Reversibilità

Reversibility pensions, INPS recalculation begins: here's who for

News for survivors' pension recipients.
Some of them will receive a recalculation of the amount, including reimbursement of arrears.
This was communicated by the INPS with circular no.
108/2023.
In the circular, the Social Security Institute implements the principle stated in the ruling of the Constitutional Court n.
162/2022 and announced that it will proceed with the recalculation.
Let's see for whom.
What is a survivor's pension? A survivor's pension is a form of pension support aimed at the surviving family members of a deceased pensioner or worker.
This is a right of the spouse or person civilly united with the deceased citizen.
The reversibility pension can be addressed to spouses, minor or adult children, and other particular heirs of the deceased.
The survivor's pension is not always the same for everyone, because it is calculated on the basis of a certain percentage which refers to the pension paid during life by the deceased.
The amount received by the survivors accumulates with the income of the beneficiary, for this reason, as the income of the survivors increases, the payment of the reversibility pension may be reduced.
Reversible pensions recalculated: here's for whom The Constitutional Court with sentence number 162 of 2022 had declared the partial unconstitutionality of article 1, co.
41 of law no.
335/1995.
In particular, the part in which there is no cap on the reductions in survivors' benefits caused by the possession of additional income.
The matter concerns the deduction of the amount from the survivor's pension in case of possession of other income by the owner.
Law no.
335/1995 established that widowers or widowers who have income receive a reversibility pension in this way: Zero cuts for incomes within the limit of 23,345.79 euros; 25% for incomes between 23,345.79 euros and 31,127.72 euros; 40% for incomes between 31,127.72 and 38,909.65 euros; 50% for incomes above 38,909.65 euros.
When there are minors, students or disabled children in the surviving family unit entitled to a pension, no reductions are made.
The Constitutional Court, however, observed that the reduction mechanism is unreasonable in the part in which it allows the application of reductions greater than the additional income enjoyed by the beneficiary in the reference year.
Therefore the article must be modified and integrated with the provisions that the reductions do not go beyond the income limit.
According to the judges, reducing the pension beyond the amount of income earned would in fact result in damage to the survivor.
And so the INPS announced that it has implemented the directive received from the constitutional judges and will proceed to automatically re-evaluate and re-examine the pension payments involved, where the amount of withholdings has exceeded the amount of the additional annual reference income.
That's not all because we will also proceed to recognize arrears and legal interests and/or monetary revaluation, within the limits of the five-year limitation period.
read also Pension increases postponed for these pensioners

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