Pensioners/insured persons who are members of the Compulsory General Insurance (AGO) (AGO) scheme, the self-employed workers special pension scheme, the Separate Pension Scheme (Gestione Separata) or other exclusive forms of the AGO scheme are entitled to forms of administrative protection against negative or concessionary measures affecting pensions, redemptions, aggregation of contributions and totalisation.
These same administrative remedies can be used by civil servants and pensioners of the public administration in relation to Leaving indemnity for civil servants (TFS), Severance Indemnity (TFR) and Social Life Insurance.
The appeal concerns services provided by:
- Dependent workers’ Pension Fund of AGO;
- Special pension schemes for self-employed workers i.e. artisans, traders, independent farmers, sharecroppers and tenant farmers;
- Separate pension scheme;
- Special social security fund for people who carry out unpaid care work resulting from family responsibilities;
- Italian State Railways Fund;
- Post office pension fund;
- CTPS – Civil Servants’ Pension Fund;
- CPDEL - Local Authority Employee Pension Fund;
- CPUG - Judicial Officials' Pension Fund;
- CPI - Pension Fund for Nurseries Teachers and Officially Recognised Schools;
- CPS - Health Pension Fund;
- Ex INADEL pension fund;
- Ex ENPAS pension fund;
- Social Life Insurance.
The pensioner must:
- indicate the measure that it deems to be damaging to one's right;
- explain briefly the relevant administrative matter;
- identify the reasons supporting his/her claim to modify, revoke, suspend or cancel the measure;
- enclose documentation useful to settle the dispute (Presidential Decree no. 1199 of 24 November 1971).
An appeal failing to indicate the act appealed and the grounds for cancellation is void.
The appeal can be signed directly by the pensioner or by his/her representative granted a mandate in this regard.
WHEN CAN I CLAIM?
The terms for lodging the appeal differ in relation to the Committee called upon to resolve the dispute.
In general, the appeal must be lodged within 90 days starting from the date of notification of the provision to be challenged. If the term coincides with a public holiday or non-working day, this will start from the first working day.
For Committees of Civil Servants’ Pension Scheme only, the deadline for submission is 30 days starting from the date of notification of the provision, except for pension provisions for which the 30-day term starts from the date of the first payment of the pension.
HOW CAN I CLAIM?
The administrative appeal can be submitted online to INPS using the dedicated service.
Alternatively, electronic services offered by patronage institutes and intermediaries thereof.
Therefore, the appeal is recorded on the IT systems of INPS and examined for the purpose of preparing the necessary observations on the controversial issue. The appeal is then forwarded to the Committee.
After examining any issues of admissibility, the appeal is discussed and either rejected, or fully or partially accepted by the Committee.
The appellant receives notice of the favourable or unfavourable resolution.
However, the law provides that INPS has the power/duty to suspend the execution of the Committee's decision in favour of the pensioner/insured if adopted in violation of the current legislation, and subsequently cancel the relative resolution of the Committee.