

Balancing Contributions for Retirement Security

• Even with a secure retirement plan through complementary systems, it remains essential to continue contributing to the general social security scheme mandated during active employment periods.

• Private complementary pensions operate autonomously from the general social security scheme; thus, individuals must fulfill obligations within both systems concurrently for comprehensive coverage.

New Section

Exploring further nuances of supplementary pension options available specifically for federal employees based on constitutional provisions.

Supplementary Pension Options for Federal Employees

• Federal employees have access to supplementary pension schemes like FUNPRESP that require building reserves ensuring contracted benefits regulated by specific laws.

Concurso Público and Previdência Social in Brazil

The discussion revolves around the public competition system in Brazil and its connection to social security, particularly focusing on the mandatory contributions for a secure retirement.

Concurso Público System

• In Brazil, there are two mandatory social security regimes: one compulsory for all working individuals, including employees and certain public servants; the other optional, known as the private pension system.

• The compulsory regime applies to all employees, including those in effective positions and military personnel. On the other hand, private pension contributions are voluntary.

Previdência Social Details

• A specific social security regime is designed for public servants at various governmental levels, ensuring their financial stability post-retirement.

• Both the general social security system (RGPS) and specific pension systems (RPPS) operate on principles of contribution and solidarity.

Regime Próprio de Previdência Social (RPPS)

This segment delves into RPPS specifics, highlighting its obligatory nature for certain public sector employees.

• RPPS is mandatory for public sector employees at federal levels, including autonomous entities. It operates based on contributory principles and solidarity like RGPS but is distinct in its application.

Previdência Complementar Privada

The discussion shifts towards private complementary pensions within companies and their impact on overall social security contributions.

• Private supplementary pensions offered by companies can provide additional benefits to employees. Contributions made by the company do not affect general social security payments but may offer tax deductions.

Conclusion