Post by SHIHAB on Jan 11, 2024 14:16:24 GMT 8
The Federal Supreme Court unanimously confirmed the validity of the rules of the State of Rio Grande do Sul's Own Social Security Regime that allow the use of resources from the Social Security Fund (Fundoprev) for payments of social security benefits from the Simple Distribution Financial Fund.
Carlos Moura/SCO/STF Cármen Lúcia recalled that states WhatsApp Number List have autonomy over their pension systems Carlos Moura/SCO/STF The decision was taken in a direct action of unconstitutionality (ADI) filed by the Workers' Party (PT), which questioned provisions of state Complementary Law 15,511/20 and state Decree 55,451/20. According to the PT, the use of resources to pay social security benefits for employees not included in Fundoprev, which operates under the capitalization financial regime, would represent disinvestment.
In voting to dismiss the request, the rapporteur, minister Cármen Lúcia, highlighted that the Constitution authorizes the states and the Federal District to regulate their own social security regimes. In the case of Rio Grande do Sul's rules, as the two funds are part of the state's own social security regime, there is no violation of the constitutional rule that prohibits the use of resources to pay expenses other than retirement and pensions. Balance The minister also noted that the rules complied with the constitutional requirement to maintain the financial and actuarial balance of the regime and that rules were established in this regard, including providing that contributions must respect the limit, month by month, of covering the Treasury's pension deficit of State. With information from the STF press office.
Carlos Moura/SCO/STF Cármen Lúcia recalled that states WhatsApp Number List have autonomy over their pension systems Carlos Moura/SCO/STF The decision was taken in a direct action of unconstitutionality (ADI) filed by the Workers' Party (PT), which questioned provisions of state Complementary Law 15,511/20 and state Decree 55,451/20. According to the PT, the use of resources to pay social security benefits for employees not included in Fundoprev, which operates under the capitalization financial regime, would represent disinvestment.
In voting to dismiss the request, the rapporteur, minister Cármen Lúcia, highlighted that the Constitution authorizes the states and the Federal District to regulate their own social security regimes. In the case of Rio Grande do Sul's rules, as the two funds are part of the state's own social security regime, there is no violation of the constitutional rule that prohibits the use of resources to pay expenses other than retirement and pensions. Balance The minister also noted that the rules complied with the constitutional requirement to maintain the financial and actuarial balance of the regime and that rules were established in this regard, including providing that contributions must respect the limit, month by month, of covering the Treasury's pension deficit of State. With information from the STF press office.