Unanimously, the Third Panel of the Supreme Courtroom of Justice (STJ) selected Tuesday (20/6) that an aged lady can take possession of a gaggle well being plan by becoming a member of after the dying of her husband indefinitely. Then again, the total prices of the month-to-month payment should be borne by the widow.
The ministers absolutely adopted the vote of Minister Nancy Andregui, the Cupboard Rapporteur Particular enchantment 2,029,978 / SP, which went again to the antecedents of the third panel. The decide defined that the dying of a well being plan holder opens the door for dependents to use to develop into plan holders, citing Articles 30 and 31 of the Well being Plans Regulation (Regulation 9.656/1998).
“An aged beneficiary who loses dependency standing as a result of dying of the bearer after greater than 10 years of contribution is entitled to imagine possession of the group well being fund by becoming a member of indefinitely whereas the contract between the operator is concluded and the operator is efficient towards policyholders and offered To bear the total value, with out prejudice to exercising the appropriate at any time to switch the deficiency to contracting with one other well being plan.
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The choice, which additionally grants the appropriate to the potential of switch of grace durations, preserves the switch of property beforehand decided by the Courtroom of Justice of São Paulo (TJSP). Thus, the agent should preserve the protection specified within the contract.
And Amiel’s protection argued on the session that the dying of the husband ended the authorized relationship of the contract and that the matter wouldn’t be returned to the judiciary to legislate on this subject, even when it returned to the social operate of the contract. The thesis, nonetheless, was not accepted.
Within the software, the well being employee acknowledged that the contract doesn’t present for remission after the dying of the pregnant lady. So you must swap to the only methodology after 24 months which was denied.