Post by account_disabled on Jan 13, 2024 20:00:37 GMT -8
To the benefit defined in the closed supplementary private pension. Last Wednesday (27/2), the 2nd Section of the STJ judged, using the procedure for repetitive appeals, Special Appeal 1,435,837, representing a controversy, defining the applicable regulation for calculating the closed private pension benefit: whether Telegram Number Data the one in force on the date of joining the plan or the one in force on the date on which the conditions for granting the benefit were implemented. The thesis prevailed that the rules in force on the date on which the conditions for granting the benefit (retirement or pension) were implemented must be considered, which means recognizing as legitimate the regulatory changes made during the term of the supplementary pension contract.
The decision was the result of the majority of votes due to divergence expressed by minister Villas Bôas Cueva, accompanied by ministers Raul Araújo and Antonio Carlos Ferreira, since the rapporteur, minister Paulo de Tarso Sanseverino, had taken a position in the opposite direction, understanding that in defined benefits the criteria set out in the regulations in force on the date of the participant's adherence to the plan must be observed, in what was accompanied by minister Moura Ribeiro. In our view, the decision that prevailed in the STJ is flawed and regrettable: it completely annihilates defined benefits, which become, undeniably, “indefinite” and subject to unwanted changes by the contractors who have placed their trust in pension funds for more than three decades.