Social security deductions made on transitory sums during a civil servant’s period of activity are considered illegal and the amounts corresponding to the last 5 (five) years prior to the filing of the lawsuit must be reimbursed.
But what are transitory allowances?
Before going into this concept, we need to define what remuneration is.
According to the legal text, art. 41 of Law 8.112/90, remuneration is the salary of the permanent position, plus the permanent pecuniary advantages established by law.
In this sense, the social security contribution is levied on the salary of the permanent position, plus permanent pecuniary advantages.
Thus, transitory benefits are understood as occasional advantages that will not be incorporated into the civil servant’s salary when they become inactive.
The social security deduction cannot be levied on these.
To this end, the civil servant must pay attention to the deductions recorded on their payroll.
If you notice that the social security contribution has been levied on a transitory benefit, you should contact a lawyer you trust to analyze the case and, if confirmed, apply to court for a refund of the amounts deducted in the last five years prior to filing the lawsuit.
