Transformação e Desaposentação
| Autor | Wladimir Novaes Martinez |
| Ocupação do Autor | Advogado especialista em Direito Previdenciário |
| Páginas | 129-129 |
Page 129
De modo geral os benefícios previdenciários em manutenção podem ser transformados. Comumente um auxílio-doença torna-se aposentadoria por invalidez e até em auxílio-acidente.
Não se considera a figura da transformação de aposentadoria em pensão por morte uma vez que o segurado faleceu e o titular do último benefício é outra pessoa. São prestações distintas.
É possível transformar a aposentadoria por idade em aposentadoria por invalidez, evidentemente presente todos os pressupostos legais desta última prestação. Ou seja, de que o aposentado esteve nas condições do art. 42 e seguintes do PBPS.
A hipótese contrária, transformação de aposentadoria por invalidez em idade, é defensável. Isso seria norma mais favorável porque o fator previdenciário...
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