Projeto muda prazos para que segurados mantenham benefícios previdenciários

Projeto muda prazos para que segurados mantenham benefícios previdenciários

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O projeto permite a prorrogação da qualidade de segurado, por até 24 meses após o fim das contribuições, do beneficiário que já tiver pago mais de 120 contribuições mensais sem interrupção ou estiver desempregado

A Câmara dos Deputados analisa proposta que reduz os prazos previstos em lei para que beneficiários da Previdência Social, independentemente de contribuições, mantenham a qualidade de segurado. É o que determina o Projeto de Lei 5257/16, do deputado Alexandre Leite (DEM-SP), que altera a Lei de Benefícios da Previdência Social (Lei 8.213/91).

Uma das mudanças mexe na regra geral e determina que manterá a qualidade de segurado apenas quem estiver em gozo de benefício que substitua o salário de contribuição ou o rendimento do trabalho, como o salário-maternidade.

“Defendemos a corrente jurisprudencial que acredita que mantêm a qualidade de segurado apenas aqueles que recebem benefício que substitua a remuneração, uma vez que, nessa hipótese, estão impossibilitados de exercer atividade laboral, por motivo de doença, invalidez ou maternidade”, diz Leite.

Pela lei vigente, quem está usufruindo de qualquer benefício, como o auxílio-doença, mantém a qualidade de segurado durante todo o período do benefício.

Doença

Outra alteração proposta reduz de 12 meses para 3 meses o período em que o segurado acometido de doença segregante ou o segurado preso ou recluso, mantem a qualidade de segurado após o fim da segregação ou da reclusão.

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Já o segurado facultativo, segundo o projeto, manterá a qualidade de segurado até 3 meses após o encerramento das contribuições. Atualmente, esse prazo é de 6 meses.

Por fim, o projeto permite a prorrogação da qualidade de segurado, por até 24 meses após o fim das contribuições, do beneficiário que já tiver pago mais de 120 contribuições mensais sem interrupção ou estiver desempregado. Atualmente, mantém a qualidade de segurado, por até 12 meses após o fim das contribuições, o segurado que deixar de exercer atividade remunerada ou estiver suspenso ou licenciado sem remuneração.

A qualidade de segurado da Previdência Social assegura aos inscritos no Instituto Nacional do Seguro Social (INSS) o direito de receber aposentadorias, pensões, auxílios-doença, auxílio-maternidade e outros benefícios nos períodos em que estejam impedidos de trabalhar.

A perda da qualidade de segurado ocorre no dia seguinte ao do término do prazo fixado no Plano de Custeio da Seguridade Social para recolhimento da contribuição.

Tramitação

O projeto tramita em caráter conclusivo e será analisado pelas comissões de Seguridade Social e Família; de Finanças e Tributação; e de Constituição e Justiça e de Cidadania.

Fonte: LegisWeb
Data: 05 de setembro de 2017
Acesso: 08 de setembro de 2017

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