Incapacity pension for civil servants (Article 2, paragraph 12, law 335/95)

START DATE AND DURATION

The incapacity pension:

• starts from the day following the termination of the employment relationship;
• starts from the first day of the month following the date of submitting the claim, if submitted after the termination of the employment relationship;
• ceases with the death of the pensioner;
• is revertible to the survivors.

WHAT AM I ENTITLED TO?

The interested party is entitled to the attribution of a “bonus” or a conventional seniority within the limits of a contributory seniority:

• not exceeding a total of 40 years;
• referred to the missing period at the age of sixty.

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This type of pension is:

• incompatible with the performance of employment or self-employment, whether in Italy or abroad;
•  revoked in the event that the conditions for its granting are no longer met.

The benefit is therefore revoked if you become a holder of a contribution related to work (self-employed or employed) after the start of the incapacity pension.

In this case, the benefit is revoked from the first day of the month following that in which the incompatibility occurred, with recovery of any sums unduly received.

Following the revocation, a pension benefit may be paid, increased by the imputed contributions credited during the period of enjoyment of the revoked incapacity pension.

If the interested party possesses the contribution and personal requirements prescribed for an early or old-age pension, the relative benefit is automatically liquidated. It should be noted that the requirements must be assessed according to the legislation in force on the date of revocation.

The subject, who has already undergone health checks with a judgment of absolute and permanent incapacity by the Medical Commission (to any profitable work or tasks carried out), cannot subsequently undergo new health checks since the Commission has already expressed its opinion.

HOW CAN I CLAIM?

The online claims must be sent to the administration in which the work is carried out or has been carried out, exclusively according to the scheme of annex 1 of INPDAP circular no. 57 of 24 October 1997 (PDF 1.8MB).

A medical certificate attesting to absolute and permanent inability to perform any work activity must be enclosed (annex 2 of the same circular).

To ascertain the right, the institution to which the member belongs must send:

• the medical-collegial visit report attesting the state of incapacity;
• the resolution of retirement for incapacity.

The assessment will be entrusted to various health bodies, depending on the institution or administration to which they belong:

• CMO for the Armed Forces sector, police forces including civil law, employees of the Ministry of Defence and the Ministry of the Interior;
• CMV INPS.

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The table shows the deadlines exceeding thirty days, set by the Institute with a Regulation.

In addition to the terms for the issuance of the measure, the table also indicates the relevant manager.

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