Banker gets right to a lifetime health plan in court

Employees who have joined the Special Supplementary Pension Program have the right to maintain the HMO 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.

Based on this understanding, the Second Civil Court of the Province of Pango, 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 plan, which granted the health plan’s lifelong continuity under conditions similar to those enjoyed by the active person. 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 health plan of the plaintiff, as well as for 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 specified that institutions must charge a monthly fee from the beneficiary corresponding to the amount made previously, when the banker performs the work, allowing only the addition of legal and those resulting from a change in age group, under the penalty of a daily fine. In the amount of R$1,000.00 in case of non-compliance with the obligation.

Was the legal representation of the bank Stamato, Saboya & Rocha Advogados Associados.

click over here To read the decision
Address 0820704-97.2022.8.19.0204