Learn how to ensure the continuity of your health plan after dismissal or retirement in Brazil!
Renato Bessa
Legal
Learn how to ensure the continuity of your health plan after dismissal or retirement in Brazil
Law 9.656/98 guarantees the maintenance of the health plan for former employees and retirees in Brazil, as long as they meet certain requirements. Understand how it works, according to articles 30 and 31 of this law.
For employees who are dismissed without just cause or discharged, Article 30 ensures the maintenance of the health plan under the same coverage conditions, provided that they assume full payment. The maintenance period of the plan will be one-third of the time spent on the plan, with a minimum of six months and a maximum of 24 months. This maintenance extends to the entire family group enrolled in the plan during the employment contract.
In case of the policyholder's death, dependents have the right to remain in the plan, according to the terms of Article 30. Moreover, the right to maintain the plan does not exclude advantages obtained by employees in collective bargaining. This right ceases to exist when the policyholder is admitted to a new job.
It is important to note that, in collective plans fully funded by the company, the consumer's copayment only in procedures is not considered a contribution.
For retirees, Article 31 guarantees the right to maintain the health plan under the same coverage conditions, provided that they have contributed for at least ten years and assume full payment. Those who contributed for less than ten years are entitled to maintain the plan at the rate of one year for each year of contribution, also assuming full payment.
Retirees follow the same conditions established in §§ 2 and 4 of Article 30.
Therefore, if you have been dismissed from work or have retired, pay attention to the deadlines and conditions established by Brazilian legislation to ensure the continuity of your health plan. This maintenance is an important right to ensure care for your health and well-being.