INSS Retirements and Benefits Brazil (RGPS): Requirements and Rules in 2026

INSS retirements and benefits under Brazil's General Social Security Regime (Regime Geral de Previdência Social, or RGPS) follow rules that changed with the 2019 Pension Reform (Constitutional Amendment 103/2019, or EC 103/2019) and continue changing every year. In 2026, the point thresholds and minimum ages under the transition rules went up again, and recent statutes amended maternity pay, disability benefit reassessments and the BPC (Continuous Cash Benefit). This guide sets out the requirements for each benefit based on the legislation in force as of October 2026. The text is informational only: each person's entitlement depends on documents, dates and contribution history, and must be analyzed on a case-by-case basis.

Who are the beneficiaries and how to maintain insured status

The RGPS protects two categories of people: insured persons (segurados) and dependents (dependentes) (Law 8,213/1991, art. 10). Mandatory insured persons include employees, domestic employees, dock workers (trabalhadores avulsos), individual contributors and special insured persons (art. 11). Optional insured persons (segurados facultativos) — anyone over 14 who does not fit a mandatory category, such as students or those who work in their own home — may also enroll by paying contributions (art. 13).

Dependents fall into three classes (art. 16):

1. Spouse, common-law partner, and unemancipated child under 21, or disabled or with severe intellectual or mental disability;

2. Parents;

3. Unemancipated siblings, under the same conditions as children.

Dependency of the first class is presumed; the other classes must be proven. Members of a prior class exclude those below (§ 1). Stepchildren, wards and children under legal guardianship are treated as children, upon the insured person's declaration and provided they cannot support themselves (§ 2, as amended by Law 15,108/2025). Common-law unions and economic dependency require contemporaneous documentary evidence produced within 24 months before death or imprisonment (§ 5).

Grace period

When contributions stop, insured status is maintained, together with all rights, for the periods set out in art. 15:

Situation	Period
Receiving a benefit (except accident allowance)	Unlimited
Ceasing paid activity	12 months after contributions stop
More than 120 monthly contributions without interruption	Extended to 24 months
Unemployed, with documented proof from the Labor Ministry	Additional 12 months on top of the above
Compulsory segregation due to disease	12 months after segregation ends
Imprisoned or detained	12 months after release
Mandatory military service	3 months after discharge
Optional insured person	6 months after the last contribution

Insured status is lost on the day after the deadline for paying the contribution for the month following the end of these periods (art. 15, § 4). Anyone who earns less than the minimum wage in a given month has the period recognized as contribution time only if the shortfall is topped up, offset from another month's surplus, or contributions are grouped within the same calendar year (Federal Constitution, art. 195, § 14; EC 103/2019, art. 29).

The loss of insured status does not, as a rule, prevent age-based, contribution-time-based or special retirements when all requirements, including the vesting period, were already met (Law 10,666/2003, art. 3). Acquired rights up to 13 November 2019 are also preserved (EC 103/2019, art. 3).

Vesting period (carência)

The vesting period is the minimum number of monthly contributions required to qualify for a benefit (art. 24). In summary:

Benefit	Vesting period	Legal basis
Temporary incapacity allowance and permanent incapacity retirement	12 contributions; waived for accidents, occupational diseases and diseases on the official list	Art. 25, I, and art. 26, II
Age-based, programmed and special retirements	180 contributions	Art. 25, II
Maternity pay	10 contributions for individual contributors, optional insured and special insured; none for employees, dock workers and domestics	Art. 25, III, and art. 26, VI
Imprisonment allowance (auxílio-reclusão)	24 contributions	Art. 25, IV
Survivor pension, family allowance and accident allowance	None	Art. 26, I

For the special insured woman, the law refers to 10 contributions (art. 25, III) and, in art. 39, sole paragraph, to 12 months of rural activity; the applicable period must be checked in each specific case. If childbirth is premature, the maternity-pay vesting period is reduced by as many months as the delivery was early (art. 25, sole paragraph).

If insured status was lost, art. 27-A requires, from the new enrollment onwards, half the vesting period for the temporary incapacity allowance, permanent incapacity retirement, maternity pay and imprisonment allowance (6, 5 and 12 contributions, depending on the benefit). For other benefits, the requirement of contributions after re-enrollment ceased with the repeal of art. 24's sole paragraph (Law 13,457/2017).

Legislative history of the vesting period to recover insured status

The rule on how many contributions the insured person must complete after re-enrollment changed several times. The table below shows the evolution for disability benefits (temporary incapacity allowance and permanent incapacity retirement):

Period of triggering event	Statute	Benefit vesting period	Vesting period to recover status
Until 06/07/2016	Art. 24, sole paragraph (original text)	12 contributions	4 contributions (1/3 of 12)
07/07/2016 to 04/11/2016	Provisional Measure (MP) 739/2016	12 contributions	12 contributions (full)
05/11/2016 to 05/01/2017	Lapse of MP 739	12 contributions	4 contributions (1/3 of 12)
06/01/2017 to 26/06/2017	MP 767/2017	12 contributions	12 contributions (full)
27/06/2017 to 17/01/2019	Law 13,457/2017	12 contributions	6 contributions (half)
18/01/2019 to 17/06/2019	MP 871/2019	12 contributions	12 contributions (full)
From 18/06/2019	Law 13,846/2019 (art. 27-A)	12 contributions	6 contributions (half)

For maternity pay (individual contributor, special insured and optional insured), the evolution followed a similar path:

Period of triggering event	Statute	Benefit vesting period	Vesting period to recover status
Until 06/07/2016	Art. 24, sole paragraph (original text)	10 contributions (IC/optional) or 12 months of activity (special)	3 contributions (1/3 of 10)
07/07/2016 to 04/11/2016	MP 739/2016	10 contributions	10 contributions (full)
05/11/2016 to 05/01/2017	Lapse of MP 739	10 contributions	3 contributions (1/3 of 10)
06/01/2017 to 26/06/2017	MP 767/2017	10 contributions	10 contributions (full)
27/06/2017 to 17/01/2019	Law 13,457/2017	10 contributions	5 contributions (half)
18/01/2019 to 17/06/2019	MP 871/2019	10 contributions	10 contributions (full)
From 18/06/2019	Law 13,846/2019 (art. 27-A)	10 contributions	5 contributions (half)

For the imprisonment allowance (auxílio-reclusão):

Period of imprisonment	Statute	Benefit vesting period	Vesting period to recover status
Until 17/01/2019	No vesting requirement	0	None
18/01/2019 to 17/06/2019	MP 871/2019	24 contributions	24 contributions (full)
From 18/06/2019	Law 13,846/2019 (art. 27-A)	24 contributions	12 contributions (half)

Disability benefits

Temporary incapacity allowance (former auxílio-doença)

Granted to an insured person incapacitated for work or habitual activity for more than 15 consecutive days (art. 59).

• Vesting period: 12 contributions, except where waived.

• Pre-existing condition: does not generate entitlement unless the incapacity results from progression or worsening (art. 59, § 1).

• Start date: the employer pays the first 15 days to employees; the INSS pays from the 16th day onwards. For other insured persons, payment starts from the onset of incapacity; if the claim is filed more than 30 days after the onset, it starts from the filing date (art. 60).

• Amount: 91% of the benefit salary (salário de benefício) (art. 61), calculated from the average of all contribution salaries since July 1994 (EC 103/2019, art. 26), capped at the average of the last 12 contribution salaries (art. 29, § 10).

• Duration: the medical examiner must estimate the period; if none is set, the benefit ceases after 120 days, unless an extension is requested (art. 60, §§ 8 and 9). When granted by document analysis alone, it cannot exceed 30 days; longer periods require an in-person or telemedicine examination (art. 60, §§ 11-F and 11-G, added by Law 15,265/2025).

• Insured person in closed-regime prison: not entitled to the benefit (art. 59, § 2).

  
  

Formula for calculating the initial monthly income (RMI)

The 91% rate on the benefit salary remains the same (art. 61), but the basis for calculating the benefit salary changed with EC 103/2019:

Rule	Basis for calculating the benefit salary	RMI
Before EC 103/2019 (art. 29, II, Law 8,213/91)	Simple arithmetic mean of the 80% highest contribution salaries	91% × benefit salary
From EC 103/2019 (art. 26)	Simple arithmetic mean of 100% of contribution salaries since July 1994	91% × benefit salary

The RMI of the temporary incapacity allowance cannot exceed the average of the last 12 contribution salaries (art. 29, § 10).

Permanent incapacity retirement (former aposentadoria por invalidez)

Granted to an insured person deemed incapable and unfit for rehabilitation for any gainful activity, after medical-expert examination (art. 42).

• Vesting period: 12 contributions, with the same waivers as the temporary incapacity allowance.

• Amount: 60% of the average contribution salaries, plus 2 percentage points for each year of contribution exceeding 20 years (15 years for women). The amount is 100% when the incapacity results from a work accident, occupational disease or work-related disease (EC 103/2019, art. 26, §§ 2, 3 and 5).

• 25% supplement: for retirees who need permanent personal assistance from another person (art. 45).

• Reassessment: retirees may be called for reassessment (art. 43, § 4). Reassessment is waived when the examination finds permanent, irreversible or irrecoverable incapacity, and for people with AIDS, Alzheimer's disease, Parkinson's disease or amyotrophic lateral sclerosis (art. 43, §§ 5 and 6, Law 15,157/2025).

  
  

RGPS INSS retirements and benefits Brazil: requirements in 2026

The applicable rule depends on the date of enrollment in the RGPS. Those who enrolled after 13 November 2019 (the date of EC 103/2019) follow the permanent rule. Those already enrolled on that date may qualify for the age-based retirement under art. 18 or one of the transition rules (next section).

Retirement	Minimum age	Time required	Legal basis
Programmed (enrolled after 13/11/2019)	Women 62; men 65	Women 15 years of contribution; men 20 years	EC 103/2019, art. 19
Programmed for teachers (early childhood, primary and secondary education)	Women 57; men 60	25 years of contribution exclusively in teaching	EC 103/2019, art. 19, § 1, II
Age-based (enrolled up to 13/11/2019)	Women 62 (60 in 2019, rising by 6 months/year until 2023); men 65	15 years of contribution, for both	EC 103/2019, art. 18
Age-based for rural workers	Women 55; men 60	Proven rural activity, even if discontinuous, for a period equal to the vesting period, immediately before the claim	Federal Constitution, art. 201, § 7, II; Law 8,213/1991, art. 48, §§ 1 and 2

Evolution of women's minimum age for age-based retirement (art. 18, § 1)

Year	Min. contribution (M)	Min. contribution (F)	Age (M)	Age (F)
2019	15	15	65	60
2020	15	15	65	60.5
2021	15	15	65	61
2022	15	15	65	61.5
2023 onwards	15	15	65	62 (cap)

All require a vesting period of 180 monthly contributions (180 months of rural activity for rural workers). The programmed and age-based retirement amount is 60% of the average of all contribution salaries since July 1994, plus 2 percentage points for each year of contribution above 20 years for men and 15 years for women (EC 103/2019, art. 26).

Contribution-time-based retirement

This was abolished by EC 103/2019, but continues to be granted to those who met the requirements by 13 November 2019, under acquired rights (art. 3): 35 years of contribution for men and 30 for women, with no minimum age. To avoid the fator previdenciário (social security factor), the sum of age and contribution time required at that time was 96 points for men and 86 for women, with the increase as of 31/12/2018 (Law 8,213/1991, art. 29-C).

Special retirement

Granted to those who worked in permanent, non-occasional and non-intermittent exposure to harmful chemical, physical or biological agents, or a combination thereof (Law 8,213/1991, arts. 57 and 58).

• Exposure time and minimum age: 15 years of exposure and age 55; 20 years and age 58; or 25 years and age 60 (EC 103/2019, art. 19, § 1, I).

• Vesting period: 180 contributions.

• Proof: occupational profile (perfil profissiográfico previdenciário, PPP) issued by the employer based on a technical report of environmental conditions (art. 58, §§ 1 and 4).

• Conversion of special time to common time: recognized only for time worked up to 13/11/2019 (EC 103/2019, art. 25, § 2).

• Transition rule: those already enrolled on 13/11/2019 can add age, contribution time and exposure time and reach 66 points (15 years of exposure), 76 points (20 years) or 86 points (25 years), with no minimum age (EC 103/2019, art. 21).

  
  

Retirement for persons with disabilities

Until supplementary legislation addresses the matter, Supplementary Law 142/2013 applies (EC 103/2019, art. 22), with biopsychosocial assessment of the degree of disability.

Type	Women	Men
Contribution time, severe disability	20 years	25 years
Contribution time, moderate disability	24 years	29 years
Contribution time, mild disability	28 years	33 years
Age-based, any degree of disability	55, with 15 years of contribution and disability proven for the same period	60, with 15 years of contribution and disability proven for the same period

EC 103/2019 transition rules in 2026

The transition rules apply only to those enrolled in the RGPS on 13 November 2019. Two of them change every year: the point threshold rises by 1 point per year and the minimum age rises by 6 months per year. The 2026 figures below were calculated from arts. 15 and 16 of the amendment.

Rule	2026 requirements	Benefit amount
Points (art. 15)	Women: 30 years of contribution and 93 points. Men: 35 years and 103 points. Teachers: women 25 years and 88 points; men 30 years and 98 points (teaching only)	60% of the average + 2% per year above 20 years (men) or 15 years (women)
Progressive minimum age (art. 16)	Women: 30 years of contribution and age 59.5. Men: 35 years and age 64.5. Teachers: women 25 years and age 54.5; men 30 years and age 59.5	60% of the average + 2% per year above 20 years (men) or 15 years (women)
50% surcharge (art. 17)	On 13/11/2019, more than 28 years of contribution (women) or more than 33 years (men); complete 30 or 35 years of contribution plus 50% of the time that was missing on that date. No minimum age	Average of contribution salaries multiplied by the fator previdenciário
100% surcharge (art. 20)	Age 57 (women) or 60 (men); 30 or 35 years of contribution; plus 100% of the time that was missing on 13/11/2019. Teachers: age 52 and 25 years (women); age 55 and 30 years (men)	100% of the average contribution salaries

The point threshold continues rising until it reaches 100 points for women (in 2033) and 105 for men (in 2028); for teachers, the cap is 92 and 100 points. The progressive minimum age reaches 65 for men in 2027 and 62 for women in 2031.

Anyone who meets the requirements of more than one rule can compare the amounts, because the first rule reached does not always produce the highest income. The INSS offers a retirement simulation on the Meu INSS portal, where insured persons can also check their contribution record (CNIS) before filing a claim.

1st Rule — Points (art. 15): year-by-year evolution

General insured persons:

Year	Min. TC (M)	Min. age (M)	Points (M)	Min. TC (F)	Min. age (F)	Points (F)
2019	35	61	96	30	56	86
2020	35	62	97	30	57	87
2021	35	63	98	30	58	88
2022	35	64	99	30	59	89
2023	35	65	100	30	60	90
2024	35	66	101	30	61	91
2025	35	67	102	30	62	92
2026	35	68	103	30	63	93
2027	35	69	104	30	64	94
2028	35	70	105 (cap)	30	65	95
2029	35	—	105	30	66	96
2030	35	—	105	30	67	97
2031	35	—	105	30	68	98
2032	35	—	105	30	69	99
2033	35	—	105	30	70	100 (cap)

Teachers (early childhood, primary and secondary education):

Year	Min. TC (M)	Min. age (M)	Points (M)	Min. TC (F)	Min. age (F)	Points (F)
2019	30	61	91	25	56	81
2020	30	62	92	25	57	82
2021	30	63	93	25	58	83
2022	30	64	94	25	59	84
2023	30	65	95	25	60	85
2024	30	66	96	25	61	86
2025	30	67	97	25	62	87
2026	30	68	98	25	63	88
2027	30	69	99	25	64	89
2028	30	70	100 (cap)	25	65	90
2029	30	—	100	25	66	91
2030	30	—	100	25	67	92 (cap)

2nd Rule — Progressive minimum age (art. 16): year-by-year evolution

General insured persons:

Year	Min. TC (M)	Age (M)	Min. TC (F)	Age (F)
2019	35	61	30	56
2020	35	61.5	30	56.5
2021	35	62	30	57
2022	35	62.5	30	57.5
2023	35	63	30	58
2024	35	63.5	30	58.5
2025	35	64	30	59
2026	35	64.5	30	59.5
2027	35	65 (cap)	30	60
2028	35	65	30	60.5
2029	35	65	30	61
2030	35	65	30	61.5
2031	35	65	30	62 (cap)

Teachers:

Year	Min. TC (M)	Age (M)	Min. TC (F)	Age (F)
2019	30	56	25	51
2020	30	56.5	25	51.5
2021	30	57	25	52
2022	30	57.5	25	52.5
2023	30	58	25	53
2024	30	58.5	25	53.5
2025	30	59	25	54
2026	30	59.5	25	54.5
2027	30	60 (cap)	25	55
2028	30	60	25	55.5
2029	30	60	25	56
2030	30	60	25	56.5
2031	30	60	25	57 (cap)

3rd Rule — 50% surcharge (art. 17): contribution time and surcharge scenarios

This rule does not require a minimum age, but can only be used by those who, on 13/11/2019, had more than 33 years of contribution (men) or more than 28 years (women). Those with exactly 33 or 28 years — or fewer — do not qualify. The benefit is calculated by multiplying the average contribution salaries by the fator previdenciário (social security factor) (art. 17, sole paragraph).

The total contribution time formula is: 35 years (or 30 for women) plus 50% of the time that was missing to reach those 35 or 30 years on 13/11/2019.

Men (TC at EC must be > 33 years; target = 35 years):

TC at EC (13/11/2019)	Missing for 35 years	Surcharge (50%)	Total TC required
34 years 6 months	6 months	3 months	35 years 3 months
34 years	1 year	6 months	35 years 6 months
33 years 6 months	1 year 6 months	9 months	35 years 9 months
33 years 3 months	1 year 9 months	10 months 15 days	35 years 10 months 15 days
33 years 1 month	1 year 11 months	11 months 15 days	35 years 11 months 15 days

Women (TC at EC must be > 28 years; target = 30 years):

TC at EC (13/11/2019)	Missing for 30 years	Surcharge (50%)	Total TC required
29 years 6 months	6 months	3 months	30 years 3 months
29 years	1 year	6 months	30 years 6 months
28 years 6 months	1 year 6 months	9 months	30 years 9 months
28 years 3 months	1 year 9 months	10 months 15 days	30 years 10 months 15 days
28 years 1 month	1 year 11 months	11 months 15 days	30 years 11 months 15 days

Because the contribution-time window for this rule is narrow (less than 2 years missing), the additional surcharge ranges from 3 months to just under 1 year. Time is calculated in days — the figures above are illustrative.

4th Rule — 100% surcharge (art. 20): contribution time and surcharge scenarios

General insured persons:

Min. age (M)	TC at EC (M)	Surcharge (M)	Total TC (M)	Min. age (F)	TC at EC (F)	Surcharge (F)	Total TC (F)
60	35	0	35	57	30	0	30
60	34	1	36	57	29	1	31
60	33	2	37	57	28	2	32
60	32	3	38	57	27	3	33
60	31	4	39	57	26	4	34
60	30	5	40	57	25	5	35
60	29	6	41	57	24	6	36
60	28	7	42	57	23	7	37
60	27	8	43	57	22	8	38
60	26	9	44	57	21	9	39
60	25	10	45	57	20	10	40

Teachers:

Min. age (M)	TC at EC (M)	Surcharge (M)	Total TC (M)	Min. age (F)	TC at EC (F)	Surcharge (F)	Total TC (F)
55	30	0	30	52	25	0	25
55	29	1	31	52	24	1	26
55	28	2	32	52	23	2	27
55	27	3	33	52	22	3	28
55	26	4	34	52	21	4	29
55	25	5	35	52	20	5	30
55	24	6	36	52	19	6	31
55	23	7	37	52	18	7	32
55	22	8	38	52	17	8	33
55	21	9	39	52	16	9	34
55	20	10	40	52	15	10	35

In the TC at EC column, read the contribution time the insured person already had on 13/11/2019. Surcharge is the additional time equal to 100% of the shortfall. Total TC is the sum of both.

Family allowance, maternity pay and accident allowance

Family allowance (salário-família)

Paid to low-income employees (including domestics) and dock workers for each child or equivalent under 14, or disabled child of any age (Law 8,213/1991, art. 65). In 2026, the allowance is R$ 67.54 per child for those earning up to R$ 1,980.38 per month (Interministerial Ordinance MPS/MF No. 13/2026, art. 4). No vesting period required. Payment depends on the birth certificate and, annually, on vaccination records and proof of school attendance (art. 67). Retirees due to disability or age, and other retirees aged 65 (men) or 60 (women), are also entitled, with the allowance paid alongside the retirement benefit (art. 65, sole paragraph).

Maternity pay (salário-maternidade)

Granted to the insured woman for 120 days, starting between 28 days before delivery and the date of delivery (art. 71). Adoption or legal guardianship for adoption also triggers the benefit, for 120 days (art. 71-A). Three recent rules deserve attention:

• Extended hospitalization: if the mother or newborn is hospitalized for more than two weeks due to delivery complications, the benefit is payable during the hospitalization and for a further 120 days after discharge, minus the time received before delivery (art. 71, § 3, added by Law 15,222/2025).

• Congenital Zika syndrome: a 60-day extension where a child is born with permanent disability caused by the syndrome (art. 71, § 2, Law 15,156/2025).

• Paternity pay (salário-paternidade): Law 15,371/2026, effective 1 January 2027, creates paternity pay under the INSS and sets the total duration of paternity leave and the benefit at 10 days from 2027, 15 days from 2028 and 20 days from 2029. The 20-day duration depends on meeting a fiscal target.

  
  

Accident allowance (auxílio-acidente)

A fixed indemnity paid to employees, domestic employees, dock workers and special insured persons (art. 18, § 1) who, after an accident of any nature leaves consolidated injuries, are left with a permanent condition that reduces their work capacity. No vesting period required. It starts on the day after the temporary incapacity allowance ends and amounts to 50% of the benefit salary. It cannot be combined with retirement, and its amount is included in the contribution salary for calculating future retirements (art. 31).

Survivor pension and imprisonment allowance

Survivor pension (pensão por morte)

Payable to the dependents of the deceased insured person and requires no vesting period (Law 8,213/1991, art. 26, I). The applicable law is the one in force on the date of death (STJ Precedent 340).

• Start date: the pension is backdated to the date of death if claimed within 90 days by dependents over 16, or within 180 days by dependents under 16. After those deadlines, it runs from the filing date. In cases of presumed death, it runs from the court decision (art. 74).

• Amount: a family share of 50% of the retirement the insured person was receiving, or would have been entitled to for permanent incapacity, plus 10 percentage points per dependent, up to 100%. Individual shares do not revert to other dependents. If there is a disabled dependent or one with severe intellectual or mental disability, the pension corresponds to 100% of the retirement, up to the RGPS ceiling (EC 103/2019, art. 23).

• Children, equivalents and siblings: receive until age 21, except if disabled.

• Spouse or common-law partner: if the insured person had at least 18 monthly contributions and the marriage or common-law union lasted at least 2 years before death, the duration depends on the dependent's age at the date of death (table below). If those conditions are not met, the pension lasts 4 months, except when death results from an accident of any nature or from an occupational or work-related disease, and except for the extension for disabled dependents until the condition is overcome (IN INSS/PRES 128/2022, art. 375).

Age of spouse or partner at date of death	Pension duration
Under 22	3 years
22 to 27	6 years
28 to 30	10 years
31 to 41	15 years
42 to 44	20 years
45 or older	Lifetime

The table applies to deaths from 01/01/2021 (Ordinance ME 424/2020). For earlier deaths, the brackets of the time apply, under which the pension was lifetime from age 44. Combining pensions, or a pension with a retirement, is subject to a reduction (EC 103/2019, art. 24).

Imprisonment allowance (auxílio-reclusão)

Paid to the dependents of the low-income insured person imprisoned in a closed-regime facility who is not receiving employer pay or receiving a temporary incapacity allowance, survivor pension, maternity pay, retirement or service bonus (art. 80).

• Vesting period: 24 monthly contributions (art. 25, IV).

• Low income in 2026: average contribution salaries for the 12 months prior to imprisonment of up to R$ 1,980.38 (Interministerial Ordinance MPS/MF No. 13/2026, art. 5).

• Amount: calculated as the survivor pension, capped at one minimum wage, currently R$ 1,621.00 (EC 103/2019, art. 27, § 1).

• Dependents and duration: follow the same conditions as the survivor pension (art. 80).

  
  

Social assistance: BPC/LOAS and inclusion allowance

Continuous Cash Benefit (BPC)

The BPC is a social assistance benefit, not a social security one: it does not require INSS contributions. It guarantees one minimum wage per month (R$ 1,621.00 in 2026) to elderly persons aged 65 or over and to persons with disabilities who cannot provide for themselves and whose family cannot provide for them (Law 8,742/1993, art. 20; Interministerial Ordinance MPS/MF No. 13/2026, art. 3, IV).

• Income: monthly family per capita income at or below 1/4 of the minimum wage, i.e. R$ 405.25 in 2026 (art. 20, § 3). Regulations may raise the threshold to up to 1/2 of the minimum wage, considering the degree of disability, dependence on others and healthcare costs not covered by the public health system (art. 20, § 11-A, and art. 20-B).

• Disability: long-term impairment, lasting at least 2 years, assessed by INSS medical examination and social evaluation (art. 20, §§ 2, 6 and 10).

• Registration: CPF and Cadastro Único enrollment, plus biometric registration as required by regulation (art. 20, §§ 12 and 12-B).

• Income from other benefits: BPC or a social-security benefit of up to one minimum wage received by another elderly person or person with a disability in the family is not counted toward income (art. 20, § 14).

• Review: the benefit is reviewed every 2 years (art. 21). Medical reassessment is waived when the impairment is permanent, irreversible or irrecoverable (art. 21, § 5, Law 15,157/2025).

• Limitations: BPC does not generate an annual bonus (abono anual) or survivor pension for dependents (Decree 6,214/2007).

  
  

Inclusion allowance (auxílio-inclusão)

Designed for persons with moderate or severe disabilities who receive the BPC and take up employment earning up to 2 minimum wages, as mandatory RGPS insured persons or enrolled in a public-sector social security scheme (arts. 26-A et seq.). Requires an up-to-date Cadastro Único, a valid CPF and compliance with BPC maintenance criteria. Its amount is 50% of the BPC (R$ 810.50 in 2026); it does not pay an annual bonus and cannot be combined with the BPC, retirements, pensions, disability benefits or unemployment insurance (arts. 26-B to 26-E).

Frequently asked questions

Can someone who enrolled in INSS after 2019 use the transition rules?

No. The transition rules apply only to those enrolled in the RGPS on 13 November 2019. Those who enrolled later follow the permanent rule: women with 62 years of age and 15 years of contribution; men with 65 years and 20 years (EC 103/2019, art. 19).

Does losing insured status mean losing the right to retire?

As a rule, no — not for age-based, contribution-time-based or special retirements, as long as all requirements, including the vesting period, were already met (Law 10,666/2003, art. 3). For the temporary incapacity allowance, permanent incapacity retirement, maternity pay and imprisonment allowance, those who lost insured status must complete half the vesting period after re-enrollment (art. 27-A).

How long does a spouse receive the survivor pension?

It depends on their age at the date of death: from 3 years for those under 22 up to a lifetime pension for those aged 45 or older. This applies when the insured person had 18 monthly contributions and the marriage or common-law union lasted at least 2 years; otherwise, the pension lasts 4 months, with the exceptions in art. 375 of IN INSS/PRES 128/2022.

Does the BPC require INSS contributions?

No. The BPC is a social assistance benefit. The requirements are age 65 or over or long-term disability, family per capita income within the legal limit (R$ 405.25 in 2026, as a general rule) and enrollment in the Cadastro Único.

What is the income limit for the family allowance and the imprisonment allowance in 2026?

The limit is R$ 1,980.38 for both benefits. For the family allowance, it is the insured person's monthly pay; for the imprisonment allowance, it is the average contribution salaries for the 12 months prior to imprisonment (Interministerial Ordinance MPS/MF No. 13/2026).

Conclusion

Access to INSS retirements and benefits hinges on three points the insured person can check before filing any claim: the category and date of enrollment, the contribution history on the CNIS, and the rule in force on the date the requirements were met. Amounts and point thresholds change every year, and recent statutes have amended benefits such as maternity pay and the BPC. Gathering work records (CTPS), payment booklets, medical reports and receipts, and consulting the contribution record on the Meu INSS portal helps identify gaps. To understand how these rules apply to a specific situation, individualized legal guidance is recommended.

Legal disclaimer: this article is for educational and informational purposes only. It does not constitute legal advice. For analysis of your specific case, consult an attorney.

Sources

• Law 8,213/1991 (compiled text)

• Constitutional Amendment 103/2019

• Law 8,742/1993 (Organic Social Assistance Law)

• Law 15,371/2026 (paternity leave and paternity pay)

• Interministerial Ordinance MPS/MF No. 13/2026 (2026 values)

• IN INSS/PRES 128/2022, art. 375 (survivor pension and Ordinance ME 424/2020)