Communication

State employees, Inps turns off the tap for advance payment of end-of-service benefits

The pension institution: 'from 25 April 2024 onwards' it was 'inhibited from submitting new applications'.

by Andrea Carli

L’Inps ha comunicato che è esaurito il plafond per l’anticipazione della liquidazione Tfs/Tfr

4' min read

4' min read

The Inps closes the spigot for the advance payment of end-of-service benefits to state employees. From 25 April 2024, it will stop submitting new applications, 'until further notice'. Reason? Resources are running out: 'On the basis of the estimates made, the financial resources earmarked in the Inps budget for the ordinary advance payment of Tfs/Tfr for the year 2024, established in 2022 in favour of members of the unitary management of credit and social benefits, are running out'. The social security agency outlined the situation in a message (1628 of 25 April 2024). In the same document, the Inps clarified that 'as of 25 April 2024' the submission of new applications has been 'inhibited'.

The term severance pay ( Tfs ) refers to the allowance that is paid to civil servants on termination of employment if they were hired before 1 January 2001. Thereafter, new employees are granted severance pay. The Tfr is calculated on the basis of the last salary received in its entirety. For the Tfr, on the other hand, there is no connection whatsoever with the outstanding pay when the employment relationship is terminated. With respect to the timing of the payment of the Tfs of civil servants, the terms vary from 105 days to 24 months, depending on the actual causes of the termination of employment.

Loading...

"The resources allocated in the institute's budget for 2024 are being exhausted"

.

"With reference to the ordinary advance payment of TFS/TFR in favour of those enrolled in the unitary management of credit and social benefits established by resolution of the INPS Board of Directors no. 219 of 9 November 2022," reads the Inps document, "it is hereby notified that the financial resources allocated to it in the INPS budget for the year 2024 are, on the basis of the estimates made, being exhausted.

From 25 April no new applications

.

"In this regard," the social security institution continues, "since the Regulations relating to the benefit in question, approved by the aforementioned resolution of the Board of Directors of INPS no. 219 of 2022, provides, in Article 1, paragraph 3, that the disbursement of the ordinary advance payment of the TFS/TFR takes place "within the limits of the financial availability allocated annually in the INPS budget", it is hereby notified that as of 25 April 2024 the submission of new applications is inhibited.

Pending instructions, offices should not proceed with unprocessed files

.

"It is also noted that as from 26 April 2024 and until further notice, it is not possible for the credit bureaus of the territorial and national offices/poles to process and transmit draft assignment proposals to users. Consequently, the functionality in the "Credit Advances" procedure that allows the above-mentioned draft proposal to be sent to the user is inhibited. Applications, for which the transfer proposal received from the user has passed the capacity check, must be processed in the usual manner. With regard to the management of unprocessed applications - concludes the Inps -, the territorial and national Offices/Poles should not proceed with their non-acceptance, pending further operational instructions".

Precedents, Council: 'Accelerate payment of severance to state employees'

The subject of Tfs is therefore back under the lens. In June last year, in a ruling deposited on 23 June (judgement 130/2023), the Consulta had sent a clear message: no more delays, in some cases of years, in the payment of severance pay to state employees. Deferring the payment of end-of-service benefits to those who retire due to age or service limitations represents an "injury to the constitutional guarantees" of the worker. This is why a reforming intervention by Parliament to remove this 'vulnus' is 'indefectible' and 'a priority'. Under indictment, Article 3, paragraph 2 of Decree-Law No 79 of 1997 - which introduced a one-year delay for the payment of severance pay - and Article 12, paragraph 7 of Decree-Law No 78 of 2010, which instead provided for the payment in instalments of severance pay. The doubts of constitutionality had been raised by the Regional Administrative Court of Lazio and for the Consulta they are well-founded.

Civ Inps: too many delays on Tfr and Tfs payments

In February 2024, the Guidance and Supervisory Council ('Consiglio di indirizzo e vigilanza' ('Civ') of the Inps, collecting various reports, noted that the process of disbursement of the TFR and TFS and of the new 'advance TFS and TFR' benefit is currently suffering significant delays caused not only by legislation, but also by other factors, such as the shortage of staff dedicated to this activity and insufficient training of operators.

State Tfs, Ragioneria's rejection of advance payment: it costs too much and there is a risk of litigation

More recently, on 20 March from the Ragioneria generale dello Stato   came a stop to the bipartisan bill to advance the end-of-service treatment of civil servants. The technical report prepared by the Inps 'has been negatively verified by the Ragioneria generale dello Stato', explained the chairman of the Chamber's labour committee Walter Rizzetto, according to the report of the session. "The provision, through the reduction of the terms for the payment of Tfs/Tfr from 12 to 3 months" and "the revaluation of the amount limits for the payment in instalments of the same treatment" - reads the note of the Ragioneria - determines "worsening effects on public finance balances, especially in terms of requirements and net borrowing, without coverage". These burdens, which in the text 'are not indicated' - notes the Ragioneria - are quantified at 3.8 billion for this year in the Inps technical report. Not to mention that 'the retroactive effect could fuel litigation and therefore entail further charges'. Now the communication from the Inps: the ceiling for the advance payment of Tfs/Tfr is exhausted.

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti