Employees who have entered the supplementary special pension program have the right to maintain the health fund on the same terms as they were when they were active, as long as this is stipulated in the contract, so as not to harm the health of the beneficiaries.
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Based on this understanding, the Second Civil Court of Pango Province, in Rio de Janeiro, granted early guardianship to a man to maintain health plan coverage linked to a supplemental retirement plan, which provides for benefit.
The bank employee had to go to court to demand that Fundação Itaú Unibanco de Previdência Complementar and Central Nacional Unimed comply with the contract signed with the supplementary pension, which grants the health plan for life under conditions similar to those of the active employee. The offer was made to the employee by the financial institution when the bank employee moved from a retirement plan (PAC) to a terminal contribution plan, called a Plano CD.
Based on the documents submitted, the judge issued an injunction, considering that there is a risk of harm to the bank employee and their dependents with the suspension of health fund assistance.
“Therefore, there is a clear risk of harm to the beneficial outcome of the operation, given the state of assistance from the plaintiff’s health plan, as well as to their dependents, including, in connection with the treatment of the plaintiff’s daughter, diagnosed with ADHD, a neurobiological disorder, and therefore, there A need to protect and restore his health,” he emphasized.
Thus, it has specified that the institutions shall charge the beneficiary a monthly fee corresponding to the amount made earlier, when the banker performs the work, and only allow the addition of legal and those resulting from the change in age group, under penalty of a daily fine. An amount of R$1,000.00 in case of non-compliance with the obligation.
Was the judicial representation of the banker Stamato, Saboya & Rocha Advogados Associados.
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