Workers who joined the supplementary private pension plan are entitled to maintain a health plan under the same conditions as when they were active, as long as provided for in the contract, so as not to cause damage to the health of the beneficiaries.
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With this understanding, the 2nd Civil Court of the Regional of Bangu, in Rio de Janeiro, granted early guardianship to a man to maintain health plan coverage linked to a supplementary retirement plan, which provides for the 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 plan, which granted the permanence of the health plan for life under conditions similar to those of an active employee. . The offer to the employee was made by the financial institution when the bank employee migrated from the Pension Plan (PAC) to the definitive contribution plan, called Plano CD.
Based on the documentation presented, the judge granted an injunction, considering that there is a risk of damage to the bank employee and his dependents with the suspension of health plan assistance.
“There is, therefore, a clear risk of damage to the useful result of the process, given the condition of assistance from the health plan to the plaintiff, as well as to his dependents, including, regarding the treatment of the plaintiff’s daughter, diagnosed with ADHD, neurobiological disorder, thus, there is a need to protect and recover its health”, he stressed.
Thus, it determined that institutions must charge the monthly fee from the beneficiary corresponding to the amount previously made, when the banker performed work, allowing only the addition of legal adjustments and those resulting from change in age group, under penalty of a daily fine. in the amount of R$ 1,000.00 in the event of non-compliance with the obligation.
The bank’s legal representation was Stamato, Saboya & Rocha Advogados Associados.
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Process 0820704-97.2022.8.19.0204
