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Settlement of pension shares to heirs

Publication: 11/04/2022

The pension shares accrued and not collected by the retiree enter the hereditary axis and can be transmitted to the inheritors according to the civil legislation on inheritance.

The accrual is the sum of the instalments or pension shares not collected by the pensioners at the time of termination of the pension (thirteenth monthly payment for the instalments accrued or the portion of the last month of pension due).

The measure, i.e. the pension instalments not collected by the pensioner are paid, depending on whether they are public or private schemes, respectively:

  • to the surviving spouse;
  • in the absence of the spouse, to the living children at the time of the pensioner's death;
  • in the absence of spouse and children, to the other legitimate or testamentary heirs.

If the survivor's pension is paid to the surviving spouse or minor child, INPS is authorised to pay ex officio the amount due as instalments accrued and not collected in line with the objective of the legislator envisaged in article 90 of the royal decree no. 1422 of 26 September 1924. Therefore, only in case of a claim for reversibility submitted by the surviving spouse or by the minor child, INPS will pay ex officio also of instalments accrued and not collected due to the assignor. A specific claim is not required in this case, and the entire amount due in respect of instalments accrued and not collected will be paid to the surviving spouse or to the minor child, without the percentage breakdown provided for by the civil code.

However, in case of a specific claim for accrued and uncollected payments submitted before ex officio settlement by any of the legitimate or testamentary heirs, the ex officio settlement is blocked and the accruals will be paid to all the inheritors who have claimed such distributing the share due to each.
The ex officio payment is settled only if the reversibility applicant is either the surviving spouse or minor child, not in cases of simultaneous presence.

For the liquidation of these sums, the legitimate or testamentary heirs can submit a specific claim online to INPS through the dedicated service.

Alternatively, the claim can be made by:

  • phoning the contact centre at +39 803 164 (free from Italian landlines) or +39 06 164164 from mobile phones;
  • By electronic services offered by patronage institutes and intermediaries thereof.