President Jair Bolsonaro sanctioned Law 14,131 / 2021, which increases the payroll-deductible credit margin for retirees and pensioners of the National Social Security Institute (INSS) from 35% to 40% during the covid-19 pandemic. The law is published in the Official Gazette (DOU) of this Wednesday.
The expanded limit will remain in effect until December 31 of this year. Of the total, 35% must be reserved for payroll loans and 5% for the reduction of the card bill or for withdrawal from the credit card as well. The sanctioned law is the result of the approval of a provisional measure conversion project issued last year. Before the PM, the limit was 35%, of which 30% for loans with payroll deductions and 5% for credit cards.
The law also establishes that, when there are no specific local laws setting a higher percentage, the 40% margin will also be applied to military personnel from the Armed Forces, military personnel from the States and the Federal District, military personnel from paid inactivity, civil servants from any entity Federation, inactive public servants, public employees of the direct, autarchic and foundational administration of any entity of the Federation and pensioners of civil servants and military personnel.
The rule also opens the possibility of suspension or grace period for all payroll loan operations – both already signed and future ones – for 120 days. But during that period, interest and charges continue to accrue.
“The granting of a grace period, for up to 120 (one hundred and twenty) days, is permitted for new payroll loan operations, as well as for those that were signed before the entry into force of this Law, maintaining, in any case, the incidence , during the grace period, interest and other contracted charges “, says the text.
By law, the INSS is also authorized – until December 31, 2021 – to grant aid for temporary disability “upon presentation by the applicant of medical certificate and complementary documents that prove the disease reported in the certificate as the cause of the disability”.
The requirements for the presentation and form of analysis of the medical certificate will be established in a joint act by the Special Secretariat for Social Security and Labor of the Ministry of Economy and INSS.
The law emphasizes that the permission for a medical certificate and additional documents for the release of the benefit will be adopted “exceptionally” and “the duration of the resulting temporary disability benefit will not last longer than 90 days”. Under current law, the benefit can only be obtained after the disability is verified through medical expertise.
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