In an article published in Conjur, our partner Flavio Martins Rodrigues and our solicitor Pedro Diniz da Silva Oliveira analyse the limits of compensation for damages in cases involving supplementary pension schemes and the impact of employment-related payments on pension benefits.
The authors discuss the evolution of case law from the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) regarding the jurisdiction of the Labour Courts and the Ordinary Courts in disputes relating to so-called ‘pension contracts’, as well as the criteria for the potential liability of the sponsoring employer.
In the text, they highlight that compensation for damages requires a technical and individualised analysis of the specific case, whilst respecting the financial and actuarial balance of supplementary pension schemes.