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Reconstitution of pension
The reconstitution of pension allows the recalculation of the pension amount, within the terms established by specific provisions of law, whereby contributions (imputed, mandatory, redemption) paid or accrued before the starting date of the pension are recognised.
During reconstitution, both ex officio and upon claim, the pension will be recalculated according to the regulations in force at the time of the original effective date and will be increased or decreased.
The claim for reconstitution can be forwarded by public and private pensioners.
The changes in the amount following the reconstitution operate from the original effective date of the pension, applying the equalisation coefficients. In case of contributory reconstitution, all the requisites are verified and the pension is recalculated as if it were a new settlement.
If, on the occasion of the claim for reconstitution, contribution periods already assessed in the first payment are excluded, the loss of the right to the benefit may occur. Therefore, the reconstitution could also determine a change in the original effective date of the pension or even the loss of the right.
For payments accrued after 6 July 2011 and in the event of a credit change in favour of the interested party, the time limits for re-determining the amount of the pension are given by the five-year statute of limitations (for example the payment accrued on 7 July 2011 will expire on 7 July 2016).
Payment arrears accrued before 6 July 2011 are subject to the previously applied 10-year period of limitation - limited to the residual limitation period to 6 July 2011 - to five years if longer than this period (e.g., the payment accrued on 6 July 2008, with a residual period of limitation as of 6 July 2011 of seven years, is reduced to the limit of five residual years and expires 6 April 2016).
For changes to debit, the limitation is ten years in that the law on the recovery of undue pension is applied.
Following the entry into force of Law no. 111 of 15 July 2011, which has modified the terms of forfeiture due to the judicial action in the matter of pensions, terms of forfeiture of three years apply to claims for reconstitution, provided that the first pension payment occurs on 6 July 2011 and that the first payment decision is compromised by an error due to facts known to INPS and not due to events occurring subsequent to the provision itself.
Therefore the claim for reconstitution submitted to obtain full recognition of the service, not correctly calculated during the first settlement phase even in the presence of all the useful elements, can be accepted only if submitted within three years of the pension payment decision, or, where this is not available, from the collection of the first pension instalment.
Claims for reconstitution submitted owing to facts that occurred, which change the elements of calculation of the pension on the effective date, does not envisage any forfeiture, and any arrears are paid in compliance with the five-year time limits.
The claim must be submitted online to INPS via the dedicated service.
Alternatively, the claim can be made by:
- phoning the contact centre at 803 164 (free from Italian landlines) or +06 164164 from mobile phones;
- by electronic services offered by patronage institutes and intermediaries thereof.