If a civil servant is unable to continue working due to the worsening of his/her health, the civil servant can ask to undergo medical examination for the recognition of the incapacity.
With effect from 1 January 1996, Article 2, paragraph 12, Law 8 August 1995, no. 335 provides for the right to receive pension payments in cases where the termination of the service is due to illness for reasons not ascribable to service and for which the persons concerned find themselves "in absolute and permanent impossibility of performing any work activity".
All civil servants enrolled in the exclusive pension schemes of the Compulsory General Insurance (AGO) are eligible for the incapacity pension.
Start date and duration
The incapacity pension starts from day subsequent to the termination of the employment relationship. The benefit is disbursed for life and, therefore, ceases upon death of the pensioner. It is reversible in favour of eligible survivors.
The pension measure under article 2, paragraph 12, Law 335/1995 provide for the same effective date of the incapacity pension. However, if the claim was submitted after termination of the employment relationship, the pension starts from the first day of the month following that in which the claim was submitted. Also in this case, the benefit is disbursed for life, unless the revision of the incapacitating state is revoked following a negative outcome.
What am I entitled to?
For the incapacity pension rights under article 2, paragraph 12, law 335/1995 to be recognised, a "bonus" or a conventional seniority must be granted, as if the member had been employed until the age of 60 or up to the 40th year of service.
The right to an incapacity pension as regulated by article 2, paragraph 12, Law no. 335 of 8 August 1995, is subject to the following conditions:
- a five-year contribution period, of which at least three years during the five-year period preceding the effective date of the pension payments; any periods redeemed or transferred to this Institute contribute to the formation of the aforementioned seniority;
- termination of the employment relationship due to illness not contingent upon service cause;
- recognition of the state of absolute and permanent impossibility to carry out any work activity resulting from an illness not dependent on the cause of the service.
This type of pension is incompatible with the performance of paid work or self-employed job in Italy or abroad and it is revoked if the conditions for its granting no longer apply.
In the event that a contribution related to autonomous or paid work activity is established in a period of time following the beginning of the incapacity pension, the benefit is revoked starting from the first day of the month following the one in which the cause of incompatibility occurred, with simultaneous recovery of any sums unduly collected. If the requirements are met, following the revocation, pension payments can be made considering the qualifying contributions at the time of termination of the employment relationship increased by the deemed contributions credited during the period of collection of the incapacity pension revoked.
The former worker who has already filed for an incapacity pension pursuant to the legislation on service activities and who has already undergone health checks on which the Medical Commission has expressed an opinion with regard to the absolute and permanent incapacity (for any productive work or tasks performed) which resulted in retirement, cannot be subject to new health verifications subsequently considering the Medical Commission has already expressed an opinion in this regard.
How can I claim?
To apply for incapacity pension under article 2, paragraph 12, Law no. 335 of 8 August 1995, a claim must be submitted to the administration where the worker or former worker works or has worked, exclusively according to the scheme of attachment 1 of INPDAP Circular no. 57 of 24 October 1997 (pdf 1.8MB). A medical certificate stating the state of absolute and permanent incapacity to carry out any work activity must be attached to this claim (attachment 2 of the same circular).
Depending on the institution or administration, the assessment of the incapacity is carried out by various health institutions:
- hospital medical commissions for the Armed Forces sector, police institutions, even civilian institutions, workers of the Ministries of Defense and the Ministry of the Interior; medical hospital commissions for the Armed Forces sector, police institutions, even civil, workers of the Ministries of Defense and the Ministry of the Interior;
- ASL (Local Health Authority) medical commission for non-financial public institutions;
- medical verification commission for the schools, universities, ministries, health, local authorities.
To ascertain the right to the benefit, the membership entity must submit the medical examination report certifying the state of incapacity and the retirement decision.
The claim for the settlement of an incapacity pension for that governed pursuant to article 2, paragraph 12, Law 335/1995 must be submitted online to INPS through the dedicated service.