DOCTOR
Doctor's Retirement (Updated / 2020)
Self Employed - Employee
Discover all the rights, benefits and advantages that this professional has when retiring.
The retirement of the doctor and other health professionals has some details that deserve attention, especially after the Pension Reform. With that in mind, our experts have prepared this guide with everything you need to know. Come on?!
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You will learn:
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Autonomous Physician Documents
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How was the doctor's retirement after the Reformation?
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Special activity performed before the Reformation
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Special activity carried out after the Reformation
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And the doctor who was about to retire?
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The Doctor's Special Retirement
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The constant and dangerous exposure to biological agents (viruses, bacteria, parasites, etc.) guarantees health professionals the right to Special Retirement . In this modality of the Benefit, the doctor retires after 25 years of career, without minimum age and without application of the social security factor - reducing pensions.
However, if you did not meet this requirement until the publication of the Pension Reform on November 13, 2019, we have some bad news for you.
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According to the Reformation, doctors who have not reached the minimum time of special activity by the date mentioned above, will fit into a transition rule, which we will explain in more detail in the last topic .
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If you have completed 25 years of contribution before the Retirement, do not worry, by fulfilling this requirement before the change, you have the acquired right that guarantees the benefit under the previous law.
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And who is already retired?
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If you are already a retired doctor and did not know these advantages at the time, you can ask for the benefit to be reviewed. With the correct documentation, the INSS is obliged to re-analyze your benefit. It is worth mentioning that the deadline for requesting a review, in the INSS and in court, is ten years after the first payment of retirement, this period starts to count in the month following the first payment made by the INSS.
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A classic example is the doctor who retired for a period of contribution, after the age of 35, a requirement of this modality, the amount of his benefit was R $ 5,500.00 (five thousand and five hundred reais). However, the doctor in question he could have retired 10 years earlier . failing to receive more than R $ 600,000.00 in retirement, this is considered that the benefit amount was the same, because in the special retirement, no social security factor is applied and the amount tends to be higher.
What documents will you need?
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First of all, in order to achieve a special retirement, it is necessary to prove the daily and permanent exposure to agents harmful to health , It is common for the doctor to be exposed to biological agents, as in his work routine he has contact with sick people.
There are medical areas that, in addition to being exposed to biological agents, are also exposed to physical agents, such as the radiologist, and / or exposed to chemical agents such as dentists.
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Doctors have an advantage, professionals who practiced the profession until 04/28/1995, it is enough to prove this activity through a work card, payslips and company employee registration, because until 1995 the current legislation presumed that the profession of the doctor it was unhealthy, regardless of the work environment .
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After 1995, it was not enough just to prove the profession but also to prove the exposure to harmful agents. See the documentation required for you below.
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Medical Employee
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To prove the time you worked as a Doctor for a company, you will need to gather some documents:
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The Technical Report on Environmental Working Conditions (LTCAT);
Holerites
Application for Administrative Justification
You can find an explanation of each document underlined above on our FAQ page,
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With a specialized lawyer , you will be able to validate as many special work periods as possible and have a great chance of retiring in this modality.
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Autonomous Physician
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The list of documents is the same as listed above, but for you who are self-employed, here is a warning, prepare as soon as possible, as many professionals in these conditions only care about retirement when the time comes to retire and consequently do not has the necessary documentation.
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For this, it is necessary to be forewarned, periodically hire a trained professional and prepare the LTCAT of your work. Specialist engineer in Occupational Safety or Physician specialized in Occupational Medicine are trained to prepare this document and it is advisable to hire their services every 3 years to have an updated LTCAT.
How was the Doctor's Retirement after Retirement?
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The Pension Reform established a minimum age to be entitled to special retirement, which in the case of the doctor will be 60 years old. Another bad news is that the calculation formula has worsened. See how it was and how it looked:
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Special activity performed before the Reformation
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If you complete the 25 years of special contribution by November 12, 2019, the retirement amount will correspond to 100% of the average of the 80% highest salaries since July 1994.
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Let's take an example:
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Dr. Davi was 54 years old and had 25 years of career completed in August 2019, considering that his average salary corresponds to R $ 5000.00 (five thousand reais). The benefit amount will be R $ 5000.00.
Special activity after the Reformation
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doctors who started their careers after retirement, in addition to needing the minimum age to apply for special retirement, will also have a reduced benefit amount.
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With the new rule, the average will be all salaries since 1994, including the lowest 20% excluded in the previous law. In addition, the benefit amount will be:
60% of average salary +
2% for each year after the first 20 years contributed (men)
2% for each year after the first 15 years contributed (women)
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And the doctor who was about retiring?
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For this retirement, a transition rule was also created that is based on points, which in the case of the doctor and the characteristics of the profession is 87 points and 25 years of effective exposure in 2020. The necessary score goes up one point each year, until reaching 99 in 2032.
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To reach the score, age, minimum special time and other contribution times will be added.
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However, the calculation of the benefit amount will be the same as mentioned above, 60% of the average salary + 2% for each year exceeding the first 20 years of contribution for men or 2% for each year exceeding the first 15 years of contribution for men. women.
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Example:
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Using our previous example again, let's assume that Dr Davi has 5 years of "common" contribution and has completed the special 25 years just this year (2020).
Adding these periods with your age, which this year is 55, we will have 85 points, which unfortunately will not be enough, as the required is 87 points.
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The quickest and most advantageous solution that we would advise Dr. Davi will be for him to continue working for another 2 years in the area. Thus, in 2022, he will be 57 years old and have a total of 32 years of contribution. Your score will be 89 years old, the same as required that year.
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Let's go to the value of the Benefit!
Considering at best that the average salary remained at R $ 5000, the calculation will be as follows:
Contribution years after the first 20 years:
32 - 20 = 12 years of contribution
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Benefit amount:
60% + (12 years x 2%) = 84%
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Therefore;
84% of $ 5,000 = $ 4,200
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Did you just see the size of the damage? Dr. Davi will lose R $ 800 a month and will still have to work two more years.
It is worth remembering that these are the conditions for retiring under the special retirement transition rule, however, it is only after planning and analyzing the other types of benefit that it will be possible to find the most advantageous for our example.
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Conversion from Special Time to Ordinary Time
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Before the Retirement, if the insured had not reached the minimum special time, he could convert that special time into ordinary time and apply for retirement by contribution time .
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In the case of doctors, that special retirement requires a minimum time of 25 years, the conversion is made as follows:
Special time x 1.4 (for men) = Ordinary time
Special time x 1.2 (for women) = Ordinary time
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However, this conversion ceased to exist after the reform , a special period after November 13, 2019 can no longer be converted into ordinary time.
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Rest assured, if you have a special period before that date, you can still convert it into regular time because you have the right acquired before the Social Security Reform.
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Dr. Davi from the example above, was 24 years old until the cut-off date, converting that time would be 33.6 years old (24 x 1.4). If we add to the 5 years of common activity that he already had, we will have 38.6 years of COMMON contribution.
Did you like the reading? Find out more about other types of retirement by clicking here
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