COLLECTIVE HEALTH PLAN AND RETIRED EMPLOYEE PERMANENCE

Abstract

This text presents a teaching case devoted to the analysis of collective health insurance contracts governed by Law No. 9,656/1998. The central narrative concerns a retired employee who, as a beneficiary of a company-sponsored group health insurance plan, seeks to remain enrolled in the plan following retirement. The legal issue lies in determining whether the retiree is entitled to continued participation in the collective plan and, if so, under what conditions such continuity should occur, particularly with respect to cost-sharing and the preservation of contractual terms in force at the time of retirement. The justification for the study rests on the need to bridge theory and practice in legal education, moving beyond purely expository methods and enabling students to engage with concrete factual scenarios in light of authoritative judicial precedents. The objective is to foster critical legal analysis and well-informed decision-making by promoting a comprehensive understanding of the legal framework governing collective health insurance plans. The case-study method is employed as a teaching strategy, involving simulations, division of the class into groups representing the parties, guided debates, and structured questionnaires. The conclusion reached is that a retired employee who previously participated in a collective health insurance plan is entitled to remain as a beneficiary; however, such entitlement does not confer vested rights to the original contractual conditions, and continued participation is subject to the retiree’s contribution to the plan’s costs, in accordance with the principle of parity between active and inactive beneficiaries.