November 29, 2022
Can a worker stay in the company's health fund when they retire?  understand |  Economie

Can a worker stay in the company’s health fund when they retire? understand | Economie

A health plan is an optional benefit that companies give to their employees, so that they can maintain health care during the employment period.

But what happens to those who retire? Can the company’s health plan continue?

This is because the retirement, by itself, does not put an end to the employment contract. It is possible to continue working for the same company after retirement. And even for those who stop working, there are some circumstances in which it is possible to stay in the HMO.

Under what circumstances can the plan continue after retirement?

  1. If the employee Continuing to perform their duties in the company. That is, the employment contract is still valid, as is the health plan.
  2. If you stop working, you can continue with the plan – as long as you are responsible for the cost. In this case, it is also necessary that the worker contributed to the monthly payment of the plan while working.

If the company has covered the monthly expenses alone, the law does not allow for continuity of coverage.

How long can I stay on a health care plan?

In the event of termination of the employment contract, the law allows the worker to keep the plan (as long as the full cost is paid):

  • For life, if you have contributed to the monthly fee for ten years or more
  • For a proportional period, if you have contributed to the monthly fee for a shorter period

“If the employee has paid the health plan for at least 10 years, use is for life or until the company terminates the contract with the service provider,” says Larian R. Del Vecchio, an attorney who specializes in labor rights.

With retirement how is the payment?

An employee who retires and no longer performs work functions will have to pay 100% to pay the health plan. If you retire and continue to work, the plan will remain the same as it was before retirement.

Can I get a pension and a salary at the same time?

According to Joao Padari, a lawyer who specializes in social security law, a worker who remains active can receive their retirement and salary normally. However, the beneficiary will have to continue to contribute to INSS by their profession.

Can dependents also continue on the health plan?

All dependents can remain in the HMO on the same terms as the holder, but the employee is responsible for the monthly payments.

What do you do if the company or agreement does not respect your rights?

If the company does not respect the rights to maintain the plan, the employee may seek a union of his class, Ministry of Labor Or even file a labor lawsuit.