Those who suffer from a permanent invalidity of any severity following a terrorist event, or surviving spouses and orphans of deceased victims, may obtain different social security benefits.
The following shall be regarded as victims of terrorism and mass-killings of this kind:
- Italian, foreign or stateless citizens, who died or were injured due to confirmed acts of terrorism in Italy that took place after 01 January 1961;
- survivors of the Italian pilot victims of the Kindu massacre in the Congo (pension benefits from 01 April 2006);
- Italian citizens residing in Italy who were victims of confirmed terrorist attacks abroad that took place after 01 January 1961 (pension benefits from 01 January 2008);
- victims of the Ustica massacre and victims of crimes committed by the so-called “White Uno Gang” (pension benefits from 01 January 2007);
- victims of criminal activities repeatedly committed in Italy, aimed at indeterminate subjects and implemented in public places or places open to the public, pursuant to Article 34, paragraph 3(1) of Law no. 222 of 29 November 2007 (pension benefits from 01 September 2004);
- the spouses and children of injured or deceased victims (pension benefits from 01 January 2007);
- in the absence of spouses or children, the parents of the injured and/or deceased victim (pension benefits from 01 January 2007);
- the spouse and children of the victim who died at the event pursuant to Article 2 of Law no. 206 of 03 August 2004 (pension benefits from 01 September 2004).
These benefits must also be allocated to individuals who are already retired.
Reassessment of retirement pay
Those who suffer a permanent invalidity of any degree and surviving spouses and orphans of victims who died during the event, shall benefit from an increase in their personal pensions provided for by Law no. 222 of 29 November 2007, which amended the pre-existing legislation and introduced innovations on the calculation method. Pensionable earnings, calculated according to general rules, are to be recalculated by a 7.5% increase.
For disabled private dependent workers only, and for their heirs who are entitled to a survivor's pension and who have submitted a claim before 30 November 2007, an alternative to the 7.5% is made available, regardless of any barriers preventing the attainment of a higher qualification. If applicable for the respective category contracts, reference is instead made to the percentage increase between the contractual payment in the immediately higher position, and between that payment that is contractually held by the disabled person upon retirement, if it presents a more favourable option.
Imputed increase of the contribution period
Any individual who suffered a permanent reduction in their working capacity of any magnitude or degree as a result of terrorist attacks or mass-killings of this kind shall benefit from an imputed increase in the contribution period of 10 years, used for legal purposes and for determining the amount of the pension.
The imputed increase of 10 years must be granted to the victim’s spouses or children and, in their absence, parents, regardless of whether or not the victim was working at the time of the terrorist event.
The benefit is due for the spouses and children of the disabled person, even if the wedding was contracted or the children born after the terrorist attack, unless the benefit has already been granted, prior to the wedding or birth of children, to the victim’s parents.
The increase is to be granted both to children born before or after the terrorist event.
As for spouses, the increase may be granted to individuals with whom there was a marriage relationship at the time of the event, or to the divorcee if the divorce occurred after the terrorist event.
In the absence of spouses or children at the time of the terrorist event, the increase may be granted to the victim’s parents.
The increase must, however, be granted within the maximum measurable contribution period of the fund into which the benefit is paid. Additionally, for pensions calculated on the basis of pay, or on a combination of pay and pensions, the imputed increase shall improve the contribution period relating to the share of the pension with the highest pensionable earnings.
Individuals with a permanent invalidity of at least 80%
For those who have reported an invalidity equal to or greater than 80%, the right to a personal pension will be granted immediately that shall be paid after the individual concerned has submitted their claim.
The pension is equal to the last fully-received payment by the worker at the time of the terrorist event, and then increased by 7.5%.
The full remuneration received includes all emoluments paid by the employer and related to the typical purpose of the employment contract, even if it is not subject to social security contributions. The amounts paid on termination of employment as severance indemnities, as well as the amounts paid in order to encourage the departure of workers, are excluded from the full remuneration received.
Individuals with a permanent invalidity of at least 25%
Those who report a invalidity equal to or greater than 25% of their working capacity, and who have continued their working activity until they reached the maximum pensionable contribution period, will be able to benefit from a pension that is equal in value to the last annual pensionable payment received. The general rules on access to pension benefits for all workers shall apply to these individuals.
This pension amount shall benefit from the ten-year increase for imputed contributions referred to in Article 3.
Allocation of double annuities
Law no. 206 of 03 August 2004 grants those family members who are entitled to a survivor’s pension a “double annuity” benefit regarding the pension itself, in the event of the death of persons who have fallen victim to acts of terrorism or mass-killings of this kind, where they have been left with an invalidity of at least 25%.
The double annuity is due for both survivors who are eligible for a reversibility pension and those entitled to an indirect pension.
The amount due for survivors of victims is two annuities, including the bonus month, of the same pension benefit, the amount of which is revalued based on the special regulations introduced by the law in question.
Article 2, paragraph 105 of Law no. 244 of 24 December 2007 extended, from 01 January 2008, the right to double annuity to survivors of victims of organised crime, victims injured in the course of duty, and mayors who have died as a result of criminal acts in the course of their duties.
The amounts paid in respect of the double annuity of the survivors’ pension to those entitled to that benefit as survivors of victims of organised crime, victims of duty and mayors who are victims of criminal acts that occurred during the performance of their duties, shall not benefit from the tax exemption to which they are entitled pursuant to Law 206/2004 and subsequent amendments and additions.
Article 7, Law 206/2004 provides for the constant adjustment of the measure of pensions paid to victims of terrorism and mass-killings of this kind to the remuneration paid to workers in active employment, who are in corresponding economic situations with equal seniority.
The “gold clause” must be applied to pensions paid to victims of terrorism and, upon death, to the consequent survivor’s pensions.
The Ministry of the Interior is responsible for providing the increase in the severance indemnity, according to the measure established by the same provision, to dependent workers. This comes in the form of employee benefits managed by INPS and an equivalent to the severance indemnity and is due for self-employed workers registered with the pension scheme for artisans, traders and independent farmers, as well as with the Separate Pension Scheme.
Therefore, the individuals concerned must submit their claim to the aforementioned Ministry.
How can I claim?
For the purposes of attributing benefits, the recognition of the infirmity and the causal link with the terrorist event must be certified by a certificate issued by the Government’s territorial office. It is to this office that the individual concerned must submit an appropriate claim at:
- the prefecture of the province in which the event was confirmed to have occurred;
- the prefecture of the province of residence;
- the consulate of the place of residence, for those residing abroad.
The certificate must state the date and place of the criminal act and of any death and, in the case of invalidity, the nature of the wounds and injuries that caused it, the disabling pathology and the invalidity percentage.
The claim must be submitted with the aforementioned certification.
The claim for the benefits should be submitted to INPS online by using the dedicated service.
Alternatively, claims can be made by:
- telephoning the Contact Centre on +39 803 164 (free from Italian landlines) or on +39 06 164 164 from mobile phones;
- or by using the electronic services offered by patronage institutes and intermediaries thereof.