The retirementin itself, is not a minor issue and, with it, the conservation of social work is addedwhere certain obstacles, doubts or requirements usually appear that are part of our rights.
For its part, the law establishes that every person who retires has the right to keep the social security contributions they have at the time of retirement and derive there the contributions that ANSES will retain monthly from their retirement assets.
This is called “right to free choice of social work” and the person has 3 options:
1. Keep the social work you have at the time of retirement.
2. Join a social work that accepts retirees (different from the one you have at the time of retirement).
3. Voluntarily adhere to the PAMI regime.
The ideal time to exercise the right of option is within 6 months of obtaining retirement.
It is common to believe that the fact of retiring necessarily implies that we have PAMI coverage, but this is not the case by law. The PAMI regime should always be voluntary, chosen by the person and not something compulsive. Therefore, the person who retires has the right to keep his social security if he wishes (the one he has at the time of retirement). This applies to both employees in a dependent relationship and monotributistas.
And you have to focus on the fact that even if you are a monotributist, you can keep it the same. Because the law grants the right of option to both employed workers and monotributistas, it does not make any differentiation.
Therefore, when they frequently consult about this point, I emphasize that the social work is obliged to maintain the affiliation if it is the person’s will. The law does not exclude monotributistas from the right of option, they have the same right as workers in a dependency relationship.
Some common excuses for refusing membership
- We do not accept retirees
- We do not have an agreement with PAMI
- We do not accept monotributists
- You must be a member of the union
- You must have been a member for X years
Given these responses, it is advisable to initiate a claim.
To take into account
ANSES contributions may finally be transferred to a prepaid company as long as there is a basic social work with an agreement with that prepaid company.
Otherwise, this cannot be done because the prepaid regime and the social works regime are completely different.
If the person who retires does not have a social insurance, then he or she will have coverage from PAMI or some social insurance that accepts retirees.
In short, it is possible to maintain health coverage after retirement, accessing the same benefits and benefits, and having the corresponding monthly discounts.
If a person wants to maintain their social work when they retire, they must specify this to their current health provider at the time of retirement, to initiate the necessary steps for continuity.
And if your social or prepaid insurance does not allow you to move forward or makes excuses like those mentioned, it is important that you start your claim through court as soon as possible.
Lawyer specialized in health and Director of COINSALUD.
Source: Ambito
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