Is a terminated employee entitled to continue with the plan? | Complaining helps

Melissa Areal, lawyer

Melissa Areal, lawyer

“My uncle is retired, but he continued to work. A month ago he was fired. The company provides health insurance. By law, he cannot continue with the plan and pay for himself? Both the company and the health plan said that it’s not possible”. (Bianca Ramos, Grajau)

Law 9656/98 establishes conditions for retirees and those dismissed without just cause to remain insured in the health plan of the former employer, after dismissal without just cause and retirement.

Lawyer Melissa Areal Pires explains that in the case of the retiree, art. 31, of the aforementioned law, establishes that you can remain insured in the same contract, with the same conditions, provided that you have contributed for at least 10 years and assume the full payment of the monthly fee. “The retiree, who has contributed for less than 10 years, may remain insured for a period of one year for each year of contribution, as long as he assumes the full payment of the monthly fee”, explains the lawyer.

In 2011, the ANS regulated the matter, restricting the exercise of the right to only those retirees who made a fixed contribution to the health plan. Thus, only retirees who participated in the payment of the plan’s monthly fee could exercise the right to remain insured in the former employer’s contract.

The regulation also defined that the retiree, who continues to work in the same company after retirement, does not lose the rights provided for in said art. 31 when he leaves, maintaining the right to remain guaranteed, including dependents, in the contract of the former employer, emphasizes the lawyer Átila Nunes, from the www. complaining is good with br. Service is free by email. [email protected] or by WhatsApp (21) 99328-9328.

Cases resolved by the Complain Adianta team (WhatsApp – 99328-9328, for messages only): Manoel Antônio (Águas do Rio), Daniel Gonzalez (Ponto Frio), Fábio Martins (Rioluz).

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