Retirement Denied With 35 Years of Contributions in 2026: Why It Happens and What to Do

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Having 35 years of contributions to the INSS (Brazil’s National Social Security Institute) and still getting your retirement application denied seems absurd, but it has happened often since the 2019 Social Security Reform.

Why Does the INSS Deny Retirement Even With 35 Years of Contributions?

Every year, the INSS rejects thousands of retirement applications because applicants do not meet the new legal requirements. The reason is simple: since November 2019, years of contributions alone are not enough. EC 103/2019 (Constitutional Amendment 103/2019) created transition rules that require a minimum age, a points score, or an additional “toll” period of contributions.

Take an insured worker who has contributed for 35 years but is, say, 55 years old. Under the points rule, that worker totals only 90 points. In 2026, men need 103 points. That is 13 points short. The result? Application denied.

This catches many people by surprise. Before the reform, men could retire once they completed 35 years of contributions, and women once they completed 30. That rule no longer exists.

What Are the Transition Rules in 2026?

The five transition rules are set out in articles 15 to 20 of EC 103/2019. Each one has different requirements, and the best option depends on your situation. Here are the updated figures for 2026:

Every year, the INSS rejects thousands of retirement applications because applicants do not meet the new legal requirements.

For more information, see also the firm’s article on Retirement Based on Contribution Time After the Reform.

Points Rule (Art. 15)

• Men: 35 years of contributions + 103 points (age + contribution time)
• Women: 30 years of contributions + 93 points
• The required score rises by 1 point per year until it reaches 105 (men, in 2028) and 100 (women, in 2033)

In practice, a man with 35 years of contributions must be at least 68 years old to reach 103 points. A woman with 30 years must be 63.

Progressive Minimum Age (Art. 16)

• Men in 2026: 64 years and 6 months + 35 years of contributions
• Women in 2026: 59 years and 6 months + 30 years of contributions
• The age requirement rises by 6 months per year until it reaches 65 (men) and 62 (women)

50% Toll (Art. 17)

This rule applies only to people who were less than 2 years away from completing the required contribution time on 13/11/2019. You must complete the remaining time plus a 50% toll (pedágio, an extra contribution period). There is no minimum age, but the calculation applies the social security factor (fator previdenciário). Few insured workers still qualify under this rule in 2026.

100% Toll (Art. 20)

• Men: 60 years of age + 35 years of contributions + a toll of 100% of the time that was missing in 2019
• Women: 57 years of age + 30 years of contributions + a 100% toll

This rule tends to produce a more favorable calculation because it does not apply the reduction of 60% + 2% per year.

Retirement by Age (Art. 18)

• Men: 65 years + 15 years of contributions
• Women: 62 years + 15 years of contributions

How Do I Know Which Rule Applies to My Case?

Choosing the rule depends on three factors: your current age, how much contribution time you had in November 2019, and how much you have today. There is no universally “best” rule.

A practical example helps. Carlos is 58 and has 35 years of contributions in 2026:

• Points rule: 58 + 35 = 93 points. He needs 103. He does not qualify.
• Progressive minimum age: He needs to be 64.5. He does not qualify.
• 100% toll: If he was 1 year short of completing 35 years in 2019, the toll is 1 more year. But he must be 60 years old. He does not qualify.
• Carlos must wait a few more years.

What Should I Do If the INSS Denied My Retirement?

Do not accept the denial without a fight. You have two paths:

Administrative Appeal to the CRPS

You have 30 days from the date you are notified of the decision (art. 305 of the INSS’s IN 128/2022). The appeal goes to the Appeals Board of the CRPS (Social Security Appeals Council). It is free and can be filed through Meu INSS (the INSS’s online portal and app).

Appealing makes sense when the INSS did not recognize contribution periods, disregarded special-conditions work, or made an error in calculating your contribution time.

Lawsuit in the Federal Courts

If the administrative appeal is denied, or if you prefer to go straight to the courts, you can file a lawsuit in the Federal Courts. For claims of up to 60 minimum monthly wages, you can go to the Federal Small Claims Court without a lawyer, although legal assistance is recommended.

The court can recognize periods the INSS did not accept, convert special-conditions time into ordinary time, and even apply more favorable rules based on the case law of the STJ (Superior Court of Justice) and the TRFs (Federal Regional Courts).

How Is Retirement Calculated After the Reform?

The calculation changed significantly. Under the general rule in art. 26 of EC 103/2019, the benefit is calculated as follows:

• Average: of all contribution salaries since July 1994
• Coefficient: 60% of the average + 2% for each year beyond 20 years of contributions (men) or 15 years (women)

This means a man with 35 years of contributions receives 90% of the average (60% + 30% for the 15 extra years). To reach 100%, he would need 40 years of contributions.

The exception is the 100% toll rule, which calculates the benefit at 100% of the average with no reduction.

How Can I Avoid a Retirement Denial?

Planning is the key word. Before you file your application with the INSS:

• Update your CNIS (National Social Information Registry) on the Meu INSS portal and check that all your employment records are correct
• Run simulations to identify which transition rule you qualify under
• Check for special-conditions work (unhealthy or dangerous working conditions) that can be converted into ordinary time
• Consider supplemental contributions if you are close to reaching the required score
• Consult a social security lawyer for a detailed analysis before filing

Frequently Asked Questions

Who is entitled to retirement after a denial with 35 years of contributions in 2026?

Since the Social Security Reform (EC 103/2019), having 35 years of contributions does not guarantee retirement. In 2026, you must also meet a minimum age (64.5 years for men) or points requirement (103 points for men) under the transition rules. If the INSS denied your application, you can appeal to the CRPS within 30 days or file a lawsuit in the Federal Courts.

How much is the retirement benefit after a denial with 35 years of contributions in 2026?

The amount depends on which rule the insured worker qualifies under. Under the points rule, the calculation uses 60% of the salary average + 2% for each year beyond 20 years of contributions. Under the progressive age rule, the same coefficient applies. The 100% toll, if applicable, calculates 100% of the average.

How do I apply for retirement with the INSS after a denial with 35 years of contributions in 2026?

Go to the Meu INSS portal, select ‘Solicitar Benefício’ (Request a Benefit), and choose the type of retirement you qualify for (by age, points, or toll). Fill in the requested information and wait for the review. If denied, appeal to the CRPS within 30 days or turn to the Federal Courts.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.