Privilege pension

Article 6, Decree-Law 201/2011, converted, with amendments, by Law 214/2011 (“Monti-Fornero reform”) has provided for its repeal as of 6 December 2011 for public sector personnel, with the exception of the aforementioned sectors:

• safety;
• defence;
• public emergency.

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The member of the forces who suffers injuries or illnesses attributable to one of the categories of table A attached to Presidential Decree 915/1978 and subsequent amendments and additions as a result of facts deriving from the fulfillment of work obligations, which were an efficient and decisive contributing cause, is entitled to:

• pension, if the injuries or illnesses are not subject to improvement (Article 67, Presidential Decree 1092/1973);
• a renewable allowance, if the recognised injuries or illnesses are subject to improvement (Article 68, ibidem).

If, on the other hand, the illnesses or injuries are attributable to table B attached to Presidential Decree 915/1978 and subsequent amendments, the member of the forces is entitled to a one-off indemnity:

• equated to one or more years of the eighth category pension;
• for a maximum of five years, according to the severity of the illness found (Article 69 of the Con. Act 1092/1973 and Article 4, paragraph 2, of Law 9/1980).

WHAT AM I ENTITLED TO?

According to Article 67, paragraph 2, Con. Act 1092/1973 the privileged pension is equal to:

• 100% of the amount of the pensionable base if the illness is included in the 1st category;
• 90%, 80%, 70%, 60%, 50%, 40%, 30% if the illnesses are included in the 2nd, 3rd, 4th, 5th, 6th, 7th and 8th categories respectively;
• to the ordinary pensionable base increased by 10% (Article 67, paragraph 4), if more favourable than the amount provided for in the second paragraph, if the employee has reached 15 years of service (Article 52 of the Con. Act 1092/1973);
• to the ordinary pensionable base increased by 0.20% and 0.70%:
  
  • if the illnesses are included in the 7th or 8th category;
  • for each year of service (minimum five years of effective service);
  • in the absence of contributory seniority necessary to access the ordinary pension (in this case it may not exceed 44% of the pensionable base).

The renewable allowance, of the same amount as the pension, is granted:

• for periods of two to four years. From the day following the expiry of this period, the benefit is converted into a life pension;
• one-off, if the illness is included in table B.

The allowance is revoked and the ordinary pension restored from the day following the expiry, if the illness:

• is no longer found;
• is not included in tables A and B.

The one-off allowance is equal to:

• the 8th category privileged pension;
• the difference between the amount of the 8th category privileged pension and the amount of the ordinary pension, if the member of the forces has accrued the right to the latter;
• for one or more years up to a maximum of five:
  
  • if the judgment of the medical-hospital commission (CMO) requires a higher number of annuities, the limitation to five annuities will be applied through administrative means.

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The CMO’s report must include:

• diagnostic assessment;
• date of knowledge of the illness/injury;
• indication of category;
• opinion of suitability for the service;
• number of annuities (maximum five) for the pathologies included in table B;
• number of years (minimum two, maximum four) of recognition of the Renewable Allowance in case of pathology subject to improvement;
• any incapacity ascertained, if it is determined, exclusively or predominantly, by illnesses dependent or not dependent on the result of service.

The Committee’s assessment is final:

• for the attributability to work of the productive causes of illness, in relation to acts of service;
• for the causal relationship between the facts and the illness/injury.

Cumulation of more illnesses

In the presence of multiple illnesses included in a certain category, as a result of the cumulation, the medical commission will take into consideration only those recognised by the verification committee as a result of service (Article 10, law 9/1980).

Aggravation of illnesses or injuries

In cases of aggravation of illnesses or injuries for which privileged benefit in its different forms has already been granted, the member of the forces may submit a request for review for aggravation without time limits if:

• the benefit is being provided;
• cases of aggravation of illnesses/injuries occur.

The pension or renewable allowance due in the event of aggravation shall commence on the first day of the month following that in which the claim is submitted.

HOW CAN I CLAIM?

The claim must be submitted to the INPS online by using the dedicated service.

Alternatively, it is possible to contact:

• Calling the contact centre on 803 164 (free from Italian landlines) or 06 164 164 from mobile phones;
• On-line services offered by patronage institutes and intermediaries thereof.

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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 measures, the table also indicates the relevant manager.

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