No parágrafo 110, a CONTESTAÇÃO apresenta a argumentação do Departamento da Análise Técnica, exposta no Parecer nº 001/2008/SPC/DETEC/CGAR, de 09/06/2008: “Sendo possível a comprovação de todas as condicionantes, admitir-se-á como possível a reversão de valores às partes que aportaram as contribuições – patrocinadores, participantes e assistidos, considerando que a finalidade do plano de benefício definido, de dar aos assistidos uma renda que lhe garanta um padrão de vida semelhante ao que possuía durante o período laboral, foi plenamente atingida.”
Minha opinião.
Sem dúvida, este foi um dos motivos que fizeram a minha geração ingressar no Banco do Brasil: nós tínhamos o compromisso do Empregador de que, não apenas cada um de nós pessoalmente teria assegurado até o fim da vida o padrão de vida à época da aposentadoria, como também a nossa companheira, mãe de nossos filhos, que se dedicava integralmente à tarefa de administrar a família.
E a LC 109/01, como reconhece o Departamento de Análise Técnica da SPC, manda que o Plano de Benefícios Previdenciários seja administrado pela EFPC exigindo dos Contribuintes O VALOR MÍNIMO DE CONTRIBUIÇÃO que permita realizar esse objetivo da permanência do padrão de vida da época da aposentadoria. (artigo 7º) E os artigos 18 e 22 mandam que esse objetivo seja permanentemente perseguido, e revisto ao menos anualmente ao final do exercício, como a própria CONTESTAÇÃO o reconhece. E os artigos 19 e 20 e 21-§3º da LC 109/01, bem como o artigo 1º da Lei 9790/99 e o artigo 31 da LC 109/1 dizem que as três Reservas (Matemáticas, de Contingência e Especial) estão indissoluvelmente conectadas com a finalidade da previdência privada complementar, a saber, o pagamento de benefícios previdenciários, proibida a sua utilização para pagamento de qualquer outro tipo de despesa, como por exemplo, Reversão de Valores.
Assim, não posso concordar com o que acima diz o Departamento de Análise Técnica: a Reserva Especial está desconectada da finalidade de proporcionar o padrão de vida semelhante ao do período laboral. Quem tem de afirmar isso é a Lei, mormente a LC 109/01 e ela diz exatamente que é RESERVA, isto é, recursos separados para o exclusivo pagamento de benefícios previdenciários.
Insisto.Os Congressistas da Assembleia Constituinte de 1988, como já explanamos em textos anteriores, detinham o conhecimento dos constantes ataques que sofre a integralidade do valor dos benefícios previdenciários ao longo do tempo (artigos 201 e 202 da CFB). E, posteriormente, em 15 de dezembro de 1998, é promulgada a EC nº 20/1998, sendo finalmente editadas, em 29 de maio de 2001, as LC lo8 e l09/2001 que dispõem sobre o Regime de Previdência Complementar e dá outras providências. Com essas medidas, a Lei confiou nada menos que ao Estado a defesa dos interesses dos Participantes/Assistidos, erigindo-a como norma de decisão de todos os conflitos que surjam em relação a matéria de previdência privada complementar (artigo3º-VI)!
O que está acontecendo, e ao longo da história se comprova, inclusive com esse fato da edição de uma simples Resolução, a Resolução CGPC 26/08 que alterou os ditames das LC 108 e 109/01, é o empobrecimento sem causa e ilícito dos Participantes e Assistidos, ao menos os do Plano de Benefícios 1 da PREVI.
(continua)
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