Inactive civil servants and pensioners who held a permanent position linked to the National Social Security Institute (INSS) may be entitled to differences related to the performance bonus.
The GDASS – Social Security Activity Performance Bonus, created by Law No. 10.885/2004, is an advantage due to members of the Social Security Career who perform their duties within the scope of the INSS.
Although it is a payment based on the civil servant’s activity, those who retired or instituted a pension benefit with the right to parity of remuneration – in other words, who have their benefits adjusted in the same proportion and at the same time as active civil servants – can go to court to seek payment of the differences between April 2004 and May 2009.
In fact, the right to payment of the differences between the scores awarded to active and inactive civil servants and pensioners has already been recognized in a class action lawsuit filed in 2008.
More recently, in 2021, the lawsuit had its final and unappealable decision certified and the civil servants can file an individual judgment to ensure that they receive the credit.
The amounts to be paid depend on a number of factors, such as the proportion of the benefit and the civil servant’s functional situation at the time the benefit was granted, but they can be easily verified from the financial statements from April 2004 to May 2009 and may exceed 170,000 reais.
Depending on the amount owed, payment can be made by means of an RPV – Requisition of Small Value, which is paid within 60 days of the requisition arriving at the Court, or by means of a Precatory Order, which can be paid by the end of the following year if the precatory order form is sent to the Court before April 2nd of the current year.
