In general, the Seniority Guarantee Fund (FGTSIt aims to protect official workers who are covered by the legal system of labor law, if they are dismissed without a valid reason. However, there are some exceptions that allow partial or full benefit balance being released.
For this reason, the FGTS withdrawal can be requested when the worker retires, or upon his death, as the family can request the amounts added to the fund. In addition to these situations, the balance can also be released, when the worker or their dependents become ill with illnesses considered serious.
FGTS release in disease
As mentioned earlier, it is agreed to withdraw from the guarantee fund in the event that the worker or his dependents become seriously ill. However, when dealing with dependents, they have to be:
- The worker’s spouse or partner;
- Children and children of a spouse under the age of 21 or up to 24 years old, if they are studying;
- Dependents recognized by Social Security;
- Dependents on income tax.
In view of the FGTS withdrawal request to support dependents, it will be necessary for the worker to present the following documents:
- marriage certificate
- birth certificate;
- Declaration of a stable union;
- Proof of coexistence.
It should be noted that documentation may vary depending on the deficiency and the disease concerned.
Diseases that allow plunder
According to Law 8036/90, workers can withdraw FGTS due to illness, when the diagnoses are:
HIV / AIDS
Necessary documents:
- A medical certificate provided by the specialist accompanying the patient’s treatment with all necessary information;
- A skilled document proving the dependency relationship, in the case of an ill dependent account holder;
- Labor card in case the worker withdraws; or
- The minutes of the board of directors that decided to appoint a non-working manager;
- A document proving the identity of the non-working worker or manager;
- CPF factor.
Cancer (metastasis)
Necessary documents:
- A medical certificate valid for less than thirty days, counted from its sending, and signed with the CRM or RMS seal and signature of the physician in charge of the treatment;
- The report of the anatomical or pathological examination that was the basis for preparing the medical certificate;
- A skilled document proving the dependency relationship, in case the account holder is the patient;
- Labor card in case the worker withdraws; or
- The minutes of the board of directors that decided to appoint a non-working manager;
- A document proving the identity of the non-working worker or manager;
- CPF factor.
Serious disease / terminal stage
Necessary documents:
- A certificate containing a clear medical diagnosis.
- A skilled document proving the dependency relationship, in case the account holder is the patient;
- Labor card in case the worker withdraws; or
- The minutes of the board of directors that decided to appoint a non-working manager;
- CPF factor.
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