Crediting of imputed contributions for trade union and elective public offices leave

PAYMENT OF THE EMPLOYEE’S SHARE

The employee in the public and private sectors, elected as a member of the national Parliament, the European Parliament or a Regional Assembly (or appointed to hold public functions) who has accrued a life annuity or a pensions increase, is required (Art. 38(1), Law 23 December 1999, No. 488):

• to pay the share of pensions contributions payable by the employee for the period of unpaid leave granted to carry out the elective mandate or the public function;
• to pay the above sums to the administration of the elective body which will pay them to the fund of the social security institution to which they belong;
• to expressly state their wish not to renew the claim (otherwise it is deemed to be automatically renewed each year).

Failure to pay the share payable prevents the imputed credit for the period to which the fee refers. In the event of late payment the share is increased by statutory interest. The share payable becomes time-barred after five years.

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Only for members of the national Parliament, the European Parliament, regional assemblies or those appointed to public office who by reason of the appointment accrue a right to a life annuity or increase in pension, the claim shall be tacitly renewed each year unless there is an express assertion of the will to the contrary, provided that it must in any case be resubmitted at the start of each new parliamentary term.

Tacit renewal does not operate where, by reason of election or appointment, the person concerned does not accrue the right to a life annuity or increase in pension. In this case, the claim must be submitted, under penalty of forfeiture, by 30 September of each year with reference to the previous calendar year.

HOW CAN I CLAIM?

Exclusively online via the INPS website, through the dedicated service, by logging in with your credentials.

Alternatively, claim can be submitted by:

• telephoning the Multichannel Contact Centre on +39 803 164 (free from Italian landlines) or on 06 164 164 from mobile phones;
• using telematic services offered by patronage institutes.

Those enrolled on private schemes, included the Pension Fund for Professional Sportspeople (FPSP) and the Pension Fund for Performing Arts Workers (FPLS), can refer to the indications provided for in the INPS circular no. 153 of 24 October 2017 (in Italian).
For those enrolled in the Civil Servants’ Pension Scheme, please refer to the instructions provided with message 147/2018.

MEMBERS OF PRIVATE SCHEMES, DOCUMENTATION TO BE ATTACHED TO THE ELECTRONIC CLAIM

For the granting of imputed credit for elective office it is necessary to attach exclusively (no alternatives are accepted):

• decision for placement on leave and extension:
  
  • in writing, dated and signed in full by the employer;
  • prior to the period of leave granted;
• substitute declaration in lieu of an affidavit by the employer (Articles 38, 47 and 76 of Presidential Decree 28 December 2000, No. 445) certifying the status of unpaid leave;
• salary statements drawn up by the employer with the employer’s express assumption of responsibility - model AP123 (Articles 38, 47 and 76 of Presidential Decree 445/2000);
• declaration of the function performed, the date of election, the competent body and any right accrued to a pensions increase or life annuity (Articles 38, 47, 75 and 76 of Presidential Decree 445/2000). This declaration precedes the certification by public bodies which the competent local INPS office acquires through direct contact with the public body;
• certification of the payment of the fee payable in the event of entitlement accrued to a pensions increase or life annuity (Art. 38, Law 23 December 1999, No. 488).

For the granting of imputed credit for trade union office it is necessary to attach:

• decision for placement on leave and extension:
  
  • in writing, dated and signed in full by the employer;
  • prior to the period of leave granted;
• substitute declaration in lieu of an affidavit by the employer (Articles 38, 47 and 76 of Presidential Decree 28 December 2000, No. 445) certifying the status of unpaid leave;
• salary statements drawn up by the employer with the employer’s express assumption of responsibility - model AP123 (Articles 38, 47 and 76 of Presidential Decree 445/2000);
• Formal decision of the union assignment which contains:
  • specification of the article in the trade union bylaws which provides for the office assigned to the worker;
  • date of assignment of the office;
• Substitute declaration of sworn affidavit made by the trade union organisation specifying (Articles 38, 47 and 76 of Presidential Decree 445/2000 (form AP124):
  • the nature and performance of the functions assigned;
  • specification of the article in the trade union bylaws which provides for the office assigned to the worker;
  • date of assignment of the office;
• Trade union bylaws. The trade union bylaws that provide for the office and apply to the specific case according to time.

Disclaimer

This sheet does not constitute a source of law and must not be used as a basis for any confidence and/or work or social security choices.

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The table (in Italian) shows the deadlines exceeding thirty days, established by the Institute by means of Regulations.

In addition to the deadlines for issuing the measure, the table (in Italian) also indicates the person responsible for it.

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