Post by account_disabled on Jan 14, 2024 5:17:39 GMT
Distinction between the types of private pension benefits (especially between “defined benefit” type benefits and “defined contribution” type benefits), resulting in, under the rite of repetitive appeals, blatant injustice and an affront to the constitutional guarantee of protection of perfect legal acts and acquired rights. Recognition of the applicability of the regulation in force on the date of the participant's adherence to the plan for the purpose of calculating the value of Telegram Number Data the benefit to be granted would be a logical corollary, in the case of defined benefits, of the constitutional norm that establishes: Art. 202. The private pension regime, of a complementary nature and organized autonomously in relation to the general social security regime, will be optional, based on the constitution of reserves that guarantee the contracted benefit , and regulated by complementary law.
So much so that the STJ itself had been affirming, in several judgments, the non-existence of an acquired right to a contribution regime in the closed private pension system. Now, this conclusion resulted precisely from the recognition that in closed private pensions there is a need to guarantee the actuarial health of the plans, that is, to maintain the technical reserve necessary to fulfill the contracted benefits! In the case of benefits contracted in a defined manner, the value of the contributions could be changed precisely to comply with what was defined at the time of contracting, but there could be no change to the contracted benefit itself.