Súmula 92
| Autor | Fernando Augusto de Vita Borges de Sales |
| Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
| Páginas | 45-45 |
Page 45
APOSENTADORIA.
O direito à complementação de aposentadoria, criado pela empresa, com requisitos próprios, não se altera pela instituição de benefício previdenciário por órgão oficial.
Assunto: aposentadoria; complementação.
Legislação correlata: não há.
Súmulas do TST relacionadas: 51; 72; 97; 160; 288; 313; 332; 440.
Comentários
A súmula em comento contempla a regra do direito adquirido. Se o empregador cria, por norma regulamentar, o direito à complementação de aposentadoria, esse direito não se altera no caso de o INSS criar benefício semelhante.
Como se trata de um benefício ao trabalhador criado pelo empregador, espontâneo e habitual, ele...
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