Migração entre planos de benefícios: alteração da proteção previdenciária privada

• Autor(a) principal: Valença, Maria Cibele de Oliveira Ramos
• Data de Publicação: 2013
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6114
• topic: Previdência complementar; Migração; Planos de benefício; Entidades de previdência privada; Pension; Migration; Benefit plans; Private pension funds; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The focus of this study is to analyze the migration process between benefit plans managed by the closed private pension and verify the possibility of maintaining the standard of living of its participants and, consequently, for their welfare after the completion of migration. The private pension scheme is voluntary and based on reserve to ensure the benefit hired, being characterized by the intention to supplement the benefits provided by the statutory system, ensuring the maintenance of the participants standard life when they retire and stop perform paid activities. This paper consists of five parts. The first part deals with the Social Security System and its purposes. The second part assesses the main features inherent to a private pension scheme, including submission to the principles of the Social Security System and the analysis of the subjects that operationalize within the closed pension. The third part deals with the legal nature of the closed private pension, important to complete this work behold directs the purpose of the private system. The fourth section analyzes the legal technicalities of financial schemes used by closed private pension funds in the creation and management of benefit plans that aim to ensure future comfort to its participants. Finally, the fifth part, are considered the legal aspects of benefit plans, as well as the ownership of their respective assets and other aspects that must be considered in a migration process between benefit plans devised by sponsors. The research is important because it will allow conclusions about the relevance of this change specifically in relation to social security protection of participants who originally joined the benefits plan other than the one that will pay benefits in the future