Súmula 288
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 | 98-98 |
Page 98
COMPLEMENTAÇÃO DOS PROVENTOS DA APOSENTADORIA.
I - A complementação dos proventos da aposentadoria é regida pelas normas em vigor na data da admissão do empregado, observando-se as alterações posteriores desde que mais favoráveis ao beneficiário do direito.
II - Na hipótese de coexistência de dois regulamentos de planos de previdência complementar, instituídos pelo empregador ou por entidade de previdência privada, a opção do beneficiário por um deles tem efeito jurídico de renúncia às regras do outro.
Assunto: Aposentadoria.
Legislação correlata: CLT/468.
Súmulas do TST relacionadas: 72; 92; 97; 160; 313; 332; 440.
Comentários
Inciso I:
A complementação da aposentadoria é feita por norma interna do empregador, que se incorpora ao contrato de trabalho, conforme esteja em vigor na data de sua admissão. Assim, a regra sobre complementação de aposentadoria que rege o contrato de trabalho é aquela que vigorava quando o empregado foi admitido.
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