For individuals registered with the Employees' Pension Fund (FPLD) and substitute and exclusive forms of social security from the Compulsory General Insurance (AGO) for disability, old age and survivors, periods corresponding to maternity leave occurring outside of an employment relationship are considered useful for pension purposes, on the condition that the individual can claim, at the time of claim, at least five years of contribution paid during the employment relationship.
The credit is due for mothers for the period corresponding to maternity leave occurring outside of an employment relationship.
Article 2, paragraph 504 of Law no. 244 of 24 December 2007 establishes that the right to credit and to redeem periods of maternity leave, as provided for in Articles 25 and 35, Italian Legislative Decree no. 151 of 26 March 2001 is due for those who were registered with the service on the date of 27 April 2001, the date on which the Legislative Decree entered into force.
For the Compulsory General Insurance (AGO), the individual registered with the service is the subject of an active condition that they are not entitled to a pension on the effective date of Italian Legislative Decree 151/2001.
Consequently, the right to credit is precluded to all those who, on the aforementioned date of 27 April 2001, are entitled to a pension, except in the cases of persons in receipt of an invalidity allowance or invalidity pension because of their status as a recipient of invalidity benefits.
Credit is subject to the possession of five years of effective contribution at the time of applying for credit.
All types of contributions deriving from subordinate work shall contribute to the fulfilment of this requirement. The requirement in question may not be fulfilled by totalizing the credited contribution corresponding to periods of employment with periods of contribution paid to ART/COM and CD/CM schemes for self-employment (Circular no. 61, 26 March 2003).
With reference to claims submitted from 01 May 2010, the aforementioned requirement of five years may also be fulfilled by cumulating insurance periods claimed in another EU State, subject to compliance with the minimum contribution of 52 weeks, required by community legislation for access to totalization.
Always from 01 May 2010, the requirement of five years may also be fulfilled by cumulating insurance periods claimed in Switzerland and in EEA countries, namely Iceland, Lichtenstein and Norway (Circular no. 41 of 25 February 2011).
Imputed credit may only occur in correspondence with periods that are not already covered by other types of contribution in the various pension schemes in which the individuals concerned have an insurance account (Circular no. 61 of 26 March 2003).
How can I claim?
In order to submit the claim, the appropriate form, which is available online, must be completed.
The claim must be submitted by the individual concerned, or by their survivors, to the territorially competent INPS office. The substitute declaration of certification (self-certification) of the date of birth of the child and personal data of the mother must be attached to the claim.
This sheet does not constitute a source of law and must not be used as a basis for any confidence and/or work or social security choices.