State Social Security Institute invests in conciliation to recover improperly withdrawn amounts

False information directed at relatives of deceased retirees and pensioners, claiming they were entitled to receive up to three salaries of the former insured as assistance to cover funeral expenses, has motivated lawsuits filed by the State Institute of Social Security and Protection Management (Igepps).

No amount related to benefits paid by Igepps can be withdrawn from the account of the former beneficiary. The communication of the insured's death is mandatory, and the undue receipt of pensions and retirements constitutes the crime of qualified fraud. Actions for reimbursement to the Treasury do not prescribe.

Erika de Jesus Santos, 40 years old, discovered she had a debt with Igepps upon receiving an extrajudicial notification, summoning her for a conciliation action.

"It was a huge shock. My siblings and I had no idea about the existence of this debt, and we even thought we had been victims of fraud," explained the university student.

Erika sought Igepps in Belém, where she was informed about the undue withdrawal of her deceased mother's retirement in February 2021.

"Since the beneficiary passed away in the middle of the month, her retirement payment had already been processed by Igepps. With no time to block it, the amount was fully deposited into the insured's account, even after her death. The relatives did not know that they were only entitled to receive part of the amount and that they should return the remaining funds to Igepps,” explained Lorena Oliveira, a social security technician assigned to the Credit Recovery sector of the Litigation Coordination (CCOS), the area responsible for instructing processes aimed at the judicial collection of amounts improperly paid by the Institute.

"We withdrew the entire retirement of our mother out of ignorance. It is fair to return the money," said Erika Santos. She accepted the conciliatory route, signed an extrajudicial agreement, and avoided administrative and criminal liabilities, and even received a 20% discount and a 60-day period to pay the amount owed to the State Social Security Institute.

"My siblings and I decided to pay the debt in full. Now I feel at peace. I was even unable to sleep from so much worry. But I was very well attended, and I’m going home calm," said Erika.

Dialogue - Since 2023, Igepps has been holding a conciliation week as a way to recover amounts paid improperly, especially those withdrawn from the accounts of beneficiaries who have already passed away. Administrative collection is faster, less costly, and shows a higher return compared to judicial collection. Between November 2023 and April 2024, Igepps recovered over R$ 1.1 million through conciliation.

“Recovering undue payments is an obligation of Igepps. But we are doing it in a conciliatory manner, so as not to penalize relatives, often led to withdraw amounts from deceased relatives out of ignorance or misled by third parties. The Institute offers friendly negotiation, which is good for both sides,” informed the president of the Institute, Washington Albuquerque.

Countryside - This June, during the 3rd Conciliation Week, 44 services were provided, both online and in-person, at the Igepps headquarters in Belém and at the seven Institute agencies in the countryside. Of this total, 57% resulted in extrajudicial agreements - 26 conciliations - which represent over R$ 260 thousand in resources recovered for the pension fund.

Maria Lúcia Ferreira de Alencar Pereira sought the Igepps agency in Castanhal (a municipality in the Metropolitan Region of Belém) after receiving a notification informing her about transactions in her father's account after the beneficiary's death. Maria Lúcia's husband had a bank power of attorney to manage the finances of the former insured at Banpará, with the family's consent.

She made an agreement on behalf of her siblings and regularized the situation. “I found the service great, and even better to have the service at the Castanhal agency, as it avoided the hassle of going to Belém,” added Maria Lúcia.

Access - According to the manager of the Credit Recovery Sector of Igepps, Evelin Couto, "the Institute has been expanding the offer of regional services to facilitate access to the State's social security and property services, reducing the need for travel and speeding up the resolution of demands."

Conciliation appointments can be scheduled by calling 91-3182-3584/98605-2292 or by email: [email protected].