Trabalhista e Previdenciário. Obreiro aposentado mantém-se no plano de saúde, mas deve efetuar pagamento integral da mensalidade
Páginas | 71-72 |
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Agravo de Instrumento em Recur-so de Revista. Ex-empregado aposentado. Manutenção do plano de saúde. Majoração da contribuição. Custeio integral pelo beneiciário. Tratandose de ex-empregado aposentado, ica assegurado a ele o direito de manter sua condição de beneiciário no pla-no de saúde, sem limite de tempo de permanência, nas mesmas condições de cobertura assistencial de que go-zava quando da vigência do contrato de trabalho. A manutenção no plano pressupõe que o empregado aposentado assuma o pagamento integral e
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tenha contribuído pelo prazo mínimo de 10 anos (Lei nº 9.656/98, art. 31, caput). Na espécie, tendo o acórdão atribuído a integralidade do custeio do plano de saúde ao empregado aposentado, essa circunstância não implica violação aos arts. 30 e 31 da Lei nº 9.656/98. Agravo de instrumento desprovido.
(TST - Ag. de Instrumento n. 1029-48.2012.5.02.0434 - 7a. T. - Ac...
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