Pension provision

Separate management by Inps and pension funds, green light for reconciliation

An administrative note from the Ministry of Labour clarified that it is possible to reconcile contributions to and from the Inps separate management scheme, including professional funds, to build up a single pension

by Federica Micardi and Giorgio Pogliotti

(AdobeStock)

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

Green light for the simplification of the reconciliation of contributions from different separate management schemes, even when the separate management scheme of the Inps is involved.

With a administrative note, the Ministry of Labour clarified that it is possible to reconcile contributions to the Inps separate management from other social security schemes and from the Inps separate management to other schemes, including professional funds, in accordance with the rules governing each body.

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Inps sources report that the Institute is ready to implement the news and that a specific circular on the operation of the simplification will be issued next week. Which allows those who have had fragmented working careers with open insurance positions in different social security managements, to reunite through transfer all the contribution periods in a single management to build a single pension.

Inps guidance and case law

Until now, the National Social Security Institute has often opposed the reconciliation from the Inps separate management to other funds, because the separate management was born entirely under the contributory system, while other managements were still in a phase of transition from the retributive to the contributory system. However, the Court of Cassation has intervened on several occasions on this possibility, clarifying that there is no prohibition on reconciliation to and from the separate management for freelance professionals, and there is also a favourable orientation from the courts. The consequence is that in many cases professionals have obtained reconciliation between the separate Inps management scheme and the professional fund to which they belong, at the court's request. In concrete terms, this possibility concerns those who are entirely in the contributory system, having started working since 1 January 1996.

What prompted the Ministry of Labour to intervene is the fact that with the gradual completion of the transition to contributory contributions, the reason for keeping the separate management 'isolated' from the other forms of reconciliation has disappeared. Reconciliation is on a fee basis, although several professional funds allow contributions to be reconciliated free of charge, with the transfer of the revalued amount to the management and the calculation of the pension using the contribution-based system.

For the freelancer, a Ministry of Labour statement emphasises, this means 'being able to make better use of one's entire contribution history'. Once the Inps clarifications have arrived, those who have paid contributions to their own professional fund and to the separate Inps management scheme can ask to unify these periods, thus overcoming fragmentation for the pension. For professionals, reconciliation is in addition to the options of totalisation and cumulation.

The satisfaction of professional pension funds

Adepp, the association representing the social security funds of professionals, expresses its satisfaction with the path that seems to have reached the finish line with regard to an issue that was also recently addressed during the 4 November round table at the Ministry.

With the interpretative indications provided to Inps by the Ministry of Labour,' Adepp adds, 'a serious form of discrimination against self-employed professionals is finally overcome, also considering that they perform an activity that, by its very nature, is more discontinuous and unstable than the activity performed by employees.

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