If the policy holder dies in active employment (Article 2122 of the Italian Civil Code), the TFR accrued until the moment it is due to the family.
The indemnity is due for spouses, children and, if they are dependent on the worker, relatives within the third degree and in-laws within the second.
When there is no agreement between the entitled parties, the TFR is allocated according to the needs of each, according to the provisions of the court to which recourse has been made. In the absence of these beneficiaries, the TFR is attributed to any beneficiaries by virtue of wills or, if there is no will, to legitimate heirs.
If the policy holder dies after leaving employment, the amount accrued by way of TFR, like any other asset, becomes part of the inheritance and must be paid to the heirs, either legitimate or beneficiary, according to the rules governing the succession.
The subsidy cannot be claimed and is automatically paid without requiring a claim.