From 1 July, silence means enrolment: the new (obstacle-strewn) rules on pension funds
According to the State General Accounting Office, the new scheme is expected to attract around 100,000 additional members per year, on top of the current 10.5 million members of supplementary pension schemes, representing 39.9 per cent of the workforce
Key points
From 1 July, the rules governing the relationship between new private-sector recruits and supplementary pension schemes will change. The 2026 Budget Law replaces the old ‘tacit consent’ system – which came into effect after six months – with a more immediate mechanism: automatic enrolment in the sectoral pension scheme takes effect from the date of recruitment, and the employee has 60 days to opt out. If they do not opt out, their full severance pay (TFR), together with the employer’s and employee’s contributions as set out in the applicable collective agreement, will be paid into the fund.
Who is involved
The rules apply to two categories: those who are being hired for the first time as private-sector employees, and those who, although they have already worked, enter into a new employment contract after 30 June and already have a supplementary pension scheme funded, even if only in part, by their severance pay.
Domestic workers, civil servants and those who do not change employers are excluded. The automatic conversion does not apply either to fixed-term contracts of less than 60 days, or to those who have fully settled their previous employment or have never paid into the severance pay scheme.
The designated fund
The relevant pension scheme is that provided for in the applicable collective agreement. If there is more than one, the fund with the highest number of members amongst the company’s employees is used. In the absence of any collective agreement, the default fund is Cometa, the metalworkers’ fund: in this case, however, only the severance pay (TFR) is paid into it, without any contractual contributions.
However, it should be noted, as stated in this article, that almost all pension funds will reach the 1 July deadline without being ready to accept automatic enrolment of new recruits.
