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LinkedinWorkers in non-EU countries with an agreement- Patronage Institutes
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Publication: 2 July 2021 Latest update: 22 November 2024
What is it?
It is a service that allows those who have worked in non-EU countries with which Italy has signed a Bilateral Agreement on social security to claim the assessment of the right to a pension, aggregating Italian and foreign contributions.
Who is it aimed at?
This service is aimed at those who have worked in the following non-EU countries:
- Argentina;
- Australia;
- Brazil;
- Canada and Quebec;
- Israel;
- Channel Islands and Isle of Man;
- Countries of former Yugoslavia:
- Republic of Bosnia and Herzegovina;
- Republic of Kosovo;
- Republic of Macedonia;
- Republic of Montenegro;
- Republic of Serbia;
- Autonomous region of Vojvodina;
- Principality of Monaco;
- Republic of Cabo Verde;
- Republic of San Marino;
- The Holy See;
- United States;
- Tunisia;
- Turkey;
- Uruguay;
- Venezuela.
The other bilateral agreements concluded by INPS do not apply to the regime of civil servants and similar personnel.
Those enrolled in the Institute’s Public Pension Scheme can only claim a pension under a bilateral agreement with Israel and Turkey.
How does it work?
Working abroad poses, from an insurance and social security point of view, the problem of the exact identification of the applicable social security and tax legislation, according to the non-EU country in which the migrant worker works.
In this regard, Italy has entered into bilateral social security agreements with the foreign States mentioned above.
The foreign contribution is calculated when the agreement provides for international totalization.
In this case, it is possible to claim a pension in Italy using foreign contributions to fulfil the requirements.
The amount of the pension is calculated on the basis of the contributions paid in Italy, according to the pro-rata calculation.
Similarly, foreign institutes establish the right to benefits borne by them taking into account the contributions paid in Italy.
Other information
Bilateral social security agreements are legal acts of international law with which each State undertakes to ensure equal treatment and portability of rights to migrant citizens of the other State, guaranteeing them the same benefits provided to its citizens, in order to promote the free movement of labour.
Bilateral agreements, unlike Community regulations, must be ratified by an ordinary law in order to be effective in the domestic law of the State.
The Agreements are valid only for the signatory States and operate independently of other agreements.
Bilateral Agreements are based on three principles:
- equal treatment, based on which each State is obliged to ensure the same treatment and benefits reserved for its own nationals to nationals of the other State member of the agreement;
- the maintenance of acquired rights and the possibility of obtaining payment of benefits in the country of residence, even if charged to another State;
- the totalization of insurance and contribution periods for the work carried out in each of the two States member of the agreement, which are cumulated, if not overlapping, in compliance with and within the limits of the individual national legislations, to enable the fulfilment of the requirements for the right to pension benefits.
Processing times of the measure
The ordinary deadline for issuing the measures is set at 30 days under Law no. 241/1990. In some cases the law may set different deadlines.
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.