Lawyers explain how pensions work for trans people

The benefits go beyond financial aspects when it comes to trans people and involve confronting prejudice

The retirement process, which should be a right accessible to all, presents specific obstacles for trans people in Brazil. “The big challenge for trans people in relation to Social Security benefits is being treated based on the gender identity with which they identify,” says Washington Barbosa, social security law specialist and CEO of WB Cursos, in an interview with Earth WE.

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The pension issue goes beyond financial aspects when it comes to this community, according to lawyer Carlos Lopes Campos Fernandes, specialist in social security and labor law and majority partner of CLC Fernandes Advogados. “It’s about addressing discrimination and bias that can impact safety and quality of life,” she says.

gender identity

The Brazilian pension system allows trans people to retire based on the correct gender in official documents. This means that, if the correction has been made, the person will be assessed according to the rules applicable to the gender with which they identify.

“If you are a person who is biologically born a man, but identifies as a woman, the benefit analysis must be done in accordance with the rules relating to women,” explains Washington Barbosa. “No matter when the rectification was made, the INSS must consider the sex at the date of submission of the application.”

Therefore, according to lawyer Carlos Fernandes, legal requirements such as contribution time and minimum age are the same for trans people as well. Women (cis and trans) can retire at 62 and with at least 15 years of contributions, while men (cis and trans) can retire at 65 and with at least 20 years of contributions.

Documentation

Correcting your name and gender in your personal documents is critical to ensuring the retirement process goes smoothly. If the update is not made, there may be difficulties in approving retirement and proving contribution time.

As Carlos Fernandes points out, “for the purposes of the INSS pension, it is recommended that the trans person makes a prior change of their name and gender in the civil register and other public documents, such as work card, CPF and identity card” .

Additionally, it is also important to make the change to the company’s records if the person works for one. “To make it clear that you have identified yourself this way for some time and leave no room for doubt. ‘Oops, no, you only did it here when you registered your ID. You didn’t do it anywhere else. Why?'” exemplifies Washington Barbosa.

And when the gender transition occurs after the start of working life, the INSS must consider the contribution period prior to the gender correction. “The entire history of contributions is maintained, regardless of previous name or gender. Transgender people have the right to access their pension without losing the benefits accumulated during their working life,” says Carlos Fernandes.

Guidelines

Social Security lawyers recommend that when planning for retirement, the trans person organizes all the necessary documentation and rectifies the documents, if necessary. “This helps avoid any suspicion of fraud on the part of INSS,” Washington says.

“Regulate your contributions to the INSS and periodically check whether all the information is correct in the social security system,” advises Carlos Fernandes.

It is also important that trans people are aware of their rights and the possibility of contesting any INSS denials. If retirement is not granted, it is possible to file an administrative appeal.

“And if the administrative appeal is rejected, the trans person will have to ask for their rights to be guaranteed through the courts”, concludes Carlos.

Source: Terra

Rose

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